Thoughts on Sen. Obama's Decision to Opt Out of Public Financing

You can find his video announcement here. The news is currently the lead story on the NYT website.

I find Senator Obama's decision completely defensible and unsurprising. The system is broken. We cannot expect opt ins by successful candidates, especially in the internet age which has greatly decreased the cost of fundraising from micro-donors.

UPDATE: My friends Trevor Potter and Bob Bauer disagree about whether there were negotiations between the McCain and Obama campaigns over public financing.

See also Bob Bauer's comments to the Politico about Sen. McCain's 527 comments, which I anticipated here.

UPDATE II: Marc Ambinder asks how "reform" groups will react to the Obama announcement. This is an interesting question, given earlier controversy. So far, the reaction has been muted.

Common Cause says it won't criticize Sen. Obama but nonetheless gives him a "demerit." (What, is he back in second grade?)

The Public Campaign Action Fund is supportive of the decision.

The Brennan Center (in an emailed statement not yet online) is noncommittal.

And the Campaign Legal Center, in the past closely allied with Sen. McCain and headed by Sen. McCain's counsel, Trevor Potter, is silent.

UPDATE: I've been updating this post, along with an offer to moderate a discussion between Trevor and Bob, here at Rick Hasen's Election Law Blog.

Comments

[S1m0n]

Obama IS being funded by the public.

[SouthPrairie]

I think it is fair to say that the Obama campaign had an "ah ha moment" when they observed the potential of the American people. He has not only taken a calculated stance, and I am thankful to see some strategic moves coming from the donkey side of the debate, but he has also acknowledged OUR PART in his campaign. We are the ones funding this campaign, and that is the way it should be. His campaign is absolutely public funded--in a different kind of way.

The Republicans are trying to push him around in much the same way as the Clintons did with their mean spirited VP bid. Obama has a bit of push back in his style and I like that. We need that right now. McCain has no ethical ground to stand on with the nasty twisted interests residing in his back pocket--or should I say, where he resides in their back pockets. His disingenuous outrage is pathetic. Yeah, he"s outraged that he cannot gain as much financial support from hard working American citizens that are somewhat bitter and rather than clinging to our guns, we"re going to argue for and pay for the campaign of a SMART, authentic, and inspiring leader.

[CindyV]

Flip. Flop. Spin. Spin.

[bgregs]

Shouldn't that be "Spin. Spon."???

[savagetiger]

Proof that Hillary supporters are still clinging to their bullet proof vests and running from their houses clinging to their guns and avoiding Bosnian snipers in rural suburbia.

Get a life. Seeing you supported Annie Oakley, Rocky, Grama get your gun, you should be used to flip-flopping - also, since you've already supported all 6 of her identities, you can support O.

If not, see ya later - go vote for religious right, and have fun losing.

[WayBeyondBlue]

Look. This is - if not the first, one of the very few - presidential cycles where Dems are outpacing Reps in campaign funding. And of course, the Reps whine.

I for one am very happy with Obama's decision regarding public financing. It is ABSOLUTELY CRUCIAL that the Republicans DO NOT WIN THE PRESIDENCY THIS TIME (screaming on purpose). Frankly at this point I don't care what Obama does as long as he wins. Whatever. This election should be treated as a referendum on the failed neocon policies of the past 16 years.

[Triciann]

I find it interesting that McCain supporters don't seem to know much about the man other than he was a prisoner of war and is a Republican. He regularly "forgets things" and "changes his mind" but only when caught out. Many would use a simpler word, "lying".

The things that McCain's supporters on these blogs say about Obama's history. What about being so reckless that you crash a plane into power-lines when there's not an enemy in sight? There's a whole load more but it's an example of the level you are having to work at to try to damage Obama. Obama supporters have so many negatives to point to regarding McCain which are far more pertinent to 2008 and this election.

[GreatFutureForAll]

Had Obama's campaign solely been financed by large corporations or lobbyists, this would be a minor issue when weighed against the broken finance system.

OBAMA'S CAMPAIGN HAS BEEN FUNDED BY OVER ONE MILLION MIDDLE CLASS DONORS, REGULAR JANE'S AND JOE'S THAT GIVE $20.00 EACH INSTEAD OF GOING TO SEE THE LATEST WILL SMITH MOVIE.

THIS IS TRULY PUBLIC FINANCING AT IT'S FINEST: REGULAR CITIZENS VOTING WITH THEIR WALLETS.

Obama has created a middle-class people's movement. He's one of us:

1. Bounced a check just a few years ago before his book success.
2. Had trouble paying off his student loan.
3. Worked his way into college despite his mom being sick and on food stamps.
4. Took a salary hit as a Civil Rights Attorney instead of working for a large law firm.
5. Married a strong, struggling, working-class Chicago girl instead of a woman of great privilege (like Cindy McCain, who was raised like a member of the Royal Family).

