The foregoing provides substantial grounds to believe that the ad campaigns run by the Clinton Committee and its agents acting through the DNC and by the Dole Committee and its agents acting through the RNC constituted knowing and willful violations of the federal campaign finance laws.
The overall spending limit for the 1996 presidential primary campaign, which the Clinton Committee and the Dole Committee each agreed in writing to abide by in exchange for taxpayer funds, was $37.1 million. 2 U.S.C. 441a(b)(1)(A).
According to FEC reports, the Clinton Committee reported spending $34.1 million on its presidential primary campaign as of August 31, 1996. According to FEC reports, the Dole Committee reported spending $37.7 million on its presidential primary campaign as of August 31. (1) Thus, the Dole Committee reported that it was at its spending limit, while the Clinton Committee reported being within $3 million of the spending limit.
The Clinton Committee and its agents spent at least $34 million dollars on the ad campaign that the Committee and its agents ran through the DNC. This spending was not counted by the Clinton Committee against its spending limit and was not disclosed as Clinton Committee expenditures.
The Dole Committee and its agents spent at least $14 million on the ad campaign that the Committee and its agents ran through the RNC. This spending was not counted by the Dole Committee against its spending limit and was not disclosed as Dole Committee expenditures.
In each case, the Clinton Committee and the Dole Committee grossly exceeded the spending limit applicable to the presidential primary campaign.
An independent counsel is necessary to investigate whether the Clinton Committee and the Dole Committee, and their respective agents, knowingly and willfully violated the presidential primary election spending limit, in violation of 2 U.S.C. 437g(d)(1) and 26 U.S.C. 9042.
Federal law bars the use of corporate and labor union funds, and large individual contributions in excess of the federal limits, to directly support a presidential candidate. 2 U.S.C. 441b(a)(1)(2); 2. U.S.C. 441a(f).
The Clinton Committee and its agents used at least $22 million in "soft money" to finance the ad campaign the Committee and its agents ran through the DNC. The Dole Committee and its agents used at least $9 million in "soft money" to finance the ad campaign the Dole Committee and its agents ran through the RNC. These funds were used to directly support a presidential candidate.
An independent counsel is necessary to investigate whether the Clinton Committee and Dole Committee, and their respective agents, knowingly and willfully violated the ban on the use of "soft money" to directly support a presidential candidate, in violation of 2 U.S.C. 437g(d)(1).
Federal law requires that a presidential campaign disclose and itemize all of its receipts and expenditures in excess of $200. 2 U.S.C. 434.
The Clinton Committee and its agents spent at least $34 million on the ad campaign that the Committee and its agents ran through the DNC. The Dole Committee and its agents spent at least $14 million on the ad campaign that the Dole Committee and its agents ran through the RNC. The expenditures by the Clinton and Dole Committees for these ad campaigns were not disclosed by either Committee. The contributions used by the Clinton and Dole Committees to pay for these ad campaigns also were not disclosed by either Committee.
An independent counsel is necessary to investigate whether the Clinton Committee and the Dole Committee, and their respective agents, knowingly and willfully violated the disclosure requirements of the FECA, in violation of 2 U.S.C. 434 and 2 U.S.C. 437g(d)(1).
Common Cause believes that massive violations of this Nation's campaign finance laws have occurred in the 1996 presidential election. The issues raised here are of fundamental importance to the integrity of our democracy, of our political system and of the office of the presidency.
Under sections 591(b) and 59l(c) of the Independent Counsel Act, you are required to open a preliminary investigation leading to the appointment of an independent counsel to investigate these matters and to determine whether the Clinton Committee, the Dole Committee, the Democratic National Committee and the Republican National Committee, and their respective agents, have engaged in knowing and willful violations of the Federal Election Campaign Act and the Presidential Primary Matching Payment Account Act.
Common Cause strongly urges you to take the steps necessary to seek the appointment of an independent counsel under the Independent Counsel Act in order to investigate these fundamentally important matters.
Sincerely,
Ann McBride, President
Counsel:
Fred Wertheimer, Esq.
Donald J. Simon, Esq. Executive Vice President and Counsel Common Cause.
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