Well This Should Be Interesting: FEC Approves Colbert SuperPAC

by Josh Feldman | 11:16 am, June 30th, 2011

» 37 comments

The Federal Election Commission has officially approved Stephen Colbert‘s SuperPAC, allowing him to create independent advertisements and raise unlimited campaign donations in the 2012 election cycle.

Colbert’s quest to form a political action committee began in March, after lampooning an ad for Tim Pawlenty‘s Freedom First PAC, with the satirical slogan “Making a better tomorrow, tomorrow.” Every time he covered the latest on his PAC, Colbert brought Trevor Potter, former FEC chairman, on the program to explain campaign finance law to him and his audience. When Viacom initially expressed concern that Colbert could cause unnecessary financial scrutiny, they sent him a letter asking him to stop. Luckily for Colbert, he discovered a loophole that allowed him to set up a Super PAC (groups that have existed since the Citizens United ruling), and filed a formal request with the FEC for a media exemption in May.

Some campaign finance advocates are worried that Colbert’s stunt could backfire and act as a precedent for other television hosts to give an undisclosed amount of donations to political candidates. The Campaign Legal Center and Democracy 21 both asked the FEC to keep in mind the real-world consequences of Colbert’s actions:

Granting the exemption would produce what the reformers called “a sweeping and damaging impact on disclosure laws,” which would allow media companies to fund employees’ political activities anonymously. Politicians who are employed by media companies could use their television shows as platforms to raise unlimited funds for their PACs, without having to disclose it, the reform groups said.

Additionally, those media companies would be allowed to anonymously pay for independent expenditure ads for those PACs, which could then be played on other networks and shows, as well as online. Media companies (Including Fox News, which employs several political figures associated with super PACs) could fund the administrative costs of their employees’ PACs, without having to disclose that donation.

“Mr. Colbert’s ultimate goals here may be comedic,” the reformers wrote. “But the commission should not be the straight man at the expense of the law.”

According to National Journal, the FEC commissioners voted to let Colbert run the PAC by a 5-1 margin, but any advertisements created through the PAC could only be aired on The Colbert Report.

Watch Stephen’s recap on last night’s Report of the upcoming decision:

Campaign Finance, Citizens United, ColbertPAC, FEC, stephen colbert, Trevor Potter

Just4thefax

Fact: Penny stock okay!
Just4thefax

Fact: PAC no!
Ardiva

I always thought this was a very stupid thing for Colbert to do. Now I am certain.
Azarkhan

Now Colbert can do publicly what he does privately-support and raise money for Democrats.
Yogi Gupta

Now it has opened a door for ‘O’Reilly PAC’, ‘Hannity PAC’, ‘Jon Stewart PAC’…. Let the flood gates open up. Every host of every show can create a PAC, and raise funds to promote their own shows. FEC is so lame!
http://www.zazzle.com/talkingpoints NORBIT Jr.

LOL!

But there’s no BIAS in the Media!!

What’s the matter, STEWART getting all of the attention Colbert?
- or you can’t spew enough Democratic propaganda on your viewer-challenged show?
http://www.swissarmyjew.com Keeva

Did everyone forget that Colbert is on Comedy Central? Not exactly a news channel.

As far as the floodgates, they were already open.

Azarkhan said:
Now Colbert can do publicly what he does privately-support and raise money for Democrats.

Is this somehow a bad thing? Palin uses her Fox gig to promote her PAC that funds GOP and conservatives.

Oh, wait, I forgot. It is more about the yelling and insulting.

Well, carry on, then.
jddoubleu

stewart/colbert should just change their names to “the alinsky twins”…
Yogi Gupta

Keeva said:
Did everyone forget that Colbert is on Comedy Central? Not exactly a news channel. As far as the floodgates, they were already open. Is this somehow a bad thing? Palin uses her Fox gig to promote her PAC that funds GOP and conservatives. Oh, wait, I forgot. It is more about the yelling and insulting. Well, carry on, then.