If Obama has a huge financial advantage because of the American people, THEN SO BE IT!!!

He did not get this advantage because of corporations and lobbyists. If that were the criteria, Hillary Clinton would have won the election long ago as she had great inroads with the usual funding sources.

OBAMA CONTINUES TO GET HIS MONEY FROM DADS, MOMS, AND THEIR KIDS!

This is a NON issue. Anyone who takes issue with people building Obama's advantage can take it up with us: The American people!

[tmckly]

I didn't know George Soros had joined the middle class. What Ivy league school did Obama go to?

[nomobull]

PROOF

[ReadyNow]

You forgot number 6 and 7

6. Joined a racist anti american church to help him get elected
7. Demonstrated he will lie or say anything to get elected...just like every other pol in the history of the world...

[JimR]

Yeah, joining what some people think is an anti-white anti American church is a tried and true way of getting elected. Works every time.

Maybe you should try thinking before you type.

[savagetiger]

What, can't come up with more drivel because you can't count past 7? Nice...

[returnofthejedi]

AHH the Willie Horton or should I say Willie Lynch strategy. So I guess telling the truth
about the sins of America , including racism, jim crow, japanese internment camps, etc
(the page is not long enough to list them all) is anti american. Can't you see what you are implying? You imply that dishonesty is athe American way......you willing to admit that? You imply that hiding the facts about truth when it comes to history, religion, the refusal to administer justice fairly HAS BEEN the AMERICAN WAY?, thank you, it's about time you admitted that.

[1will]

Where did Obama get his start?
Which Domestic Terrorist and his friends helped fund Obama's entry into politics? I'll give you a hint: Google the name Ayers.
You cannot play the political game without raising millions and owing people. It's unfortunate but it's a fact. Hopefully it will take years for the average politician to owe the many special interests and businesses.
Then there's Obama. Right out of the gate he takes money from people that most of us would not associate with. Ayers held a fundraiser in his own home for Obama's political coming out. What kind of person would accept help from a terrorist? Hell, what kind of people would accept an invitation from a terrorist and donate to his pet politician?

[BigBen]

I must say I have never encountered such a candidate. Every decision, even when he switches sides is heralded by his advocates as an absolutely correct decision.How secure it must be to have a candidate of such rectitude. When a mistake is made somebody faked his signature,or it was an underling who made the incorrect decision; however he will graciously apologize for their (not his) mistake.

[ReadyNow]

I like it how the Obama fans supported the Trinity Church - until Obama himself throws it under the bus...

The Obama kool aid crowd supports Obama will wild logic and are left in the lurch when their candidate flips and agrees with the critics.....Get used to being thrown under the bus....Obama preaches anti NAFTA and whispers to the Canadians, Obama preaches leave Iraq NOW and then whispers to the IRAG foreign minister. Obama says I will meet with IRAN without preconditions and then announces all his preconditions...Obama's latest ad touting his Kansas upbringing - yup they gave him the values that made him choose the racist church he later abandoned.....

Now the Obama crowd is reduced to: My liar is better than your liar.....Your liar started it. We have to lie so we can get elected and stop all the lying....

[Triciann]

The McCain campaign and right-wing need to realize that being ethical doesn't mean you're stupid.

I love the fact that Barack Obama is listening to the new lobbyists, the voters, the ordinary people who donate a few dollars here and a few more there. It's great. It's called democracy!

I applaud Obama's decision.

[ReadyNow]

Doesn't the fact that he lied bother you - even a little bit? All the reasons he gave for lying existed when he made his original statement. The only change was that he decided $500 million was worth lying for....and that the huff post crowd thinks the ends justify the means. You are no different than the republicans....

[savagetiger]

Well, you are a Republican - remember you're talking to the intelligent elite. (all sarcasm intended).

Have you even listened to McCain lately - lies are but the tip of that gigantic decrepit iceberg. Go over to fox news, you may find someone idiotic enough that cares for this type of drivel.

[JimR]

Where's the lie? He said he would participate in public financing if "your major opponents agree to forgo private funding in the general election campaign."

Did McCain agree to forgo private funding? Did I miss that? Please give us a link that states McCain agreed to forgo private funding in any way, shape or form.

Go ahead, we'll wait.

[BigBen]

A few here, a few there and before you know it you have $500 million, wonderful! 250 million people gave a few each, how wonderful.

