May 08, 2008
DCCC Files 3rd FEC Complaint Against Freedom’s Watch
The DCCC filed a complaint today with the Federal
Election Commission (FEC) against Freedom’s Watch, a shadowy outside group, for
failing to report its spending on television ads it’s running against Democratic
candidate Travis Childers (MS-01) and ran against Congressman Don Cazayoux
(LA-06).
Freedom’s Watch is operating as the cash-strapped NRCC’s
de facto independent expenditure campaign.
“Clearly, Freedom’s Watch thinks they are above the
law,” said Jennifer Crider, Communications Director at the DCCC. “Freedom’s
Watch is trying to hide their spending on attack ads against Travis Childers and
that’s illegal. As the NRCC looks to Freedom’s Watch to save them, the NRCC,
Republican Members, and Republican candidates need to decide whether it’s worth
it to return to the hay days of Republicans’ culture of corruption by being tied
to a group that regularly breaks the law.”
This is the third complaint the DCCC has filed
with the FEC on the political attack ads that Freedom’s Watch is running in the
LA-06 and MS-01 special elections:
- On April 16, 2008,
the DCCC filed an FEC complaint against Freedom’s Watch and the NRCC for illegal
coordination of their attack ads. A script from one of Freedom’s Watch’s ads
contained electronic identifiers linking it to the NRCC. The message, images,
and citations in both the Freedom’s Watch ad and NRCC ad are nearly identical.
- On April 23, 2008,
the DCCC filed an FEC complaint for running a political attack ad that directly
and illegally advocates the defeat of a Democratic candidate and also for
failing to disclose the names of the donors funding that ad.
- On April 29, 2008,
the DCCC requested the Internal Revenue Service investigate Freedom’s Watch.
Freedom’s Watch violated its tax exempt status by running political attack ads
against Democratic candidate Don Cazayoux in the LA-06 special election,
designed to benefit the NRCC and the Republican candidate. Freedom’s Watch
meets five of the six criteria the IRS uses to determine that a group is
political – not a tax exempt 501(c)(4).
The text of the letter
follows:
Thomasenia Duncan, Esq.
General Counsel
Federal Election
Commission
999 E Street, N.W.
Re: Complaint against Freedom’s
Watch, Inc.
Dear Ms. Duncan,
This is a complaint
under 2 U.S.C. § 437g(a)(1) against Freedom’s Watch, Inc. Freedom’s Watch has
aired multiple electioneering communications without filing reports with the
Commission as required by 2 U.S.C. § 434(f).
THE FACTS
On April 15, 2008,
Freedom’s Watch, Inc. began to air a television advertisement that clearly
identified, and advocated the defeat of, congressional candidate Don Cazayoux on
selected stations in the state of
On April 22nd, 2008,
Freedom's Watch began to air another television advertisement in connection that
clearly identified, and advocates the defeat of, Mr. Cazayoux, entitled "Health
Care." The advertisement was aired in the congressional district in which Mr.
Cazayoux was running for office, and it was aired within 60 days of the May 3rd
runoff election. According to the Commission's records, Freedom's Watch has to
this day never filed an FEC Form 9 in connection with this
communication.
On April 29th,
Freedom's Watch began to air a third television advertisement in connection that
clearly identified, and advocated the defeat of, Mr. Cazayoux, entitled "In G-d
We Trust." The advertisement was aired in the congressional district in which
Mr. Cazayoux was running for office, and it was aired within 60 days of the May
3rd runoff election. According to the Commission's records, Freedom's Watch has
to this day never filed an FEC Form 9 in connection with this
communication.
On May 2nd,
Freedom's Watch began to air a television advertisement that clearly identified,
and advocates the defeat of, congressional candidate Travis Childers, entitled
"Obama." The advertisement was aired in the congressional district in which Mr.
Childers was running for office, and it was aired within 60 days of the May 13th
runoff election. According to the Commission's records, Freedom's Watch has to
this day never filed an FEC Form 9 in connection with this
communication.
The advertisements "Health Care," "In G-d We
Trust," and "Obama" are attached.
ARGUMENT
An electioneering
communication includes a broadcast, cable, or satellite communication that
refers to a clearly identified candidate for Congress; that is made within 60
days of a runoff election sought by that candidate; and that can be received by
50,000 or more persons in the congressional district in which the candidate is
running. 2 U.S.C. § 434(f)(3). The Freedom's Watch advertisements "Health
Care," "In G-d We Trust," and "Obama" are unquestionably electioneering
communications: all three identify Mr. Cazayoux or Mr. Childers, were aired in
their respective congressional districts and were first aired within 60 days of
their runoff elections.
Electioneering
communications must be disclosed to the general public. Every person who makes
a disbursement for an electioneering communication in excess of $10,000 must
file a report with the Commission by the day following the first day the
communication is publicly distributed. See 2 U.S.C. § 434(f)(1); 11 C.F.R. §
140.20. Each of the Freedom's Watch advertisements "Health Care," "In G-d We
Trust," and "Obama" required disbursements in excess of $10,000. Indeed,
according to television and radio political files, Freedom's Watch spent over
$600,000 on the airtime alone for the two
Freedom's Watch has
not file a Form 9 electioneering communications report for any of the latest
three advertisements, despite spending hundreds of thousands of dollars to
influence the special congressional elections in
The Commission
should act immediately to prevent Freedom’s Watch, Inc. from continuing to flout
the electioneering communications reporting requirements, and to fine Freedom's
Watch the maximum amount permitted by law.
Sincerely,
/s/
Executive Director
Democratic Congressional Campaign
Committee
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