The floodgates are now open to raise money and promote the politiacl programming in a very different fashion. Palin migght have used her gig at FOX to promote herself or even her PAC. Palin could not solicit funds to be used exclusively on the FOX during her program. The program was funded by FOX and the sponsors. Now the program can be funded by FOX, the sponsors, as well as by this new PAC. It will lead to a totally new way to finance political programs, by raising funds exclusively during the program for the program. It would be similar to selling a product on QVC. This is very different, thats why FEC had to approve it.
I don’t care who would use this new loophole, both sides will fully expoloit it eventually.
Bill Huggins

You guys DO KNOW that he’s doing this to MOCK THE CITIZENS UNITED RULING, right?

Surprised it got this far.

Disappointing he can only show the ads on his show…
Azarkhan

Keeva said:
Did everyone forget that Colbert is on Comedy Central? Not exactly a news channel.
Azarkhan said:
Now Colbert can do publicly what he does privately-support and raise money for Democrats.

Is this somehow a bad thing? Palin uses her Fox gig to promote her PAC that funds GOP and conservatives.

Sarah Palin is a conservative Republican–she never pretends to be anything else.

Colbert and Stewart pretend to be neutral and “just comedians”. Of course Conservatives have known all along that they are liars. Maybe one day you will realize that also…but probably not.
BatBoy

What could possibly go wrong with this decision?

This decision does smell!
Yogi Gupta

Bill Huggins said:
You guys DO KNOW that he’s doing this to MOCK THE CITIZENS UNITED RULING, right? Surprised it got this far. Disappointing he can only show the ads on his show…

Don’t be disaapointed. We live in the age of internet. These advertisements will find much wider audience at Mediaite, Politico, as well as Daily Caller. If the basic purpose to mock Citizens United ruling, it will misfire and exploited to new heights. FEC can not stop websites such as MediaITE, or Politico to cover these advertisements on their website.
moriarty70

Yogi Gupta said:
The floodgates are now open to raise money and promote the politiacl programming in a very different fashion. Palin migght have used her gig at FOX to promote herself or even her PAC. Palin could not solicit funds to be used exclusively on the FOX during her program. The program was funded by FOX and the sponsors. Now the program can be funded by FOX, the sponsors, as well as by this new PAC. It will lead to a totally new way to finance political programs, by raising funds exclusively during the program for the program. It would be similar to selling a product on QVC. This is very different, thats why FEC had to approve it.
I don’t care who would use this new loophole, both sides will fully expoloit it eventually.

Check the caveat at the end of the article. I think that’s a smart addition to the decision. He’s limited to only showing his work during his time block on TV. If that sets the precedent than after soliciting for funds on Fox then those PAC’s can only show the ads after fundraising during their time on Fox or MSNBC or CNN etc. Basically they’re forcing the networks/shows/personalities to advertising their political leaning if they want to follow this route.
lane

Will be fun to watch the unintentended consequences of this action. I suspect it will be interesting. My first thought is for the REd Eye boys to look into it….
http://www.facebook.com/people/Victoria-Sallese/703324932 Victoria Sallese

Colbert is simply doing what Pat Paulsen did back in the 70′s ( I think it was that decade). They are comedians and advertise themselves as such. They are laughing with us as we laugh at them. Not laughing AT us like Palin.
http://twitter.com/SailRabbits Magister

I realize the “any advertisements created through the PAC could only be aired on The Colbert Report” has become the meme, but a cursory reading of the draft opinion seems to indicate that only the advertisements created with Viacom resources are limited to the Colbert timeslot and the show’s website, while the “Committee” will be responsible for funding its own website and it appears they could place independently-produced ads elsewhere.

In fact, again I haven’t studied it, but an easy and cheap anser that came to my mind is that the opinion seems to allow for Colbert to solicit viewer-produced ad contributions via the show, then they could make them embeddable via the Committee site.
lane

moriarty70 said:
Check the caveat at the end of the article. I think that’s a smart addition to the decision. He’s limited to only showing his work during his time block on TV. If that sets the precedent than after soliciting for funds on Fox then those PAC’s can only show the ads after fundraising during their time on Fox or MSNBC or CNN etc. Basically they’re forcing the networks/shows/personalities to advertising their political leaning if they want to follow this route.