[Rescisco]

Obama's decision is not a surprise, but it does open him up to criticism. It is a logical decision prompted by the obvious advantage he has in raising private funds. But he claims to support a "robust system of public financing of elections." All of the "broken system" arguments have some merit, I suppose, but the fact is his decision (however rational) should not to be confused with any high or noble purpose. Its a political calculus that is as old as politics itself. Do whatever it takes, and use any advantage you have etc. I see no moral or progressive enlightenment here, only hard ball politics. I respect the logic of the decision while agreeing that there is more than just a little hyypocrisy involved in it. Welcome to the "old politics."

[nomobull]

HE JUST DIDN'T FALL INTO MCCAINS TRAP NOT HYPOCRISY SMART

[river10]

Bravo to Barack! He's tough enough and smart enough not to play the game as the oligarchy wants it played. Just look at what lobbyist money----which he foreswears---has wrought in giving little bush cover for his illegal wiretapping. The dems without Obama at the helm are a pathetic lot, beholden to the rich and powerful just as much the repugs. All the whining and editorials in corporate mouthpieces like the Times and the Post won't change the fact that our man knows what it takes to win, and is doing it. Liars and sociopaths have been running our country, and it takes courage and strength to defeat such----ask any law enforcement person.

[ReadyNow]

Brave ot Barrack - He is the typical smart lying chicago politician. He will abandon any principle, turn his back on any freind to win.

Winning is all that matters to Barrack....And the ends justify the means crowd here at the kook aid post applaud this hypocrisy while they criticize bush for lying....

Oh....lying about that is BAD....lying about this is OK....

Lying is a character flaw and is always bad

[nomobull]

STOP PROJECTING THE LIES WHERE IS YOUR PROOF BUT MCCAINS LIES ARE EVERY WHERE FOLLOW THE VIDEO .

[returnofthejedi]

If lying is a character flaw why are you and the rest of these lying trolls here exercising your flaws on this site?

[bgregs]

Except of course when that particular character flaw belongs to a republican like John McCain, george w bush, or ReadyNow......

[EinChicago]

Let's be frank. Ob-ama has ran a "do as I say not as I do" campaign from day one, so no-one expected him to stand by any promise. Give it a few days and the Kultists will have figured out a way to label anyone accepting public funding as racist.

[savagetiger]

Its comments like these that reinforce my theory that most commenter's on Huff post fail to understand even the easiest of political concepts.

If you're ignorant on a subject, decline to comment so the rest of us can have an intelligent conversation.

[tmckly]

WE UNDERSTAND, OBAMA IS A LIAR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[JimR]

How are things in Chicago, E? Still bitter and angry, I see.

[tmckly]

Sir Gaff-a-lot-Obama signed a pledge to take public, but we all know he can flip on any issue and won't be held accountable by media who is obviously rooting for him. What a disgrace.

[nomobull]

NO HE SAY HE WOULD IF MCCAIN WOULD HE DIDN'T DO YOUR HOMEWORK AND STOP REPEATING REPUB SOUND BITES.

[sxm342]

Obama has given the Repubs another attacking point. I think he will come to regret this decision. He should have learned from his primary challenge with Clinton. Pump all the money you want into some places you'll still loose by 10 points.

[IndependentD]

Obama's Pennsylvania loss (implicitly referenced above) may have been by more than 10 points but, as many have pointed out, that margin of defeat represented considerable gains by Mr. Obama in that state; so the money he pumped in was not without effect. There are cases (see Romney, Mitt) where it doesn't matter how much you spend; if the people don't want you, you're toast. Yet, even in this case, more money does mean more opportunity to be seen and heard. And if Mr. McCain's initial reaction to this decision by Mr. Obama is any indication of the caliber of the "Repubs" future attacks, Mr. Obama can rest easy on this one. How dimwitted it was for Mr. McCain to assert that Mr. Obama's actions here show him to be "just another politician"! Did Mr. McCain not know, or does he not appreciate, that, by opting out, Mr. Obama is doing what no other politician has ever done since public financing for presidential candidates became available?

[ReadyNow]

Yes, the first guy since NIXON....now thats a model.....Obama will show himself to be another conniving pol like NIXON.....He will do anything to get elected.....

[JimR]

First, Obama can point to the millions of small donations he received from individuals. The GOP will try to make it an issue, but it won't amount to much.

Second, it's "lose," not "loose." One "O."

[gorgol]

Didn't McCain flip flop on this himself?? He dipped, and then he didn't want to dip?? and now he wants to "dip" again???..back into the pubic funds...AM I CORRECT?? Yes..I am. So, when McCain sees that he's losing in campaign money....he decides he wants to go with the Public Funds....Obama sees that he basically is getting "public" funds because he seems to have no large contributors...to buy him off. And he sees that the only reason McCain took so long to announce his "preference to public funding" is that he's GETTING LITTLE PRIVATE FUNDING...and this makes OBAMA a flip flopper?? OH I DONT THINK SO...

