Ginsberg Helps Swiftliars Get Around Law. Isn't that Coordination w/Bush?

[bigtree]

With the Bush-Cheney campaign?

He's the Bush-Cheney campaign lawyer. If that isn't coordination by the Bush campaign with the Swiftliar's 527, than what is coordination?

Campaign Finance Law: Three-Part Coordination Test

http://www.fec.gov/pages/brochures/indexp.htm

FEC regulations establish a three-part test to determine whether a communication is coordinated. The Commission may determine that a communication is coordinated even where there is no agreement or formal collaboration between the person paying for the communication, and the candidate, campaign committee, party committee, or agents. 11 CFR 109.21(e). All three parts of the test must be met for a communication to be deemed coordinated, and thus not an independent expenditure:

· The communication is paid for by someone other than a candidate, his authorized committee, a political party committee, or agent of the above;

· The communication meets one of the “content standards” regarding the subject matter of the communication; and

· The communication meets one of the “conduct standards” regarding the interactions between the person paying for the communication and the candidate, authorized committee, or political party committee, or agents of the above.

11 CFR 109.21(a).

The Content Standard

A communication will satisfy this part of the test if it meets any one of these four standards regarding its content:

1. The communication is an “Electioneering Communication3;”

2. The communication is a public communication4 that republishes, disseminates or distributes campaign materials prepared by a candidate or a candidate’s campaign committee;

3. The communication is a public communication that contains express advocacy; or

4. The communication is a public communication that:

Refers to a political party or a clearly identified candidate;

Is publicly distributed or disseminated 120 days or fewer before an election; and

Is directed to voters in the jurisdiction of the clearly identified candidate or to voters in a jurisdiction where one or more candidates of the political party appear on the ballot.

11 CFR 109.21(c).

Conduct Standard

A communication will satisfy this part of the test if it meets any one of these five standards regarding the conduct of the person paying for the communication and the candidate, his committee, a political party committee, or agents of the above:

1. If the communication is created at the request or suggestion of the candidate, candidate’s committee, a party committee or agents of the above; or the communication is created, produced, or distributed at the suggestion of a person paying for the communication and the candidate, authorized committee, political party committee, or agent of any of the foregoing, assents to the suggestion. 11 CFR 109.21(d)(1).

2. If the candidate, his authorized committee or party committee is materially involved in decisions regarding the content, intended audience, means or mode of the communication, specific media outlet used, the timing or frequency, or size or prominence of a printed communication or duration of a communication by means of broadcast, cable or satellite. 11 CFR 109.21(d)(2).

3. If the communication is created, produced or distributed after one or more substantial discussions5 about the communication between the person and the candidate, his committee, his opponent or opponent’s committee, a political party committee, or agents of the above. 11 CFR 109.21(d)(3).

4. If the person paying for the communication employs a common vendor to create, produce or distribute the communication, and that vendor:

Has a previous or current relationship with the candidate or political party committee that puts the vendor in a position to acquire information about the campaign plans, projects, activities or needs of the candidate or political party committee;

The services were rendered during the current election cycle; and

The vendor uses or conveys information about the plans or needs of the candidate or political party, or information previously used by the vendor in serving the candidate or party, and that information is material to the creation, production or distribution of the communication.

11 CFR 109.21(d)(4).

5. A person who has previously been an employee or independent contractor of a candidate’s campaign committee or a political party committee during the current election cycle satisfies the conduct standard if he uses or conveys information about the plans or needs of the candidate or political party committee, or information used by the former employee in serving the candidate/party, to the person paying for the communication, and the information is material to the creation, production or distribution of the communication. 11 CFR 109.21(d)(5).

Safe Harbor

A candidate’s or political party committee’s response to an inquiry about that candidate’s or party’s positions on legislative or policy issues, which does not include discussion of campaign plans, projects, activities or needs, will not satisfy any of the conduct standards. 11 CFR 109.21(f).

http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov/cfr_2004/janqtr/11cfr109.21.htm

[wryter2000]

1. Teeny correction

He's the re-election (sic) campaign lawyer, not the White House lawyer. Still illegal.

[bigtree]

3. corrected

[geek tragedy]

2. He was helping them coordinate to avoid legal coordination, if that makes

any damn sense.

All protected by A/C privilege. Very tidy.