- Apr 1, 2011
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The Trump haters had a major hissy fit when he said he would be willing to listen to a foreigner with information about his campaign opponents. An FEC commissioner explains the law for these brain damaged morons:
It was a hypothetical question about getting information on a political opponent from a foreign national. Yet President Trump’s response sparked a furor—one that was long on accusations and short on the actual law governing federal campaigns.
Here’s the bottom line: a federal candidate who is freely given information is not receiving a “contribution” or “thing of value” and is thus not violating federal campaign finance law or the regulations issued by the Federal Election Commission (FEC). I know. I served as an FEC Commissioner.
If getting dirt on an opponent were a “thing of value,” then any adverse information concerning a candidate—even informed criticism of a rival’s policy proposals—would also have to be considered a “thing of value,” and both would have to listed as a financial “contribution” to a campaign. Such a broad interpretation of the law would be potentially unconstitutional and impractical to administer or enforce. Moreover, it is not a position that has been taken by the FEC.
Federal law (52 U.S.C. §30121) prohibits a foreign national from contributing or donating money or a “thing of value” to a federal, state, or local candidate or political committee. Foreigners are also banned from engaging in independent political expenditures. That means that the Chinese government, for example, can’t give money directly to a candidate, nor can it buy an ad in the New York Times telling Americans they should vote for or against a particular candidate.
Here’s the bottom line: a federal candidate who is freely given information is not receiving a “contribution” or “thing of value” and is thus not violating federal campaign finance law or the regulations issued by the Federal Election Commission (FEC). I know. I served as an FEC Commissioner.
If getting dirt on an opponent were a “thing of value,” then any adverse information concerning a candidate—even informed criticism of a rival’s policy proposals—would also have to be considered a “thing of value,” and both would have to listed as a financial “contribution” to a campaign. Such a broad interpretation of the law would be potentially unconstitutional and impractical to administer or enforce. Moreover, it is not a position that has been taken by the FEC.
Federal law (52 U.S.C. §30121) prohibits a foreign national from contributing or donating money or a “thing of value” to a federal, state, or local candidate or political committee. Foreigners are also banned from engaging in independent political expenditures. That means that the Chinese government, for example, can’t give money directly to a candidate, nor can it buy an ad in the New York Times telling Americans they should vote for or against a particular candidate.