[bgregs]

Yeah, and to make matters worse, when he wanted to get out there weren't enough people on the board to accept his decision to opt out, and so technically he was still in the system, but he spent more money than he was allowed to!

[lincheryl]

And didn't McCain try to use the public campaign funds as collateral for a loan? Some of what he did is said to be illegal and hasn't been officially charged because of a vacancy in the agency that would do it.

[ReadyNow]

Yeah....your guy is a liar too.....take that!!!

This is the change we are waiting for? More LIARS who will do ANYTHING to WIN?

Is it really OK that the repubs lie too? I thought that was why we didn't like Bush? Oh, as long as he is a GOOD liar who promises not to LIE once elected we can overcome his LYING now...especially since everyone does it and it will help us win...

Pathetic

[savagetiger]

Pathetic. I agree.

Oh, I thought you were referencing yourself - sorry, I withdraw my previous statement.

[EllieDee]

Imagine if Hilary Clinton had done this! I mean, just imagine the names she would have been called -- why, Keith Olbermann would probably have had to do a special comment just on this! I just love it. The pure, messianic savior of America, the bold young leader who is sooooo different from all the rest, who isn't like Hillary Clinton in any way shape or form, who doesn't lie, doesn't do the politically advantageous thing if it is not moral...lied? OMG!!! He lied!!! And this just weeks after starting to wear an American flag lapel pin -- my personal favorite the combo American/Israeli pin he proudly displayed at the AIPAC conference! The American people are saps. Or rather, the American media are saps. Who'd have thunk such a pantheon of sophisticated analysts couldn't smell his coming. And there will be more -- Cosby-like attacks on black parents, more slimy moves to ensure his success. He's a pol, folks, he ain't taking us anywhere new -- just back to Chicago and the Daley mob...it's same old same old but with lots of pretense to difference. Me, I like my crooks honest. I am going to enjoy the squirming of the media and my friends who should know better as Barry reveals, in Springsteen's words, he's "...just like all the rest." So much for change.

[gorgol]

The biggest and most blatent mistake "your" savior made was to NOT read the intelligence report
offered by the Bush administration 'BEFORE" she voted to give Bush the powers to go to war...
Those SENATORS that did READ the report..voted NO.....THEN your SAVIOR AGAIN VOTED to give Bush power to ATTACK IRAN....good GRIEF...what does it take for you to see the truth...is your feminist agenda so strong...you're willing to overlook Hillarys HORRENDOUS acts of misjudgement?
I sure don't want ANYONE with her willingness to vote against her conscience...ANSWERING THE PHONE AT 3AM.

[EllieDee]

I never thought Hillary Clinton was a savior. I never had to wipe the drool off of my chin listening to her, my hand fluttering over my heart, breathless in anticipation of the pure philosopher king who was going to change everything. I always knew Hillary Clinton was a pol, down to the soles of her feet. And since I have a modicum of understanding of how macro politics works, I was glad for it. She is absolutely existentially honest, not pretending to be what she is not -- Barry Obama, not so much. He couldn't have voted against the Iraq war, he was too busy voting "present" in the Illinois legislature. The only major Democrat to have voted against the initiative was good old Ted Kennedy. Kerry voted for it (after voting against it? Huh? I voted for Kerry, BTW). Barry has only started to let you all down. Buckle up, it's going to be a bumpy ride. : )

[EinChicago]

And for all your comments gorgol, you ignore the reality that the Lord Obam-a (May his Kool aid be forever chilled), has never seen an Iraq war funding bill he didn't fully support. Or a timetable for withdrawal he didn't vote against.

[bgregs]

Dude, please don't try to insult the intelligence of those on the other side. I'd just gotten used to THEM not calling Obama such things, and I'm tired of it! She was NEVER anyone's "savior", any more than Obama is OUR "savior"!

[neetsie37]

Bravo Ellie. They won't admit that their icon is teetering on his pedestal .... and he's going to fall.
To those who say Obama has a heart of gold, boy are they right. Literally.
Maybe if you beg, Hillary will be there to pick up the pieces.

[enoughalready]

I think for the first time in many election cycles we have a Democrat candidate that is really smart. Obama is doing what is necessary to win this election and yes he is correct about the current system being broken. As for McCain, his outrage is really quite laughable since he has been in and out and in again on the public financing. If McCain had the where with all to raise more money he would not be in the public financing arena to begin with. We all know this. The GOP is a bunch of hot air when it comes to stuff like this.

McCain is more and more looking like the flip-flopper of all time! He's for every issue before he's against every issue. He simply can't be trusted and I find his maverick status to be long lost.