Sam Youngman’s Hit Piece on Fred Thompson

Today Sam Youngman posted a piece at TheHill.com entitled “Thompson’s ‘testing’ ploy raises eyebrows” in which he questions the validity of Fred’s “testing the waters” effort.

This article takes a foul tone right from the headline. The use of the word “ploy” to describe a perfectly legal phase is deplorable.

Mr. Youngman in an obvious attempt to gin up a fake scandal and try in vain to derail a potential Thompson candidacy uses unnamed sources in a “what if” style of “lets throw it out there and see if it sticks” subtle attack.

Read On...

Former Sen. Fred Thompson (R-Tenn.) may be violating Federal Election Commission (FEC) laws by failing to report funds raised in the second quarter, which ends tomorrow — giving his probable presidential campaign a one-month fundraising advantage over his rivals in the third quarter.

Republican or Democratic rivals could file a complaint against Thompson if he enters the 2008 presidential race and it becomes apparent that he spent the month of June campaigning rather than wrestling with the decision to run.

Thompson is operating under the “testing the waters” clause of FEC laws, allowing him to raise money, travel and conduct polling to determine whether a bid is feasible. If he were to start campaigning, he officially would become a candidate, subject to filing requirements.

The law, however, is vague when it comes to the difference between testing the waters and all-out campaigning.

No sir the law is actually quite clear. The FEC spells it out and you even selectively quoted from it...

It reads:

Certain activities, however, indicate that the individual has decided to become a candidate and is no longer testing the waters. In that case, once the individual has raised or spent more than $5,000, he or she must register as a candidate. Note that, when an individual decides to run for office, funds that were raised and spent to test the waters apply to the $5,000 threshold. Campaigning (as opposed to testing the waters) is apparent, for example, when individuals:

• Make or authorize statements that refer to themselves as candidates (“Smith in 2006” or “Smith for Senate”);

• Use general public political advertising to publicize their intention to campaign;

• Raise more money than what is reasonably needed to test the waters or amass funds (seed money) to be used after candidacy is established;

• Conduct activities over a protracted period of time or shortly before the election; or

• Take action to qualify for the ballot. 100.72(b) and 100.131(b).

Contribution Limits and Prohibitions

Funds raised to test the waters are subject to the Act’s contribution limits. Moreover, the individual who is testing the waters may not accept funds from prohibited sources. 100.72(a) and 100.131(a).

Limits

Keep in mind that contribution limits apply to all the support given to an individual who is testing the waters, even donations from a family member or friend. (See the chart on contribution limits in Chapter 4.) The limits apply, for example, to:

• Gifts of money, goods and services;

• Loans (except bank loans);

• Certain staff advances until repaid. See page 75 for more information on staff advances;

• Endorsements and guarantees of bank loans; and

• Funds given or personally loaned to the individual to pay for his or her living expenses during the testing-the-waters period (AO 1978–40). 100.52(a)

I find it interesting that Mr. Youngman only cites the fact that Fred attended a fundraiser in Nashville and his hiring of a Midwest/Northeast finance director to back up his claim.

I also find it interesting that Mr. Youngman made no specific reference to other candidate’s lengthy “testing the waters” phases. One that comes to mind is Hillary Clinton's so-called “Listening Tour”

Hillary Rodham Clinton's "listening tour" of New York, and the potential Senate candidate said the state had to address the high cost of doing business in the upstate region.

Mr. Youngman also sites unnamed sources who question the validity of the exploratory or testing the waters phase.

One Republican strategist and attorney said Thompson has been “amassing a lot of money, hiring staff and traveling to primary states … all of which is indicative of an ongoing campaign, not deciding whether or not to run.”

The operative added that Thompson’s actions of the last month are “inconsistent with the testing-the-waters phase and more like a candidate.”

Anyone taking bets weather this "operative" exists and if so which presidential campaign they're associated with?

I’m not a lawyer but I believe if the exploratory committee is formed within the last 30 days of the quarter, the reporting requirement is extended to the next quarter making this point moot.

Mr. Youngman did include a statement from Fred’s spokesman Mark Corallo:

Thompson spokesman Mark Corallo took issue with anonymous critics, but said such complaints are wholly without merit.

“All of the Thompson testing-the-waters committee activities have been and continue to be performed pursuant to these regulations which have been on the books for decades,” Corallo said in an e-mail. “I suppose those legal ignoramuses (or is it ignorami?) forgot to check the rules. They could have made a quick call to the [former New York City Mayor Rudy] Giuliani campaign which started out as a testing-the-waters committee this cycle.”

Indeed, most of the current campaigns started out with testing-the-waters phases or exploratory committees. Some continue to operate under the latter distinction, but they are required to report their fundraising totals.

But then continues to imply that somehow Thompson is not acting according to the law and citing precedent for a complaint.

It’s becoming clear that both Republicans and Democrats are extremely worried about a potential Fred campaign for the presidency.

As far as attacks go, this one is weak but it does show the extent some are willing to go to grab some headlines, create scandal out of thin air, and disingenuously report on candidates and potential candidates.

In closing, it’s obvious to me that Mr. Youngman and others will be using these types of “ploys” to try and force the hand of Fred Thompson. My feeling is, they will all be in vain!