February 21, 2008

Bob Bauer says Pro-Clinton 527 Will Face a Reckoning

The letter from Bob Bauer and subsequent conference call is fascinating. Bob apparently rejects the 527's reliance on the new FEC rules from WRTL. Though Bob as Obama's lawyer is presenting the case as open and shut, it is worth recalling the indeterminancy of those rules that Bob highlighted writing in his own capacity a few months ago:

    The arguments about issue advocacy will not peter out, of course, after WRTL or the experience with 527s in 2004. Groups, individuals, corporations and unions have the need or desire to speak to the campaign issues, or they will find in the campaigns just the opportunity they want to highlight an issue or introduce it to a national audience. And if they speak, they will do so in a regulatory environment thick with risk created by indeterminate "rules" All these speakers can be told is this: that they should avoid activity that we all know is regulated campaign activity, or accept the consequences.

Update: See this memo from Karen Getman for ALP defending this as issue advocacy under WRTL.

Posted by Rick Hasen at February 21, 2008 04:34 PM