More from McCain Camp on Dean's Campaign Finance Charges

HOWARD'S HYPOCRISY

Howard Dean Entered And Then Pulled Out Of Public Financing In 2003, Now Attacks John McCain For Doing Same Thing???

In March 2003, Dean Committed To Public Financing, Promised To Attack Any Opponent Who Opted Out: “It Will Be A Huge Issue”

In March 2003, Dean Committed To Taking Matching Funds, Said He Would Attack Any Opponent Who Opted Out Of System: “It Will Be A Huge Issue … I Think Most Democrats Believe In Campaign Finance Reform.” “Howard Dean committed Friday to taking taxpayer dollars to finance his presidential campaign … He promised to make it an issue in the Democratic primaries if any of his rivals decide to skip public financing, as President Bush did en route to winning the Republican nomination in 2000. ‘It will be a huge issue,' Dean said. ‘I think most Democrats believe in campaign finance reform.'” (Sharon Theimer, “At Least Five Democratic Presidential Hopefuls Lay Groundwork To Take Public Financing,” The Associated Press, 3/7/03)

· “Dean Committed To Accepting Taxpayer Money And Vowed To Attack Any Democrat Who Didn't.” (Ron Fournier, “Dean Pulls Back On Spending Limits Pledge,” The Associated Press, 8/15/03)

· Read <http://www.fec.gov/finance/2004matching/dean_docs_001.pdf> Dean's Letter To FEC Applying For Matching Funds

In August 2003, Dean Backed Away From His Pledge On Public Financing: “Could We Change Our Mind? Sure”

In August 2003, “Dean Backed Away From His Pledge To Adhere To Spending Limits,” Saying “Could We Change Our Mind? Sure.” “Democratic presidential candidate Howard Dean backed away from his pledge to adhere to spending limits, saying some advisers want to explore opting out of the Watergate-era public financing system because of his sudden fund-raising success. … ‘Could we change our mind? Sure,' he said.” (Ron Fournier, “Dean Pulls Back On Spending Limits Pledge,” The Associated Press, 8/15/03)

· Dean: “I think public financing is a good thing. The question is what do you do with an opponent who can murder you from March to December?” (Ron Fournier, “Dean Pulls Back On Spending Limits Pledge,” The Associated Press, 8/15/03)

In November 2003, Dean Broke Pledge, Pulled Out Of Public Financing System

In November 2003, Dean “Became The First Democrat To Opt Out Of The Presidential Public Financing System In 30 Years, Striking A Severe Blow To The Watergate-Era Program.” “Howard Dean on Saturday became the first Democrat to opt out of the presidential public financing system in 30 years, striking a severe blow to the Watergate-era program. Dr. Dean, who has raised $25 million to become the best-financed Democrat in the race, will rely on private contributors to fuel his campaign in the primaries, turning away almost $19 million in taxpayer financing and avoiding the spending limit of about $45 million that comes with it.” (Glen Justice, “Dean Rejects Public Financing In Primaries,” The New York Times, 11/9/03)

· Lieberman Spokesman Craig Smith: “It's a shame that Howard Dean has broken his word and abandoned his earlier pledge never to bypass the public financing system …” (Ronald Brownstein, “Dean Won't Accept Public Financing,” Los Angeles Times, 11/9/03)

· John Edwards: “It sends exactly the wrong signal to voters in this country …” (Jim Drinkard and Jill Lawrence, “Dems Decry Dean Move,” USA Today, 11/10/03)

· Dick Gephardt: “You've got to … stay with what you believe in and think is right.” (Jim Drinkard and Jill Lawrence, “Dems Decry Dean Move,” USA Today, 11/10/03)

· Read <http://www.fec.gov/pdf/record/2004/feb04.pdf> Record Of Dean Pulling Out Of Matching Funds System, Telling FEC He “No Longer Wish[es] To Participate In The Matching Payment System Administered By The Commission” and ‘Withdraw[s] The Candidate Agreement Filed With The Commission …”

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McCain Campaign's Position On Withdrawing From Matching Funds System:

The Federal Election Commission (FEC) has repeatedly held that candidates who enter the Presidential Primary Matching Funds System have a right to withdraw, provided they do so before the United States Treasury pays them the funds and provided they do not use the matching fund certificates they hold as collateral for a loan. The campaign has been paid no funds by the United States Treasury and never used the certificates issued by the FEC as collateral for its bank loan. Previous candidates in this situation include Democratic National Committee Chair Howard Dean, who entered and then withdrew from the primary funding system in the 2004 election, and Congressman Dick Gephardt, whose campaign obtained an advisory opinion from the FEC in 2003 stating they could withdraw from the system and then re-apply for re-entry. The right to withdraw from the system is a constitutional right, which prevents the FEC from blocking Senator McCain's withdrawal without cause.

Senator McCain notified the FEC and the United States Treasury of his withdrawal from the system in a letter dated February 6th. The current dispute is simply over whether the FEC has to take any action in response to the withdrawal notice. It is clear to the campaign, as it is to a number of FEC experts, that no FEC action is necessary in response to Senator McCain's notice of withdrawal given the constitutional nature of the right. In our view, the Senator's letter is all that is legally required to exit from the system. FEC Chairman Mason, who does not represent the official view of the Commission due to the current lack of a quorum, has written a letter to the campaign in which he states his belief that the FEC must formally vote to accept the withdrawal. In either case the result is the same: the campaign will be out of the public funding system either because of the letter sent on February 6th, or because of a future vote by the Commission acknowledging the letter.

Nevertheless, the campaign is fully responding to Chairman Mason's request for information and is confident that the new commissioners, when appointed and confirmed, will take whatever action they conclude is necessary to confirm Senator McCain's withdrawal from the system as of February 6, 2008.