Is Fred Thompson Skirting Election Law?
EmailA liberal activist today lodged a complaint (LINK HERE) with the Federal Election Commission against former Sen. Fred Thompson, R-Tenn., contending that Thompson’s "testing the waters" committee has long since surpassed that designation and that he, for all intents and purposes, is a candidate for president. This is not without precedent. Previous pre-candidates who tried the "testing the waters" committee — including Sen. Ted Kennedy, D-Mass., Rev. Pat Robertson, and Rev. Al Sharpton — invited FEC scrutiny. The rule is pretty simple. If you spend more than $5,000 on campaign activities, you’re a candidate, whether or not you’ve officially declared. The question is what constitutes "testing the waters" activity, and what constitutes "candidate" activity. In 2004 the conservative National and Legal Policy Center filed a complaint with the FEC (LINK HERE) alleging Sharpton was using the "testing the waters" committee to run an "off-the-books campaign," not declaring his candidacy officially while clearly a candidate, thus avoiding disclosure rules. The FEC investigated the matter, and arrived at a settlement with Sharpton. The FEC ruled that Robertson had violated the "testing the waters" rules in 1988, fining him $25,000.
The campaigns of some of Thompson’s potential GOP rivals have groused — off the record — that Thompson is similarly skirting the law.
Thompson was in Iowa over the weekend. Check him out HERE.
Thompson himself has been clear in interviews to NOT declare himself a candidate, telling CNN on August 17, "We are going to be getting in if we get in, and of course, we are in the testing the waters phase."
But how much is this once-staunch advocate of campaign finance reform truly "testing the waters"? In June Thompson signed a long-term lease on a Nashville location for his national campaign headquarters. He’s been to Iowa and New Hampshire, and headlined GOP dinners.
Moreover, when Thompson filed his disclosure form with the IRS, he revealed that $72,000 of the $3.4 million raised is to be used for the general election. Former FEC General Counsel, Larry Noble told the Washington Post "I think it’s problematic. Clearly it’s a red flag." (LINK HERE)
The real issue here, for campaign finance reformer types?
Disclosure.
If Thompson waits until September 6 to formally declare his candidacy, he wouldn’t have to disclose any of the cash given to his campaign until January 31 — after many major contests are over, including the Iowa and Nevada Caucuses, and the New Hampshire, South Carolina, Michigan and Florida primaries.
Thompson’s campaign says that he’s complying with all rules and regulations, and Thompson has cast all questions about this in terms of him not doing things the way Washington, DC, insiders want them to be done.
What do you think?
– jpt
White House Blinks Amid Catholic Church Anger? 
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Posted by: jp | August 20, 2007, 1:36 pm 1:36 pm
We had a similar issue with the beginning of the mayoral contest here, as Michael Nutter waited and waited to declare, because he had to resign his Council seat as soon as he announced he was running, but if I remember, he had been already acting like a candidate.
Whether in sports, politics, or life, it seems that it is human nature to skirt around and bend the rules as much as you can get away with.
Posted by: phillygirl64 | August 20, 2007, 1:40 pm 1:40 pm
Reading this blog entry, I get the idea it’s a foregone conclusion that he will actually run. Is it? I have my doubts, but maybe that’s just wishful thinking on my part.
Posted by: cordelia525 | August 20, 2007, 2:58 pm 2:58 pm
Exactly how much farther does Mr. Thompson have to go to “test the waters?” The way he’s been parading around Iowa the past couple of days leads me to believe he’s not only “tested the waters,” but found them more than acceptable and has jumped in, head first!
Posted by: chuck | August 20, 2007, 3:45 pm 3:45 pm
You all should read the Sharpton link, and decide if that self-promoting, self-loving scoff-law’s activities bear any resemblance to Sen. Thompson’s. I cannot imagine that avoiding disclosure until Jan. 31st would be any advantage to him. If there are bombshells in his financial report, he would be better off to report them early and ride out the bad publicity. It seems like he is really testing the waters, and wants to be the late-arriving GOP savior. My problem with that is that voters see such a guy as conceited. He should run–run for the White House or run on home.
Posted by: SteveW | August 20, 2007, 4:43 pm 4:43 pm
Fred Thompson was on Hannity & Colmes several months back ans Sean Hannity point blank asked him if he had made a decision yet. Thompsons answer was that yes, he had made a decision, but wasnt going to tell anyone yet.
