Any chance this FEC investigation could gag John O'Neill?

[Sparkly]

Is it the kind of investigation that "can't be talked about" in public?

Also, anybody know the rules on Freedom of Information Act and whether phone records, emails, etc. could be required to be handed over?

[Sparkly]

1. kickin' it in hopes somebody knows

Anybody?

[President Jesus]

2. at this point, it really doesn't matter

I don't think the ad is even necessary anymore (from their standpoint) due to the crazy amount of free media attention this guy is getting.

[Sparkly]

3. I meant on talk shows and such... The complaint is going to give him

yet more facetime on TV, I'll bet, unless (I hope I hope I hope) there's some legal reason he couldn't discuss the complaint or investigation. Wouldn't that be nice?!

[aint_no_life_nowhere]

4. FEC investigations are required to be confidential

They are required to keep the identities confidential of those individuals they investigate and interrogate. The FEC has subpoena power under the United States Code (U.S.C.) to acquire both documentary and testimonial evidence.

During the course of its investigation, the FEC is empowered to (1) order any person to submit written reports and answer questions, and (2) subpoena witnesses to testify or to produce documentary evidence, according to 2 U.S.C. § 437d(a)(1), (3). Although the FEC has no power to enforce such orders and subpoenas, it may petition the district court for judicial enforcement under 2 U.S.C. § 437d(b).

Following its investigation, the Commission may vote to determine if there is probable cause to believe that the person has committed a FECA violation pursuant to 2 U.S.C. § 437g(a)(4)(A)(i). If the Commission finds probable cause, it must attempt to correct or prevent such violation by informal methods of conference, conciliation, and persuasion. If the FEC's attempt at conciliation is unsuccessful, the Commission is authorized to enforce the FECA through a civil suit brought in district court under 2 U.S.C. § 437g(a)(6)(A).

[blondeatlast]

5. You should post this as an individual thread; and I will happily

nominate it for the Home page.

[Sparkly]

6. Is the complaint against a "person" or the "campaign?"

And does the Kerry camp have to specify exact accusations for the FEC to investigate, or can the FEC dig around beyond and outside of whatever the Kerry camp accuses?

And do I understand that O'Neill would still be free to blather on six talkshows a day?

Thanks! :)

[aint_no_life_nowhere]

7. O'Neill of course still has freedom of speech

and political speech is probably the most highly protected speech of all. O'Neill is always free to go out on his own, on a talk show or on any street corner and say what he wants if no money is spent to publicize his opinion. But if money is being spent to allow him to do that, then there is a problem under campaign finance rules depending on the source of the money and whether the official Bush campaign is involved. The issue as I understand it is not O'Neill's speech nor whether what he is saying is true or not. The issue is about spending. It's about the funding of advertisements. A 527 committee political ad, if I understand it correctly, must be entirely and completely "INDEPENDENT" from the candidate and the candidate's campaign. I dealt with this issue while I worked on the Wesley Clark campaign and questions about independent expenditures arose. I don't recall the exact language, but the expenditure and the ad for which it is made must not be made with the coordination, solicitation, or consultation with the official campaign. Phone logs, witness testimony, etc. must go into detail as to how these ads came about and whether there was any assistance, consultation with, or any communication between the originators and sponsors of the Swift Boat ads and any official in the Bush campaign.

Here are the requirements for filing an FEC complaint, which must be based on probable cause:

"...A complaint must comply with certain requirements. It must:

* Provide the full name and address of the person filing the complaint (called the complainant); and
* Be signed, sworn to and notarized. This means that the notary public's certificate must say "...signed and sworn to before me..."

Furthermore, in order for a complaint to be considered complete and proper, it should:

* Clearly recite the facts that show specific violations under the Commission's jurisdiction (citations to the law and regulations are not necessary);
* Clearly identify each person, committee or group that is alleged to have committed a violation (called the respondent);
* Include any documentation supporting the allegations, if available; and
* Differentiate between statements based on the complainant's (the person who files the complaint) personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information..."
http://www.fec.gov/pages/brochures/complain.htm