Given the criminal FEC violations by Jon Edwards, it also opens up the need for Colbert to both hire lawyers and accountants to properly setup and administer it, and when audited, the criminal liabilities. Not worth the effort or risk if you’re a cable host…. His bosses will shut it down before it ever really begins….

His employers won’t let him actually use it, too much risk.
Yoda002

This a good idea!! It just shows what a joke a SuperPAC is.
TeaPartyNation

Did anybody think that the uber-leftist regime would NOT approve this nonsense from one of their buffoons ?
http://www.facebook.com/people/Bruce-Kennedy/1439463341 Bruce

Striking fear into the hearts of Conservatives. It is all right for Conservative’s Corporate friends to give as much money as they want to politicians sympathetic to their issues, But when it comes to those who may have opposing views, then that is unacceptable. The idea that corporations are cosidered as individuals, like you and I, under the law is absurd. All you “strict constructionists” show me where it says corporations are individuals, in the Constitution.
GoneFishing

lane said:
Given the criminal FEC violations by Jon Edwards, it also opens up the need for Colbert to both hire lawyers and accountants to properly setup and administer it, and when audited, the criminal liabilities. Not worth the effort or risk if you’re a cable host…. His bosses will shut it down before it ever really begins….

His employers won’t let him actually use it, too much risk.

I agree, I don’t think the Networks want to be in the middle of this, and their legal staff will be working late to provide a risk assessment with regard to liability and responsibility. But with anything this new it’s a guess and it will take time for the FCC to issue guidelines to define just what can and cannot be done. My guess is the down side risk and expense will be more than networks want to deal with.

Heres an Idea…Does this open the door for ‘Party’ Networks? Will the Green or Tea Party now start their own channel? If thats the case we could be seeing an explosion of Political programing in the near future. The 2012 Election cycle just got More interesting.
http://www.facebook.com/people/Bruce-Kennedy/1439463341 Bruce

TeaPartyNation said:
Did anybody think that the uber-leftist regime would NOT approve this nonsense from one of their buffoons ?

Another MENSA member voices his/her well thought out, well articulated opinion. We mere mortals are waiting anxiously for the publication of your new tome…”A Study of the American Buffoon: Or How the Tea Party Got Started”.
GoneFishing

Yoda002 said:
This a good idea!! It just shows what a joke a SuperPAC is.

I suspect the effects of the ruling will not be a ‘Joke’ at all.

Inventive minds are this minute wondering how to use it to advantage, and I cant see either side leaving an opportunity on the table. There will be some serious people from all points on the Political Spectrum looking at this. Where this goes is anyones guess.
moriarty70

lane said:
Given the criminal FEC violations by Jon Edwards, it also opens up the need for Colbert to both hire lawyers and accountants to properly setup and administer it, and when audited, the criminal liabilities. Not worth the effort or risk if you’re a cable host…. His bosses will shut it down before it ever really begins…. His employers won’t let him actually use it, too much risk.

Sadly I think Comedy Central will chicken out from any potential point this could make. They’ve done it before with the South Park 200/201 act of cowardice.
Worp

It’s a joke how Progressives argue that Stewart, Colbert, Maher, aren’t Progressive activists, and how Stewart himself comes out an lies on Wallace’s Sunday show while calling voters out to the street in their rally on the mall. Progressives believe the end justifies the means so lying, race baiting, are all part of the means.
http://societyfordaintydamsels.wordpress.com artemesia

My comment isn’t so much concerning Stephen Colbert’s superpac. I realize it was basically a joke to prove a point of the power of pacmonies and politics. Its the whole idea of corporations now can contribute tens of millions of dollars or even more to political parties and there is absolutely no accountability. What I mean is the amount, who contributed, what the contributions specifically went to is totally secret. Whatever happened to sunshine laws or did they go to where the sun doesn’t shine?
Alice67

yes! yes! YES!
Alice67

Bill Huggins said:
Disappointing he can only show the ads on his show…

They’ll go viral.
felixw

The liberals are sending comedians to Washington DC?

