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national politics & policies partisanship

Hypocrisy’s Cash Value

“If these corrupt Democrats didn’t have HYPOCRISY,” the Republican National Committee explained, “they’d have NOTHING!”

After months of Biden surrogates savaging former President Donald Trump for the dastardly deed of using campaign monies to cover his mounting legal fees from the plethora of trumped-​up indictments brought by partisan Democratic prosecutors, it turns out the Democrats have been doing the same thing.

The BBC noted: “Democratic donors paid at least $1.7m (£1.35m) of U.S. President Joe Biden’s legal fees during the investigation into his handling of classified documents, records show.”

“We are not spending money on legal bills or hawking gold sneakers,” Rufus Gifford, finance chair of the Biden campaign, told MSNBC only days before the news broke.

Highly questionable that Biden could sell anyone a sneaker, but the other claim was a provable lie.

“The use of party funds to cover Biden’s legal bills is not without precedent and falls within the bounds of campaign finance law,” the Associated Press article quickly informed, before adding that it “could cloud Biden’s ability to continue to hammer former President Donald Trump over his far more extensive use of donor funds to cover his legal bills.”

How unfortunate! The hypocrisy could ruin the piling on by Democrats.

“Democrats say the cases are nothing alike,” The Washington Post reported.

“There is no comparison,” offered a Democratic National Committee spokesman. “The DNC does not spend a single penny of grass-​roots donors’ money on legal bills, unlike Donald Trump, who actively solicits legal fees from his supporters …”

Let’s get this straight: the difference is that Trump is upfront in asking his middle-​class supporters for help, while Biden’s money came surreptitiously from wealthy Democrats?

This must be the proverbial dime’s worth of difference between the parties.

This is Common Sense. I’m Paul Jacob.


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Categories
crime and punishment election law privacy

Donors Don’t Donate Their Privacy

Alabama recently passed a law to prohibit public agencies from disclosing information “that identifies a person as a member, supporter, or donor of a 501© nonprofit organization … except as required by law.”

SB59 is comprehensive, stating that “notwithstanding any provision of law to the contrary,” no public agency may compel disclosure of such information or itself publicly release such information. 

The initial delimitation “except as required by law” seems ambiguous. But SB59 goes on to specify that exceptions would pertain to things like the requirements of a “lawful warrant” or a “lawful request for discovery of personal information in litigation.”

Passage is a big deal because, until now, agencies in the state had been permitted to collect and disclose such information.

Many nonprofits are political or ideological in character, promoting causes that are controversial. When this is so, who especially appreciates unfettered access to donors’ names and addresses? Obviously, opponents of the cause who would like to target donors with propaganda or even actively harass them.

On the national level, recognition of the problem is represented by the U.S. Supreme Court’s 2021 ruling in Americans for Prosperity Foundation v. Bonta. The court threw out a California requirement that nonprofits in the state had to divulge the names and addresses of their biggest donors to the attorney general. The Foundation plausibly argued that the requirement would deter people from contributing.

Several other states have also enacted SB59-​style legislation. The number we need is 50.

This is Common Sense. I’m Paul Jacob.


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Categories
First Amendment rights judiciary national politics & policies

Limiting the Little Guy

Last week’s U.S. Supreme Court decision in McCutcheon v. Federal Election Commission correctly struck down limits on the total amount of money a person can contribute to all federal candidates and to political parties and PACs in a two-​year election cycle.

After all, what part of “Congress shall make no law” provides the specific authority for Congress to limit what a person may give to a political party?  Or the number of candidates one may support?

But in his dissent, Justice Stephen Breyer argued that, “Where enough money calls the tune, the general public will not be heard.”

“No matter what five Supreme Court justices say,” announced Public Citizen, “the First Amendment was never intended to provide a giant megaphone for the wealthiest to use to shout down the rest of us.”

I want the public to be heard, not shouted down.

Which is why it is not Breyer, but Justice Clarence Thomas who is right: this ruling didn’t go far enough. While justly removing the limits on the aggregate amount a wealthy person can contribute, the Court upheld the limit of $2,600 on what you or I can give to a single candidate.

The super-​wealthy can spend millions in an independent expenditure for their preferred candidate. Fine. It’s their money. Yet, a person of more modest means doesn’t have the dough to launch an effective independent effort.

Instead, if you felt strongly enough, you could dip into savings or work a second job to afford to give, say, $3,000 or $4,000. Except that our campaign finance laws prevent it. This is the limit that affects the most people. Non-​rich people.

Stop limiting the little guy.

This is Common Sense. I’m Paul Jacob.