There are legal and factual questions which should be resolved, but a one thing is clear: McCain did receive benefits from participating in the Matching Funds Program.
If you think I'm lying, you can review the 27 pages of Loan documents at
http://www.fec.gov/press/press2008/20080220c1image.pdf, or you can review the DNC Lawsuit allegations at
http://democrats.org/page/-/pdf/20070414_DNCComplaint.pdf.
The DNC lawsuit has arguments and factual allegations. The relevant portions of the loan docs are set out starting with paragraph 44 (bottom, page 13). Take the legal arguments for what they are worth, but the facts alleged match the loan documents.
Had McCain pledged his matching funds as loan security, he would no doubt be committing a felony with his current campaign spending. However, Mr. Straight Talk tried to do an end run around around clear legal requirements with provisions that effectively provided as follows: "I'm not granting a security interest today (wink, wink), but if my campaign tanks and donations dry up, I'll reapply for matching funds, campaign until I get them, grant you a first priority security interest in those funds, and use them to pay you back."
In the meantime, however, the Loan Documents gave the Bank control over McCain's matching funds by requiring Bank consent before he spent or encumbered them (Paragraph 47) and requiring compliance with the rules of the matching funds program to preserve his right to receive those funds (Paragraph 48). That is the very essence of a security agreement - setting aside collateral, preserving it and tying it up so that it remains available to satisfy repayment of a loan.
Even if it's not "security" as provided by federal law, though, the funds were used as an
inducement for the loan. That is an unmistakeable benefit to McCain.
In addition, several states have ballot access requirements (fee payments, signature collection requirements, etc.) that are reduced or excused if the candidate participates in the matching funds program. THE DNC alleges that McCain used his eligibility certification to avail himself of those relaxed access benefits.
So the facts reveal two things: 1) McCain got two clear benefits from participating in the program; and 2) anyone who still believes the McCain "Straight Talk" Myth should seek the help of others before conducting any personal business.