United States v. Danielczyk Other Links

Danielczyk Judge Upholds Previous Decision

A week and a half ago, Judge Cacheris created quite a stir by holding a 100-year-old ban on corporate contributions unconstitutional.  It was later found that government lawyers failed to cite controlling precedent on the matter, FEC v. Beaumont, where the Supreme Court upheld the constitutionality of banning direct corporate campaign contributions.

Judge Cacheris decided to reexamine his decision, which leads us to the next chapter in this saga.  The Judge released a ruling today upholding his original decision, explaining:

…this court will not reinstate the dismissed counts first because Beaumont’s holding applies only to nonprofit advocacy corporations, meaning that it does not “directly control” this case for Agnostini purposes, and the second because Beaumont’s reasoning was supplanted by Citizens United.

Filed Under: Blog, Completed Case, Litigation Blog/Press Releases, United States v. Danielczyk Other Links

Litigating: Federal Government Edition

Will someone please visit Public Integrity to determine what alien life forms are drafting its briefs?

I am personally gobsmacked at what I have seem out of the Department of Justice’s Public Integrity section this last two weeks.  For starters, apparently their lawyers could write an entire brief on the law relating to corporate contributions to candidates and NOT CITE LEADING AUTHORITY ON THEIR SIDE.  This litigation, US v. Danielczyk,  involved businessmen who reimbursed employees with corporate funds for making contributions – which is a big no-no.  The corporate contributions aspect of the charges is but a fraction of the total case, so the prosecution would proceed even with the judge’s holding – that corporate contributions are protected under Citizens United – left undisturbed.

For casual readers of campaign finance lore, you should know that the Supreme Court heard and rejected a challenge to the corporate contribution ban brought by an ideological non-profit corporation, in a case called FEC v. Beaumont.  That is, the most sympathetic corporation imaginable asked the Court to find the contribution ban unconstitutional.  The Court said no.

Filed Under: Blog, Completed Case, Litigation Blog/Press Releases, United States v. Danielczyk Other Links

Tillman Act Lives For Another Day?

Fear not, defenders of “Pitchfork Ben” Tillman; the law against corporate, union, and associational contributions may (sadly) remain on the books for a while longer.

Filed Under: Blog, Completed Case, Litigation Blog/Press Releases, United States v. Danielczyk Other Links