If he knew back then if he was running or not, what waters is he testing months later?
I am sure there is video on and transcripts available.
Posted by: FRaud Thompson | August 20, 2007, 5:15 pm 5:15 pm
Thompson has been testing the waters so long no wonder he’s all prune-y.
Posted by: Richard | August 20, 2007, 5:16 pm 5:16 pm
From Hannity & Colmes 7/10/07
Hannity: “Have you made your decision about whether you will run?”
Fred: “Yes. I have made my decision….but that doesn’t mean I’m gonna tell ya what that decision IS…”
Posted by: FRaud Thompson | August 20, 2007, 5:24 pm 5:24 pm
Hey!…you all better not be drinkin’ that there water! Try the kool-aid instead.
Posted by: Mitch | August 20, 2007, 5:28 pm 5:28 pm
What’s important is the issues. Thompson, last Friday, came out against a ban on gay marriage. That will likely cost him the nomination, because I can’t see Christians voting for someone who is against the amendment banning gay marriage, not when thet can vote for Romney or Huckabee who are strongly for it.
Thompson doesn’t seem to be a social conservative, which is what many social conservatives have been thinking he is. Rather he seems to be a kind of libertarian — not all that different from Ron Paul. He seems more like Goldwater than he is like any of the other Republican nominees since WW2.
People make comparisons with Thompson and Ike (mainly because he’s bald and acts in a casual manner) and with Reagan (because he’s an actor and is amiable), but politically and philosohically he seems to be libertarian like Goldwater.
Posted by: Bill Rocker | August 20, 2007, 7:38 pm 7:38 pm
Fred Thompson is cheating us and the FEC. He needs to either stop taking donations or throw his hat in, not like anyone would vote for that fake conservative.
Posted by: Libertine | August 20, 2007, 7:43 pm 7:43 pm
Fred may be just hanging around gathering some more campaign funds to give his sons consulting company like he did the bulk of the $378,000 he took when he left the senate. You know, the, Daniel Thompson Consulting firm, with no address, no phone and no employees. Oh, forgot his son no longer runs that company, he’s now a fund raiser.
Posted by: gc | August 20, 2007, 7:43 pm 7:43 pm
I think that it’s perfectly clear that Thompson is going to hold out until Sept 6 (barring FEC action) so that he can continue to hide his finances until the end of January.
Probably a good strategy, the fact that it’s illegal, and unethical won’t stop Thompson, such niceties have never held him back in the past.
Bob Higgins
Worldwide Sawdust
Posted by: Bob Higgins | August 20, 2007, 7:59 pm 7:59 pm
Thompson drowning
It was only a matter of time before somebody did this. Fred Grandpa Thompson has been having his cake and eating it too for too long now. Hes been testing the waters for so long now that he should be able to personall…
Posted by: esoterically.net/weblog | August 20, 2007, 8:23 pm 8:23 pm
I’m holding out for the Sharpton-Tancredo ticket. Unity ’08! Bipartisanship!
Posted by: Jim H | August 20, 2007, 9:02 pm 9:02 pm
Giuliani began his “testing the waters” “exploratory” phase Nov 2006 and announced his candidacy Feb. 2007. Fred Thompson began his “testing the waters” phase June 2007 and most likely will announce first week in Sept. It seems Giuliani’s exploratory phase and Fred’s are approximately the same amount of time. As far as his timing for his announcement, Law and Order reruns on NBC with Fred Thompson in them will discontinue at the end of August. Additionally, he has filed a financial statement of what he has received in the month of June via the IRS so this statement Mr. Higgins is inaccurate “I think that it’s perfectly clear that Thompson is going to hold out until Sept 6 (barring FEC action) so that he can continue to hide his finances until the end of January.” People get your facts correct. Do your research. Don’t go through life making decisions and expressing opinions based on information that has been spoon fed you via a media biased headline.
Posted by: Robyn | August 20, 2007, 10:56 pm 10:56 pm
It may be important to note that Fred Thompson went to Iowa AFTER the recent beauty contest, which would be appropriate for a testing the waters visit, as opposed to before the contest which would be appropriate for a campaign/candidate.
