CREW and Germantown, Tennessee resident Barbara Kaye Ginsberg filed a complaint with the Federal Election Commission (FEC) today against Rep. Marsha Blackburn’s campaign committee, Marsha Blackburn for Congress, and the committee’s treasurer, Tea Hoffman. 

After receiving 33 letters from the FEC regarding possible reporting errors since Blackburn first ran for Congress in 2002, the campaign committee undertook its own internal audit, handled by Don McGahn, who has been nominated to become an FEC Commissioner. The review showed that the campaign had failed to file correct FEC reports since Rep. Blackburn first ran for office in 2002. The committee had received over $100,000 in unreported contributions, including a $1,000 contribution from former Rep. Duke Cunningham's campaign committee and had failed to report $286,000 in expenditures, including nearly $19,000 paid to Blackburn’s own daughter. Blackburn was forced to file amendments to all 32 previously filed FEC reports.

Blackburn’s campaign committee had been the subject of an FEC investigation in 2006, resulting in a $1,500 penalty. The campaign committee’s failure to report certain contributions was a focus of the investigation. Nevertheless, at the same time that investigation was underway – and as the Cunningham scandal was breaking – the campaign committee failed to disclose the Cunningham contribution. In fact, the Blackburn campaign did not disclose the Cunningham contribution until three and a half years after it was received.

CREW’s complaint alleges that Blackburn’s campaign committee violated federal campaign finance laws by failing to report the contributions and expenditures. The complaint also alleges that the campaign committee may have committed perjury by signing a statement that all information provided to the FEC to resolve the then pending enforcement matter was true and accurate when the committee had failed to report the contribution from Friends of Duke Cunningham.

CREW’s executive director Melanie Sloan said:

Given the Blackburn campaign committee’s longstanding pattern of filing inaccurate FEC reports and the large amounts of money involved, the FEC should step in, investigate the committee and sanction it appropriately.  In addition, if it turns out that the campaign committee deliberately hid the Cunningham contribution when negotiating a settlement with the FEC, the Department of Justice should consider whether a perjury prosecution is appropriate.

CREW has serious concerns about the nomination of Donald McGahn as FEC Commissioner.  We're raised them before at FixTheFEC.org.  McGahn is being sued for malpractice in a case stemming from his representation of Tom DeLay's leadership PAC.  As Melanie Sloan states so forcefully, McGahn must answer questions about that case:

Before voting on the nomination of Donald McGahn to be a member of the Federal Election Commission, the Senate should require Mr. McGahn to answer questions about his role in a FEC enforcement case against Tom DeLay’s former leadership PAC, Americans for a Republican Majority PAC (ARMPAC). Former ARMPAC treasurer Corwin Teltschik has sued Mr. McGahn for malpractice in federal court for settling the case, which included claims against Mr. Teltschik, without his knowledge or consent. In his complaint, Mr. Teltschik alleges that he may lose his license to practice law in Texas as a result of McGahn’s allegedly improper conduct.

If Donald McGahn committed malpractice in settling a campaign finance matter, clearly he cannot lead the agency charged with enforcing those very same laws. Mr. Teltschik’s case raises questions not only regarding Mr. McGahn’s credentials as a campaign finance lawyer, but also his understanding of legal ethics.

Sign our petition at FixTheFEC.org opposing Donald McGahn's nomination as FEC Commissioner.

Here's why Donald McGahn is not the right choice for FEC Commissioner:

Mr. McGahn has shown disdain for the FEC. He once described the FEC as “not like other agencies because you have ... the fox guarding the hen-house. You gonna appoint your guys to make sure you are taken care of. The original intent was for it to be a glorified Congressional committee. That’s the way I see it.”

Mr. McGahn was a member of former Majority Leader Tom DeLay’s (R-TX) legal team, representing Mr. DeLay in legal and ethics matters regarding the Jack Abramoff affair at the time when Mr. DeLay was indicted on campaign finance violations in Texas and admonished for unethical conduct by the House Ethics Committee.

These facts suggest that Mr. McGahn would be unable to vigorously enforce campaign finance laws fairly and without regard to party affiliation. He is not the right choice for FEC Commissioner.