Talk Radio News Service: News, Politics, Media

Intro by Karen Finney

Howard Dean, DNC Chairman
Joe Sandler, DNC General Counsel

FEC complaint to be filed tomorrow

Dean:
Tomorrow DNC will be filing complaint with FEC asking for investigation into McCain campaign. He cannot unilaterally withdraw from spending commitment.

He can't get out of matching funds agreement after using promise as collateral on loan. He has "material gain" from his fund.

When Dean got out of the program, he had an FEC vote to get out, and also he spent money to get on ballots, while McCain has gotten free ballot access as part of program.

Joe Sandler:
In letter this week, FEC commissioner said that McCain can't back out after he's written a letter to FEC saying he wanted to be in the program, and the FEC has taken a vote on McCain's eligibility. That was not the case with Dean and with Kerry, who pulled out before being certified by the FEC as being eligible. McCain is in the same situation as Gephardt was in 2003, and then the FEC said he couldn't get out without FEC consent.

And even if the FEC had a quorum and could vote, McCain can't get out after having used his participation in the program as collateral for a loan.

So McCain still subject to limitations, including spending limit. Based on how much spending he reported as of end of January, he has likely already violated, or is about to violate, that spending limit.

Dean:
So three violations: 1. Material benefit in free ballot access. 2. Material benefit in using as loan collateral. 3. (likely) spending limit violation.
McCain is not a reformer; he passes changes to benefit himself.

Question:
What kind of sanctions are you looking for? How can the commission act without a quorum?

Sandler:
They can begin to process the complaint without quorum. We hope there are no sanctions imposed, because we hope McCain will comply with the law. If he doesn't, potentially civil and criminal penalties.

Question:
Have you approached watchdog groups to ask them to join in complaint?

Dean:
Don't think so.

Sandler:
Those groups are non-partisan, so they wouldn't join a party in a complaint. They might call on McCain to follow the rules, though.

Question:
Dean's opinion on 527 groups active on Clinton and Obama sides?

Dean:
I haven't followed that.

Question:
Any chance of reaching out to RNC to together speak out against 527s?

Dean:
"I'm going to worry about the 527s at another time."
On McCain, "this is a major violation." This is "so Washington."

Question:
Said you want him to obey the law, but how can he go back in time and never apply for federal funding? So he can't spend another penny until he gets the nomination in September?

Dean:
I don't understand how someone with McCain's reputation can do this kind of thing. He says one thing and does another. "We want John McCain to obey the law with his own name on it."