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Dems Turning to the Courts Over McCain Spending

Monday, April 14, 2008 4:16 PM - By Kashmir Hill

john_mccain.jpgThe Democratic National Committee filed a lawsuit today against the Federal Election Commission. They want a federal judge to launch an investigation into Senator John McCain’s campaign spending.

The DNC had filed a complaint with the FEC in February, but it has not been acted on yet. Maybe because the FEC is down to just two commissioners, instead of the full six, due to the President and the Democratic Senate not being able to play nice and agree on new nominees. From the New York Times:

A lawsuit against the Federal Election Commission, to be filed Monday in U.S. District Court, questions the agency’s ability to enforce the law and review McCain’s decision to opt out of the system. The Republican presidential candidate, who had been entitled to $5.8 million in federal funds for the primary campaign, decided earlier this year to give up that money so he could avoid strict spending limits between now and the GOP’s national convention in September.

During a conference call with reporters Sunday, DNC officials said the FEC is unable to act because four of its six seats are vacant. They want a judge to either order the FEC to begin an immediate review, or allow the Democratic Party to file a lawsuit against McCain’s campaign challenging his decision.

The Republican Committee calls the suit nonsense, of course. The RNC spokesman says that the “trial-lawyer Democrats’ idea of campaigning for president is to hire lawyers and file frivolous lawsuits.” Why you gotta hate on trial lawyers, RNC?

Talking Points Memo goes into the history of McCain’s election spending here:

It is a serious issue. As the [Washington] Post reports, “Knowingly violating the spending limit is a criminal offense that could put McCain at risk of stiff fines and up to five years in prison.”

The fun of the general election begins. Which lucky federal judge will get stuck with this case?

Democrats: McCain Financing Questionable [New York Times via Daily Kos]
McCain’s FEC Problem [Talking Points Memo]

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Posted in: Election Law, John McCain, Politics

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