Obama FEC scandal, Ellen Weintraub commissioner since December 2002, Former Perkins Coie attorney, Robert Bauer Weintraub conflict of interest, Natural born citizen ruling, Can we expect a fair advisory opinion
“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write
advisory opinions or bring enforcement actions against those breaking the law?”
“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics. You
thought the First Amendment said enough about that participation? Silly you.”
“Four Senate Democrats decided to block the Republican, Hans von Spakovsky.”
“The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”…George Will, Washington Post December 11, 2007
“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells
“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells
Obama FEC scandal.
Why is this so important?
Forget for a moment the other bias and chicanery associated with the FEC ( hard drive from IRS, etc. )
To the best of my knowledge, the FEC is the only federal government agency since 2008 to address the natural born citizen requirement for presidency in the US Constitution.
In Hassan v FEC they established that just being a US citizen is not enough. Hassan is a naturalized citizen and not eligible for matching federal funds.
They did not prohibit his running since they are only responsible for the monetary aspect.
What is significant about Ellen Weintraub being a commissioner?
1. She is a former Perkins Coie employee. You know, the law firm that made hundreds of thousands of dollars off of the Obama campaign, helped Obama keep records hidden via attorney Robert Bauer ( husband of Anita Dunn ) and requested an advisory opinion from the FEC in 2007 regarding Obama’s matching fund options.
2. Weintraub was a FEC commissioner in 2007 when the FEC provided the advisory opinion.
3. Weintraub was a commissioner in 2008 when the FEC rejected Philip J Berg’s plea for a ruling on Obama’s natural born citizen status.
4. Weintraub has been a commissioner since December 2002 despite her tenure of 6 years being exceeded.
5. Weintraub is a liberal Democrat.
6. Weintraub’s participation as a commissioner with the Perkins Coie ties to Obama is troubling.
7. Numerous articles have been written about Obama not replacing commissioners on the FEC, despite their terms running out, but I have found none other than my own questioning Ellen Weintraub being retained.
8. Why did Wikipedia make it appear like Weintraub began as a commissioner in 2008?
“Commissioners
Current
| Name | Position | Appointed By | Sworn In | Term Expires |
|---|---|---|---|---|
| Lee E. Goodman | Chair | Barack Obama | September 2013 | April 30, 2015[7] |
| Ann M. Ravel | Vice Chair | Barack Obama | September 2013 | April 30, 2017[8] |
| Ellen L. Weintraub | Commissioner | George W. Bush | June 2008 | Expired — serving until replaced |
| Matthew S. Petersen | Commissioner | George W. Bush | June 2008 | Expired — serving until replaced |
| Caroline C. Hunter | Commissioner | George W. Bush | June 2008 | Expired — serving until replaced |
| Steven T. Walther | Commissioner | George W. Bush | June 27, 2008 | Expired — serving until replaced |
”
http://en.wikipedia.org/wiki/Federal_Election_Commission
From the FEC.
“Ellen L. Weintraub took office as a Member of the United States Federal Election Commission (FEC) on December 9, 2002. After an initial recess appointment, her nomination was confirmed by unanimous consent of the United States Senate on March 18, 2003. Commissioner Weintraub has twice served as Chair of the Commission, for calendar years 2003 and 2013.
Prior to her appointment, Ms. Weintraub was Of Counsel to Perkins Coie LLP and a member of its Political Law Group. There, she counseled clients on federal and state campaign finance and election laws, political ethics, nonprofit law, recounts, and lobbying regulation. During the election contest arising out of the 1996 election of Senator Mary Landrieu (D-LA), Ms. Weintraub served on the legal team that advised the Senate Rules Committee. Her tenure with Perkins Coie represented Ms. Weintraub’s second stint in private practice, having previously practiced as a litigator with the New York law firm of Cahill Gordon & Reindel.”
http://www.fec.gov/members/weintraub/weintraubbio.shtml
From Citizen Wells December 21, 2012.
“From the FEC December 20, 2012.
“FEC ELECTS WEINTRAUB AS CHAIR FOR 2013;
McGAHN TO SERVE AS VICE CHAIRMAN
WASHINGTON – At its open meeting today, the Federal Election Commission elected Ellen L. Weintraub as Chair and Donald F. McGahn II as Vice Chairman for 2013.
