This time from Mediamatters.org. After pointing out how the media gave Senator McCain a pss while pouncing on Senator Obama, Jamison Foster writes:
The Washington Post explained McCain's sleight-of-hand trick last February:
John McCain said he would take public financing for the Republican primaries. Then he used the promise of that public financing to help secure a loan for his campaign. Then, after he wrapped up the Republican nomination, he abruptly decided he did not want to be bound by the limits on campaign fundraising and spending that accompany public financing, so he announced that he had changed his mind.
But Federal Election Commission chairman David Mason sent McCain a letter saying that he cannot unilaterally opt out of the public financing system without FEC approval -- a letter the McCain campaign ignored. If McCain cannot opt out of the system unilaterally, he has broken the law by raising and spending funds in excess of legal limits, and continues to do so each day. Even if McCain isn't breaking the law, he has already broken his word and "reversed himself" on the question of whether he would take public funding for the primaries.
If he'd already spent $49 million by last February, how much you wanna bet he's been over the $54 million limit by now?
But McCain's attempts to build up his campaign coffers before a general election contest appeared to be threatened by the stern warning yesterday from Federal Election Commission Chairman David M. Mason, a Republican. Mason notified McCain that the commission had not granted his Feb. 6 request to withdraw from the presidential public financing system.
The implications of that could be dramatic. Last year, when McCain's campaign was starved for cash, he applied to join the financing system to gain access to millions of dollars in federal matching money. He was also permitted to use his FEC certification to bypass the time-consuming process of gathering signatures to get his name on the ballot in several states, including Ohio.
By signing up for matching money, McCain agreed to adhere to strict state-by-state spending limits and an overall limit on spending of $54 million for the primary season, which lasts until the party's nominating convention in September. The general election has a separate public financing arrangement.
But after McCain won a series of early contests and the campaign found its financial footing, his lawyer wrote to the FEC requesting to back out of the program -- which is permitted for candidates who have not yet received any federal money and who have not used the promise of federal funding as collateral for borrowing money.
Mason's letter raises two issues as the basis for his position. One is that the six-member commission lacks a quorum, with four vacancies because of a Senate deadlock over President Bush's nominees for the seats. Mason said the FEC would need to vote on McCain's request to leave the system, which is not possible without a quorum. Until that can happen, the candidate will have to remain within the system, he said.
The second issue is more complicated. It involves a $1 million loan McCain obtained from a Bethesda bank in January. The bank was worried about his ability to repay the loan if he exited the federal financing program and started to lose in the primary race. McCain promised the bank that, if that happened, he would reapply for matching money and offer those as collateral for the loan. While McCain's aides have argued that the campaign was careful to make sure that they technically complied with the rules, Mason indicated that the question needs further FEC review.
If the FEC refuses McCain's request to leave the system, his campaign could be bound by a potentially debilitating spending limit until he formally accepts his party's nomination. His campaign has already spent $49 million, federal reports show.
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.