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Wednesday, May 07, 2008
Assumption of Campaign Debt
Last night some of the MSNBC commentators were bandying around the possibility of an Obama-Clinton deal in which Clinton withdraws from the election in exchange for Obama's campaign assuming her campaign debt, among other consideration.
I find myself uncomfortable at the thought of a political bargain based upon the assumption of campaign debt. It feels like bribery to me, particularly because a substantial amount of Clinton's campaign debt is owed to Clinton personally (Mitt Romney should have only been so lucky). Is this any different than if Obama offered Clinton personally $10MM cash in unmarked, nonconsecutively numbered twenties to withdraw?
Yet I don't have the same reaction to a deal in which Clinton withdrew from the race in exchange for the vice-presidential nomination or a cabinet position. Should the fact that consideration is monetary matter? What is it that doesn't sit right about this? Is it that money is crass and office is not?
Assumption of debt as a political bargain goes back to the very beginnings of the United States--the national capital was situated in a southern site, rather than in NYC or Philadelphia in exchange for federal government assumption of state debts, a Hamiltonian bargain that immediately invested people across the states with an interest in the success of the federal enterprise. So maybe I shouldn't get worked up over this.
Yet perhaps this all points to a fine line--politics is about bargains, but some bargains are OK (I'll support your bill if you support mine OR I'll support your bill for a cabinet level appointment down the road OR I'll support your bill if you vote for my circuit court nominee), while other bargains are verboten (I'll support your bill if you pay me $100K or pay for your lawn to be mowed for a year). Others are more borderline (I'll support your bill if you: appoint my wife to an important position or get my son admission at the Naval Academy or mow my lawn for a year yourself or get a greencard for my cousin).
One distinction here might be that bargains involving likes for likes are OK (political favor for political favor), while bargains involving dissimilar consideration are not (political favor for personal favor). Another twist on this might be that bargains between politicians are given more leeway versus bargains between politicians and non-politicians, in part because only it is easier for politicians to swap political favors with each other than it is for politicians to swap with non-politicians.
I'm curious to hear if I'm the only one so bothered by an assumption of Clinton campaign debt as part of a deal (I would be less bothered, I admit, if she were not a creditor of her own campaign--I sure hope her contributions are subordinated to others'). Would this be any different if Clinton and Obama were not sitting senators, but private citizens? Or does mere candidacy push one into the a quasi-elected role? I'm also curious for thoughts on how (if at all), we might distinguish between bribery and political bargains.
Posted by Adam Levitin on May 7, 2008 at 02:17 PM in Constitutional thoughts | Permalink
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Comments
My thought was that those who gave to the Obama campaign would be particularly upset knowing their money went to pay for the Clinton campaign even if it were done to get her out.
Posted by: Jim Green | May 7, 2008 2:27:37 PM
2:27pm- if they feel that way, they are very short-cited. They gave their money to Obama in order to help Obama win. Obviously, buying Hillary out of the election helps Obama win, and thus the money is being used for its intended purpose, (albeit through a different route than may have been expected by the donor).
Posted by: KEW | May 7, 2008 7:24:53 PM
Its not really an issue.
"The senator from New York began the month of April with close to $32 million cash on hand, according to the most recent campaign reports filed with the Federal Election Commission. But only $9 million of that total could be spent during the primary season."
http://www.cnn.com/2008/POLITICS/05/07/political.analysis/index.html?iref=mpstoryview
Clinton has a small number of generally affluent contributors who have given the max of $4600. Clinton only is able to use $2300 of that in the primary, but the moment she folds her tent, she will be able to use all of that general election money to pay her debts. (Note, this loophole should be closed in terms of self-loans.) If the story above is accurate, she has approximately $10 million in debt, plus she has loaned her campaign $6.4 million plus I believe an additional $5 million earlier. So she has over $23 million of general campaign funds and $21.4 in liabilities. Happy ending for everyone except the high rollers.
Posted by: Bart | May 7, 2008 7:46:10 PM
I'm not particularly bothered by it, since it probably is not an offer that would be very decisive to Clinton. After all, she can (I assume) use her Senate account to retire the debt. She's still the senator from New York when this is all over and she'll be able to raise enough to cover any debt, regardless of Obama's help. Admittedly, my recollection of campaign finance law is a little hazy or, worse, faulty.
Posted by: Lee Harris | May 8, 2008 10:59:00 AM
Actually, it turns out that Lee and I are both wrong. According to a Bloomberg story, Clinton can ask her donors to redesignate their general election contributions to her Senate re-election campaign. That money can be used to repay vendors but can no longer, as of a 2002 law, pay back personal loans in excess of $250, 000. So, earlier me, the loophole was closed.
http://www.bloomberg.com/apps/news?pid=washingtonstory&sid=as5a58KS7ky8
David Kurtz of Talkingpointsmemo.com points out that without her $11 million loan, which was basically the product of Bill's speaking engagements, which is to say a consquence of his Presidency, she would have had to fold her tent much earlier. Worth thinking about.
Posted by: Bart | May 13, 2008 10:15:12 AM
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