WORTH REPEATING: Colbert Vs. Citizen’s United

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NEW YORK TIMES: In August, during the run-up to the Ames straw poll, some Iowans were baffled to turn on their TVs and see a commercial that featured shots of ruddy-cheeked farm families, an astronaut on the moon and an ear of hot buttered corn. It urged viewers to cast write-in votes for Rick Perry by spelling his name with an “a” — “for America.” A voice-over at the end announced that the commercial had been paid for by an organization called Americans for a Better Tomorrow, Tomorrow, which is the name of Colbert’s super PAC, an entity that, like any other super PAC, is entitled to raise and spend unlimited amounts of soft money in support of candidates as long as it doesn’t “coordinate” with them, whatever that means. Of such super-PAC efforts, Colbert said, “This is 100 percent legal and at least 10 percent ethical.”

Just as baffling as the Iowa corn ads — at least to the uninitiated — were some commercials Colbert produced taking the side of the owners during the recent N.B.A. lockout. These were also sponsored by Americans for a Better Tomorrow, Tomorrow, but they were “made possible,” according to the voice-over, by Colbert Super PAC SHH Institute. Super PAC SHH (as in “hush”) is Colbert’s 501(c)(4). He has one of those too — an organization that can accept unlimited amounts of money from corporations without disclosing their names and can then give that money to a regular PAC, which would otherwise be required to report corporate donations. “What’s the difference between that and money laundering?” Colbert said to me delightedly. […] Referring to the Supreme Court ruling that money is speech, and therefore corporations can contribute large sums to political campaigns, Colbert said, “Citizens United said that transparency would be the disinfectant, but (c)(4)’s are warm, wet, moist incubators. There is no disinfectant.”

Colbert’s abettor in his super-PAC efforts is, of all people, Trevor Potter, a Washington lawyer who is a former chairman of the F.E.C. and was general counsel to John McCain during the 2000 and 2008 presidential campaigns and has become Colbert’s personal lawyer.  “Aren’t lawyers allowed to have fun?” Potter asked me a few weeks ago, adding that he knew what he was signing up for by appearing on the show. He also said he thought that Colbert was serving a useful function. “I’m very careful not to ascribe motive to him — he can speak for himself,” he said. “I don’t know what he’s thinking. He can find the laws ironic or funny or absurd. But he’s illustrating how the system works by using it. By starting a super PAC, creating a (c)4, filing with the F.E.C., he can bring the audience inside the system. He can show them how it works and then leave them to conclude whether this is how it ought to work.” MORE

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