Isn’t this old news? I thought that happened back in 2008?
Levin

TeaPartyNation said:
Did anybody think that the uber-leftist regime would NOT approve this nonsense from one of their buffoons ?

You do relize this whole thing is a result of the Citizens United majority ruling by the CONSERVATIVE Supreme Court justices, don’t you? Or are you just hell-bent on spewing more baseless, knee-jerk Tea Party crap.
http://twitter.com/SailRabbits Magister

Bill Huggins said:
Disappointing he can only show the ads on his show…

Alice67 said:
They’ll go viral.

As I pointed out in my initial comment, the fact that he’s being limited to where he can show the ads appears to be the subject of misreporting.

The draft opinion says that he requested a ruling on using Viacom resources to provide commentary on the committee and to produce “some” advertisements. The FEC ruled that if Viacom-produced material are used off the show, it’d constitute an in-kind contribution, but there appears to be a possible exception in lines 22-23 of page four for what I interpret to be promotional opportunities and the whole thing is relying heavily on Viacom and attorney vetting.

Also, Colbert specifically asked that if they use Viacom resources to support the committee would they still be able to solicit contributions from the general public and others legally allowed. The FEC says that it would be acceptable and though it may not be in Colbert’s plans, if materials are produced with outside contributions and using no Viacom-supplied resources, the product wouldn’t be limited to just airing on the show.

Right now, I don’t know Colbert’s plans for his committee. I assume that he’ll have his attorney on tonight’s show to explain the ruling, but it may be too early for them to do anything other than solicit donations and point people toward the committee website.

If I were to guess, I’d assume that the committee will focus on something completely outlandish which could be used for both humor and a subtle endorsement. (I’m reluctant to guess because I wouldn’t want to step on their announcement, but an easy answer would be “bears” and that could result in ads calling some candidates “pro-bear”.) and right now, I have to say that the other obvious beneficiary could be Sarah Palin because it could give her more freedom with FNC and most of her expenditures thus far have occurred off-network.
http://twitter.com/SailRabbits Magister

PS) It’s also worth noting that though the FEC ruled Colbert can run Viacom-produced material on his show and the show’s website, plus it makes allowances for the committee’s website to operate as a standalone entity, they make no direct ruling on Hulu’s mirror of the Colbert show. One may assume it’s still covered because the contract is for entire episodes, but Hulu and other existing distribution channels aren’t directly addressed in the ruling.
carlinist

Azarkhan said:
Sarah Palin is a conservative Republican–she never pretends to be anything else.

Colbert and Stewart pretend to be neutral and “just comedians”. Of course Conservatives have known all along that they are liars. Maybe one day you will realize that also…but probably not.

the story isn’t about being pretentious

Its about how dumb a government agency currently acts in allowing Political groups (PACs) to access money.

This is serious. Due to the Citizens United rulings, millions and millions of dollars can be put into these groups, regardless of what they promote. Your votes doesn’t matter anymore. It is money that matters the most now.

This has been going on for a while however.. I suspect politicians have been illegaly acquiring money for a long time. Well now its officialized.
hgovernick

felixw said:
The liberals are sending comedians to Washington DC?

Isn’t this old news? I thought that happened back in 2008?

You obviously aren’t much of a comedian.
http://twitter.com/SailRabbits Magister

Re: My most recent comment about Colbert and Hulu.

It’s now two hours after Colbert is usually uploaded to Hulu. The Daily Show went up on time and the most recent Colbert, where he solicits donations for his PAC and asks for email addresses is streaming via the ColbertNation site, but maybe they’re waiting for the lawyers to offer an opinion regarding Hulu, the PAC and the FEC or maybe it’s casualty.
http://twitter.com/SailRabbits Magister

Update: Three hours after the usual upload time, the 6/30 “Report” has now been posted to Hulu.