I think I will hold out a little longer before I send in my campaign donation. Wouldn’t do to send it to someone who doesn’t have the right kind of fire in his belly.
Posted by: Don Meaker | August 20, 2007, 11:30 pm 11:30 pm
Why is a candidate’s views on constitutional amendments relevant? They can neither propose nor veto amendments; that is strictly the role of Congress (or alternative representative body) and the state governments (or alternate state delegations).
The Reps can talk a good game on amendments, but they can say whatever they want because it’s out of their hands.
Posted by: Jonathan | August 21, 2007, 1:42 am 1:42 am
Hey Fred!
The water being tested is poison and has turned to mud.
Jump on in.
It should be just about right for you by now.
But remember to wear you ear and nose plugs.
And don’t forget your snorkle.
Posted by: TUBLEWEED STEVE | August 21, 2007, 5:31 am 5:31 am
FEC Complaint Filed Against Fred Thompson
Yesterday, partisan political activist Lane Hudson filed an FEC omplaint against almost-presidential-candidate Fred Thompson. You may remember Hudson’s name, from last year, when he helped expose former family-values-Republican Congressman Mark Foley’s…
Posted by: Buck Naked Politics | August 21, 2007, 7:00 am 7:00 am
Try thinking before writing. You suggest that if Fred waited to announce September 6th then legally he wouldn’t have to file until January 31st. But think about it. Would that be a politically smart thing to do? No, it would be incredibly dumb. He HAS to file October 31st (15th?) like everyone else or the bad publicity would kill his campaign. Also, if he raises a lot of money in that quarter, he would WANT to trumpet that fact.
Posted by: FredP | August 21, 2007, 8:48 am 8:48 am
Comparing Thompson to Goldwater? You have to be kidding….. The neo-cons are waiting for some one they can manipulate. Thompson is using their tactics to bend the rules. Witness our current resident and the manipulation all around him. Enough is enough. The “strident” image is one that this country sould no longer tolerate.
Posted by: Robt | August 21, 2007, 10:10 am 10:10 am
A Republican “skirting the law” No way!!!
Posted by: Jeff | August 21, 2007, 12:25 pm 12:25 pm
Oddly, left didnt object to length of Kerrys presidential exploratory committee
Lane Hudson, liberal blogger,a former Democratic staffer, and the face behind the Foley scandalLane is busy yet again, filing an FEC complaint against the Thompson campaign, contending that Thompsons testing the waters commi…
Posted by: Right Voices | August 21, 2007, 12:49 pm 12:49 pm
Indecision, unable to take risks… those are the things I hear. That is not what I want in my president. Step away, Fred… NEXT!
Posted by: DaveM | August 21, 2007, 12:58 pm 12:58 pm
First of all who sets the rules when someone should declare? This whole campigning for President is earlier then ever in history. OK Howcome Barack could test the waters since 1992, Hillary since she was 19 years old John Edwards since 2002 So come on!! This is just another attack from the Libs who break all the laws they can against the next President of the US, I respect any candidate that is not in the race at this time.
Bill Rocker – He is a True conservative, see he wants to leave it to the states to decide, Smaller Federal Goverment.
Bob Higgins and GC – Are you libs afraid of a true American that you will spew lies and propaganda, I do not see you complaining about Hilary taking donations from the PLO and China and North Korea.
Posted by: spock | August 21, 2007, 4:28 pm 4:28 pm
All these questions and assumptions I see here are made by people who aren’t looking for very easily found answers. In the time it took you to step on your own lower lip here you could have known better.
Fredipedia, search it and stumblebum no more.
Posted by: Winghunter | August 22, 2007, 5:42 am 5:42 am
One more of the same. Another money grabbing crock
Posted by: Al | August 30, 2007, 4:49 pm 4:49 pm
Ronald Reagan’s Legacy
Posted by: Ronald Reagan's Legacy | September 2, 2007, 7:06 am 7:06 am
FRED THOMPSON FOR PRESIDENT!
Posted by: Lynn | September 6, 2007, 11:46 am 11:46 am
I believe that he did take way to long to announce that he was going to be a candidate for the presidential election. If he wasn’t sure that he wanted to be President or not he shouldn’t be a candidate at all.
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