We took a major step today — asking the Department of Justice to begin a criminal investigation of non-profits being used to take unlimited, anonymous donations in an attempt to influence the vote. I am not a big fan of the government investigating non-profits so it was unusual for me to take the step we took today. Not only did we ask that the organizations be investigated but also that those who created the groups, raised money for them and donated money to them be investigated as well. Their actions seem to be a conspiracy to violate federal election laws and tax laws. You can read a copy of the letter to DOJ here: http://www.velvetrevolution.us/images/DOJ_AmericanXroads_Criminal_Request_10.13.10-1.pdf.
In a complaint we filed yesterday with the FEC, we made the case that these non-profits are violating federal election laws because they have failed to register as political committees. And they are violating the tax laws because they are misusing their non-profit status for electioneering. See http://protectourelections.org/index.php?q=node/46.
I tend to agree with DNC Chair Tim Kaine (and if you who know me, saying I agree with a either party, including the Democrats is unusual) that corporations using front group non-profits to collect anonymous election contributions and thereby evading federal election law which requires disclosure is the biggest election scandal since Watergate. Watergate was a crime and the implication of Kaine’s comment is that these activities are a criminal enterprise. The only way to stop this is through the DOJ. We are seeing a crime being committed right before our eyes yet the only party that can stop it is silent. Our letter to DOJ gives the road map and jurisdiction for criminal action against these “threat to democracy” groups. http://www.huffingtonpost.com/2010/10/14/tim-kaine-fundraising-watergate_n_762544.htm.
And, the other part of the story that has not gotten a lot of coverage is these anonymously funded advertisements are often false and misleading. In fact, television stations are going so far as to pull advertisements being submitted by Karl Rove and the Chamber of Commerce. See http://voices.washingtonpost.com/plum-line/2010/10/rove_chamber_ads_widely_debunk.html