Commissioner Weintraub took office on December 9, 2002, after receiving a recess appointment. She was renominated and confirmed unanimously by the United States Senate on March 18, 2003. Commissioner Weintraub previously served as Chair in 2003. Commissioner McGahn was nominated and confirmed unanimously by the United States Senate on June 24, 2008. He was elected Chairman on July 10, 2008 and served in that capacity until December 31 of that year.
Prior to her appointment to the Commission, Commissioner Weintraub was Of Counsel to Perkins Coie LLP and a member of its Political Law Group. Commissioner Weintraub had previously practiced as a litigator with the New York firm of Cahill Gordon & Reindel.
Before joining Perkins Coie, Commissioner Weintraub was Counsel to the Committee on Standards of Official Conduct for the U.S. House of Representatives (the House Ethics Committee). There, Commissioner Weintraub focused on implementing the Ethics Reform Act of 1989. She was Editor in Chief of the House Ethics Manual and a principal contributor to the Senate Ethics Manual.
Commissioner Weintraub received her B.A., cum laude, from Yale College and her J.D. from Harvard Law School.
Commissioner McGahn took office on July 9, 2008. Prior to his appointment to the Commission, Commissioner McGahn served as head of McGahn & Associates PLLC, a Washington-based law practice specializing in election law. Commissioner McGahn also served as General Counsel to the National Republican Congressional Committee and as Counsel for the Illinois Republican Party.
Before joining the NRCC, Commissioner McGahn practiced law at Patton Boggs LLP in Washington, DC. Commissioner McGahn has been recognized for his significant pro bono work for the Lawyers’ Committee for Civil Rights Under Law. Prior to Patton Boggs LLP, Commissioner McGahn served as a judicial law clerk to the Honorable Charles R. Alexander of the Court of Common Pleas in Pennsylvania.
Commissioner McGahn attended the United States Naval Academy, the University of Notre Dame, Widener University School of Law and the Georgetown University Law Center.”
http://www.fec.gov/press/press2012/20121220newofficers.shtml
From Citizen Wells January 23, 2012.
WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?
PART 4
Obama, attorneys and Democrats control FEC
The devil himself could not have come up with a more devious plan.
Robert Bauer, of Perkins Coie, on February 1, 2007 requested an advisory opinion to keep Obama’s option for matching funds open. Bauer knew full well that Obama, not being a natural born citizen, was not eligible for matching funds. The FEC advisory opinion from March 1, 2007 responded in the affirmative.Ellen L. Weintraub, former staff member at Perkins Coie, was a Democrat appointee of the FEC at that time. She remained well beyond her scheduled tenure with the help of Barack Obama.
Obama, Robert Bauer, Democrats interaction with FEC timeline.
February 1,2007
Advisory Opinion Request: General Election Public Funding
From Obama attorney Robert Bauer to FEC
“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”
“cc: Chairman Robert Lenhard
Vice Chair David Mason
Commissioner Michael Toner
Commissioner Hans von Spakovsky
Commissioner Steven Walther
Commissioner Ellen Weintraub“
Note, in the above advisory opinion request, Robert Bauer was a Perkins Coie attorney and Ellen Weintraub was a former Perkins Coie staff member.
March 1, 2007
FEC advisory opinion
From Robert D. Lenhard to Robert Bauer
“The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.”
December 11, 2007
George Will in the Washington Post writes.
“Paralyze The FEC? Splendid.”
“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write
advisory opinions or bring enforcement actions against those breaking the law?”
“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics. You
thought the First Amendment said enough about that participation? Silly you.
The FEC’s policing powers may soon be splendidly paralyzed.
Three current FEC members, two Democrats and one Republican, are recess appointees whose terms will end in a few days when this session of Congress ends –
unless they are confirmed to full six-year terms.
Four Senate Democrats decided to block the Republican, Hans von Spakovsky. Republicans have responded: “All three or none.” If this standoff persists until
Congress adjourns, the three recess appointments will expire and the FEC will have just two members — a Republican vacancy has existed since April. If so,
the commission will be prohibited from official actions, including the disbursement of funds for presidential candidates seeking taxpayer financing.”
The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121001559.html?hpid=opinionsbox1
June 19, 2008.
“Obama to Break Promise, Opt Out of Public Financing for General Election”
“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”
“In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:
“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party
candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election.”
http://abcnews.go.com/blogs/politics/2008/06/obama-to-break/
June 24, 2008
Senate confirms FEC Nominees.
From the Wall Street Journal.
“The Senate confirmed five new members to the Federal Election Commission, ending a bitter political battle that had hobbled the elections watchdog for
months.
