[Rushtalk] Screw the orthodox as they have screwed us

Carl Spitzer lynux at keepandbeararms.com
Wed Jan 20 14:10:16 MST 2016


Kind of a interesting read,,,,,, food for thought,,,,,

Trump's mix of business, politics makes for unorthodox bid 

Dec. 20, 2015 3:00 AM EST 

1 photo 
      * Donald Trump
In this Dec. 16, 2015, photo, Republican presidential candidate Donald
Trump speaks at a campaign... Read more

WASHINGTON (AP) — It can be hard to see where Donald Trump the business
ends and Donald Trump the presidential candidate begins.

When Trump is confronted by his political rivals, the Republican
front-runner's company attorney threatens lawsuits on corporate

When Trump's campaign needs event space, private businesses sometimes
provide it free.

The political novice's use of corporate resources — his own and others —
is just one more campaign tool. But it has drawn the attention of
federal regulators, as well as campaign-law experts who say some of what
he's doing could be illegal.

"The entanglements with his business and his campaign are certainly
unusual, and maybe unprecedented," said Kenneth Gross, a lawyer who
previously led the Federal Election Commission's enforcement division.
"Use of a candidate's own corporate resources is highly, highly
regulated activity."

At the FEC's demand, Trump's campaign on Thursday provided regulators
with the names of employees at his real estate and entertainment company
who are doing work for his campaign — mostly security and communications

Trump's personal brand is fused with his business, making his campaign's
navigation of election law a particular challenge. He's not the first
candidate in this position. Former New York Mayor Michael Bloomberg and
past presidential contender Steve Forbes both run companies bearing
their name.

"From day one, there was no use of any corporate assets in any way,
shape or form," said Bill Dal Col, who ran Forbes' unsuccessful 1996 and
2000 White House campaigns. "That way you don't have to walk the maze of
campaign law, and you don't expose business or campaign to any

Bloomberg also took "enormous care" not to commingle his business and
campaign, said Gross, who was his campaign attorney.

Trump is taking a different path, testing an area of election law as no
other candidate has before.

Reports filed by Trump's campaign covering its activities through Sept.
30 show hundreds of thousands of dollars in payments to cover
reimbursements for campaign space at Trump's Manhattan office tower,
political use of the corporate jet and the salaries of Trump
Organization employees.

Trump himself appears to be personally paying for the jet and salaries,
and candidates are allowed to spend as much of their own money seeking
election as they wish.

But none of the Trump Organization lawyers, including general counsel
Alan Garten, is being paid through the campaign. Garten has sent angry
letters when a rival candidate or group attacks Trump.

This month, Mike Fernandez, a billionaire Miami donor backing Jeb Bush's
White House bid, called Trump "a destroyer" in newspaper ads.

Garten warned him and the treasurer of an unrelated pro-Bush group that
if the "ads contain any false, misleading, defamatory, inaccurate or
otherwise tortious statements or representations concerning Mr. Trump,
his business or his brand, we will not hesitate to seek immediate legal
action to prevent such distribution and hold you jointly and severally
liable to the fullest extent of the law for any damages resulting
therefrom ... and will look forward to doing it."

Recipients of similar letters from Garten include a group backing the
candidacy of Ohio Gov. John Kasich and the conservative group Club for
Growth, which spent about $1 million on TV ads calling Trump "the worst
kind of politician."

Political candidates rarely respond to attacks by threatening legal
action, because the law gives wide protection to speech made against
political figures, a group that now includes Trump. The Trump
Organization argues it has a right to protect its brand, which means
protecting Trump.

"Those rights are not forfeited by virtue of Mr. Trump's candidacy,"
said Hope Hicks, a Trump campaign spokeswoman (and Trump Organization
employee). The defense of his brand, she said, "is in no way any form of
campaign activity and does not run afoul of federal election laws."

Bob Biersack, who worked for the FEC for 30 years and is now a senior
fellow at the Center for Responsive Politics, called such reasoning
"kind of silly." He said he had never heard of a business person
invoking brand protection as a guard against public policy arguments.

Some of those who have received Trump Organization warnings have in turn
slammed him for what they contend is his illegal use of corporate

"Trump and his agents have explicitly directed his corporate attorneys
at the Organization to do the dirty work for the campaign," wrote
Charlie Spies, the attorney for groups backing Bush, in a reply to
Garten. "Just as your client is attempting to quickly learn the basics
of foreign policy, we wish you personally the best in your attempts to
learn election law."

Spies has filed an FEC complaint along those lines.

Gross said Trump's use of his own company resources, if properly
documented and reimbursed at a fair market rate, could be permissible,
if unusual. What's murkier is his campaign's use of the resources of
other companies.

On Wednesday, Trump held a rally held at an airport hangar owned by
International Air Response, a specialty aerial services provider run by
Travis and Bill Grantham in Arizona.

"They gave us a very good deal," Trump bragged at the event. "You know
what it is? Nothing. Thank you, fellas."

That might come as a disappointment to former Texas Gov. Rick Perry,
whose campaign in June paid $40,000 to lease an aircraft from the same
company to use as a dramatic backdrop as he launched his ill-fated
presidential bid.

Bill Grantham said fees for the 67,000-square-foot space that Trump used
run from "free to tens of thousands of dollars," depending upon the
circumstance. He declined to give more details or discuss his
arrangement with the Trump campaign.

The free space for Trump appears to be an illegal corporate
contribution, said Larry Noble, a former FEC commissioner and senior
counsel for the Campaign Legal Center, a nonprofit that supports strong
enforcement of election law.

That's because corporations are barred from giving anything — whether it
is a cash donation or a valuable gift such as an arena space — to a
candidate's official campaign.

Asked about the legality of his company's arrangement with Trump,
Grantham declined to comment. Hicks, the Trump campaign spokeswoman,
responded by saying the campaign's next financial report will be filed
with the FEC in January.


Associated Press writer Jeff Horwitz contributed to this report.


Follow Julie Bykowicz and Jill Colvin on Twitter at:
http://twitter.com/bykowicz and http://twitter.com/colvinj


This story has been corrected to reflect that the name of organization
that supports strong election law enforcement is the Campaign Legal
Center, not the Campaign Finance Legal Center.

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