Tag: Trevor Potter

Elections: “Super PAC’s Upped the Ante”

Cross posted from The Stars Hollow Gazette

One of the people I am thankful for is Bill Moyers and his quiet, rational discussion of the problem that plague this country and the world on his PBS program Moyers & Company. In an interview with Trevor Potter, the former Federal Election Commission Chairman and  the lawyer behind the creation and functioning of Stephen Colbert‘s PAC, “Americans for a Better Tomorrow, Tomorrow”, they discuss how Citizens United has effected, not only this campaign, but campaigns in the very near future with the influx of undisclosed money to Super PACs from very wealthy donors who want only to protect their influence in Congress.

Trevor Potter on Big Money’s Election Effect

Former Federal Election Commission Chairman Trevor Potter – the lawyer who advised Stephen Colbert on setting up a super PAC – dissects the spending on the most expensive election in American history. Many voices are claiming “money didn’t matter, Citizens United wasn’t a factor,” but Potter disagrees.

“Super PACs just upped the ante,” he tells Bill. “If you’re a senator and you have just been elected, or heaven forbid you’re up in two years, you’re thinking I don’t have time to worry about deficit reduction and the fiscal cliff. I have to raise tens of thousands of dollars every day to have enough money to compete with these new super PACs… And that means I need to be nice to a lot of billionaires who often want something from me in order to find the funding for my campaign.”

The transcript can be read here

Campaign Finance Game: Stephen Goes Stealth

Cross posted from The Stars Hollow Gazette

Colbert Super PAC – Trevor Potter & Stephen’s Shell Corporation

Trevor Potter helps Stephen create his own shell corporation so that he can obtain secret donations for his Super PAC.

Stephen get schooled in how to game the campaign finance system by creating a 501(c)(4):

501(c)(4) organizations are generally civic leagues and other corporations operated exclusively for the promotion of social welfare, or local associations of employees with membership limited to a designated company or people in a particular municipality or neighborhood, and with net earnings devoted exclusively to charitable, educational, or recreational purposes. 501(c)(4) organizations may lobby for legislation, and unlike 501(c)(3) organizations they may also participate in political campaigns and elections, as long as campaigning is not the organization’s primary purpose. The tax exemption for 501(c)(4) organizations applies to most of their operations, but contributions may be subject to gift tax, and income spent on political activities – generally the advocacy of a particular candidate in an election – is taxable.

Contributions to 501(c)(4) organizations are not deductible as charitable contributions for the U.S. income tax. 501(c)(4) organizations are not required to disclose their donors publicly. This aspect of the law has led to extensive use of the 501(c)(4) provisions for organizations that are actively involved in lobbying, and has become controversial. In 2010, a bill (the DISCLOSE Act) was passed by the U.S. House of Representatives that addressed identification of donors to organizations involved in political advocacy, but the bill failed to pass in the Senate.

The entire transcript is below the fold but here is the punch line(s):

SC: Can I take this C-4’s money and then donate it to my Super PAC?

TP: You can.

SC: Well,wait. Super PAC’s are transparent.

TP: Right, right

SC: And the C-4 is secret

TP: Umhmmm

SC: So I can take secret donations of my C-4 and give it to my supposedly transparent Super PAC.

TP: And it’ll say given by your C-4

SC: What is the difference between that and money laundering?

TP: Hard to say.