But the Senate action came with a final twist: Republicans accused Democrats of delaying the confirmation vote one day to allow the Democratic National
Committee to file a lawsuit against the presidential campaign of Republican Sen. John McCain of Arizona.
The six-member elections agency had been without a quorum since December as Democrats objected to Republican nominee Hans Von Spakovsky for what they said was his partisan handling of voting-rights matters in his former job as a Department of Justice attorney. The dispute prevented the two parties from reaching an agreement to vote on any of the nominees.”
“Other commissioners confirmed Tuesday included Democrats Steve Walther and Cynthia Bauerly. The new Republican commissioners are Mr. Petersen, Don McGahn and Caroline Hunter. They join sitting commissioner Ellen Weintraub, a Democrat. The commission needs at least four members to take official action on election complaints, new campaign-financing rules and requests from campaigns for legal guidance.”
From Fox News.
“Since the beginning of the year, the commission has only had two members: Republican Chairman David Mason and Democrat Ellen Weintraub.”
August 18, 2008
From Citizen Wells FEC FOIA request.
The individual, redacted, is requesting an advisory opinion from the FEC on Obama’s eligibility to be president. An email was sent with the request. The
email provides information on why Obama is not eligible. It begins with
“It seems that Barack Obama is not qualified to be president, after all, for the following reason:”
It ends with
“Interesting! Now what? Who dropped the ball or are we all being duped? Who do you know whom you can forward this to who might be able to help
answer this question?”
August 21, 2008
Philip J Berg files lawsuit in Philadelphia Federal Court
Defendants: Obama, DNC, FEC
Obama is not a Natural Born Citizen and therefore ineligible to be President.
August 22, 2008
From Citizen Wells FEC FOIA request.
An email from David Kolker, FEC counsel, to Rebekah Harvey is certainly interesting. Rebekah Harvey was the assistant to Commissioner Ellen L. Weintraub . Prior to being appointed to the FEC, Weintraub was on the staff of Perkins Coie LLP and a member of it’s Political Law Group.
“Victory in Berg v. Obama”
August 27, 2008
Complaint served on the U.S. Attorney for DNC and FEC
August 27, 2008
From Citizen Wells FEC FOIA request.
FEC response to advisory opinion dated August 18, 2008.
“The Act authorizes the Commission to issue an advisory opinion in response to a complete written request from any person about a specific transaction or
activity that the requesting person plans to undertake or is presently undertaking.”
“your inquiry does not qualify as an advisory opinion request.”
November 11, 2008
“Obama to Most Likely Avoid FEC Audit”
“The Federal Election Commission is unlikely to conduct a potentially embarrassing audit of how Barack Obama raised and spent his presidential campaign’s record-shattering windfall, despite allegations of questionable donations and accounting that had the McCain campaign crying foul.
Adding insult to injury for Republicans: The FEC is obligated to complete a rigorous audit of McCain’s campaign coffers, which will take months, if not
years, and cost McCain millions of dollars to defend.
Obama is expected to escape that level of scrutiny mostly because he declined an $84 million public grant for his campaign that automatically triggers an
audit and because the sheer volume of cash he raised and spent minimizes the significance of his errors. Another factor: The FEC, which would have to vote to
launch an audit, is prone to deadlocking on issues that inordinately impact one party or the other – like approving a messy and high-profile probe of a
sitting president.
So, by declining public funding, Obama decreased the odds of an audit. And the FEC may not investigate due to political party affiliations of the FEC
commission members.”
http://obamashrugged.com/?p=267
May 1, 2009
“At midnight Thursday, the terms of Federal Election Commissioner Donald F. McGahn II (a Republican) and FEC Chairman Steven T. Walther (a Democrat) expired. Combined with Democrat Ellen L. Weintraub’s seat — she remains on the commission even though her term expired two years ago — President Obama has the opportunity to make his first three appointments to the six-member commission. Though FEC terms are set for six years, members are free to stay on until replacements are selected by the president and confirmed by the U.S. Senate.”
“Josh Zaharoff, deputy program director for Common Cause, argues that, short of complete overhaul, such a proposal would be the best way to ensure real
enforcement of election laws. The long-standing existing practice “ensures that the commissioners are likely to be loyal to their political party rather than
to election laws and the American people as a whole.”
