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Inside the Beltway
by John McCaslin
March 27, 2008
Uh-oh (Updated 2:05 p.m.)
Sen. Hillary Rodham Clinton's campaign says it "has complied with the law" surrounding a fundraising concert that Elton John is scheduled to perform on April 9 in New York City on behalf of the Democratic presidential candidate.
The statement came after Inside the Beltway earlier today questioned whether the New York senator and the British pop music star were violating the Federal Election Campaign Act (FECA), which seeks to "minimize foreign intervention" in U.S. elections by establishing a series of limitations on foreign nationals.
The FECA "prohibits any foreign national from contributing, donating or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. It is also unlawful to help foreign nationals violate that ban or to solicit, receive or accept contributions or donations from them. Persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment."
"There are a series of advisory opinions issued over the years surrounding situations kind of like this, but not exactly like this," FEC spokesman Bob Biersack told Inside the Beltway earlier. "That's the problem with an advisory opinion — they're not the same, but they do provide some sense of where the commission stands."
Today, however, Mr. Biersack called attention to an FEC opinion from 2004 (No. 2004-26) that dealt with a Guatemalan national who became engaged to a U.S. congressman and sought guidance on volunteering for his election campaign.
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In that specific case, the FEC ruled that Zury Rios Sosa could be involved in Florida Rep. Jerry Weller's campaign, provided she not be compensated or else help manage or participate in decisions of his campaign committee.
By contrast, an earlier 1981 FEC decision prohibited a foreign national artist from donating his services in connection with fundraising for a U.S. Senate campaign.
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