After seven months without a quorum, the restocked FEC has drawn significant criticism from campaign-finance-reform advocates for its lack of serious,
independent enforcement. There have been a series of 3-3 deadlocks on key issues, resulting in a significant increase in the percentage of dismissed cases.”
http://www.iwatchnews.org/2009/05/01/2875/president-obama%E2%80%99s-opportunity-mold-fec
April 4, 2011
“More FEC Terms Expire, But Replacements Unlikely”
“The terms of Chairwoman Cynthia Bauerly (D) and Commissioner Matthew Petersen (R) expire at the end of April. The terms of Donald McGahn (R) and Steven Walther (D) expired almost two years ago.
The longest-serving commissioner is Ellen Weintraub (D), whose term expired almost four years ago. The only commissioner who will be serving an unexpired term at the end of the month is Republican Caroline C. Hunter, whom Bush nominated in 2008, for a term that expires in April 2013.
Further complicating the confirmation process is a large list of pending issues before the FEC that will affect Obama’s own re-election campaign.
One of the biggest issues is how the FEC will write new rules in the wake of the Supreme Court’s Citizens United ruling, which would set boundaries for how
hundreds of millions of dollars can be spent by third parties in the presidential election and Congressional campaigns. The issue was so important to Obama
that he admonished the Supreme Court a few days after its decision in the case during his 2010 State of the Union address.”
http://www.rollcall.com/issues/56_105/-204592-1.html?zkMobileView=true
April 16, 2011
“FEC Launches Audit Of Obama’s 2008 Campaign”
“The FEC’s decision to audit the campaign is not surprising, given that it was the largest federal campaign in history, raising more than $750 million in
receipts. If Obama’s campaign were not audited, it would have been the first presidential nominee’s campaign to escape such scrutiny since the public
financing system was created in 1976.
The potential for the FEC’s audit became increasingly more likely as the FEC questioned some of Obama campaign filings. In all, the FEC wrote 26 letters to
Obama for America warning the campaign that if it did not adequately respond to the agency’s questions that it “could result in an audit or enforcement
action.””
“As of the end of March, Obama for America had spent nearly $3 million on legal fees since the 2008 election. In all, the president’s campaign spent three
times more on lawyers after Election Day than in the two years preceding it.
The lion’s share of Obama’s legal spending went to Perkins Coie, a well-known Democratic legal and accounting firm. Perkins Coie is representing the Obama
campaign in all major legal matters, including seven of the FEC’s known investigations involving the White House bid. In each of these cases, the FEC voted to dismiss the case or found “no reason to believe” that the Obama for America or related committees had violated any laws.
Perkins Coie may be also representing Obama for America in the FEC’s spending investigation of a Republican National Committee complaint. A few weeks before the election, the RNC alleged that Obama’s campaign accepted donations from foreign nationals, received contributions that had exceed limits and submitted fictitious donor names to the agency. The status of this investigation is unknown, though the FEC confirmed it received the complaint.”
http://www.rollcall.com/news/FEC-Launches-Obama-Campaign-Audie-205014-1.html
Jan 12, 2012
“Election Watchdogs Assail Obama on FEC Appointments”
“The groups are demanding that Obama shake up the board of commissioners at the Federal Election Commission, the only agency able to enforce campaign laws.
They say political divisions among the agency’s panel of six leaders have rendered it toothless.
“The bottom line is nothing can happen to change the commission unless the White House names new commissioners, and they are refusing to do so,” said Fred Wertheimer, president of Democracy 21, a nonpartisan advocacy group. “The result is going to be an election with no enforcement.””
http://abcnews.go.com/blogs/politics/2012/01/election-watchdogs-assail-obama-on-fec-appointments/
Why would Obama, as we know him, replace the FEC board. Since early 2007, Obama has been shielded by Robert Bauer and Ellen Weintraub. That’s right, as you read above, Weintraub is still on the FEC board, four years after her term expired. And don’t forget, after Obama secured the White House, he hired Robert Bauer as general counsel. Bauer has since returned to Perkins Coie to continue helping Obama keep his records hidden.
This is a clear conflict of interest!!!
And what about attorney ethics?
As stated above, Robert Bauer knew about Obama’s natural born citizen deficiency in February of 2007 and yet he filed a request for an advisory opinion on Obama’s behalf regarding Federal Matching Funds. This is fraud!
From Citizen Wells June 2, 2011.
“From the American Bar Association.
“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent””
“Model Rules of Professional Conduct
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct”
“It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional
Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.”
Citizen WElls 