Obama Raffle Video Not Legal, Election Law Experts Say
A video of President Barack Obama filmed in the White House and included in a fundraising e-mail sent to supporters is not legal, two election law experts told CNSNews.com.
The video was included in an e-mail sent to supporters of President Obama promoting a fundraising drive that offered participants a chance to win an invitation to dinner with Obama and Vice President Joe Biden.
The video was filmed in the White House and, because it is intended to raise funds, constitutes a violation of federal law, according to two election law experts contacted by CNSNews.com.
“I think this is a violation [of the law],” Cleta Mitchell, a member of the American Bar Association’s election law committee, told CNSNews.com.
“It is a specific prohibition on solicitation [of money] by the president, the vice president, or any member of Congress on any federal property,” she said.
According to federal law (Title 18, subsection 607 U.S.C.), “It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties.”
The White House contends that the video is legal, noting that the Justice Department’s Office of Legal Counsel (OLC) issued a memo in 1979 explaining that the president can solicit funds in the White House, so long as he does so in the residential portion of the mansion, not in a room used for official business.
However, Hans von Spakovsky – former member of the Federal Election Commission and a Heritage Foundation legal analyst – told CNSNews.com that that exemption may not apply in this case because it appears that the video was not filmed in an area where the president actually lives.
Read more at CNSNews.com
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Comments
Of course it's illegal,
Submitted by 4eyes50 on Fri, 07/01/2011 - 8:50am.
it was filmed in the Map Room, which is not part of the residence (unless that's changed, too!). But, who is going to call him on it? The man seems untouchable - I can't remember ever witnessing anything like this in my lifetime. The things that this president has gotten away with saying and doing are just beyond believable. I keep thinking I'm living in a movie, and that the part where the plot twist comes is going to happen any moment.
How can we endure another 18 months of this?
When I saw a tape of Jeremiah Wright on Hannity's show in February 2008, I realized that this was not going to be a "normal" election. The more I learned of this man, BHO, the more my fears deepened. His blatant disdain of the Constitution and his eagerness to change it are mounting every day. He stated once during his campaign that he wanted to either change it or abolish it altogether. He wants to rule as a dictator, he doesn't want to acknowledge any law but his own. If we're not careful, he may accomplish this before too long.
I want a true conservative in office next time, but I don't care who the nominee is. ANYTHING will be better than what we have now. A-N-Y-T-H-I-N-G!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
He stated once during his
Submitted by motherbelt on Fri, 07/01/2011 - 9:13am.
He stated once during his campaign that he wanted to either change it or abolish it altogether.
I'm not an Obama supporter, but if you are going to make a statement like that, I hope you are prepared to back it up.
Madam,
Submitted by 4eyes50 on Fri, 07/01/2011 - 9:43am.
you are right. I am researching now. If I am incorrect, I will apologize. Thank you for pointing out that I cannot make statements that I can't support. Sorry for making rash statements before thinking or having my facts in order. I will get back to you shortly.
(Please see my post at 9:38)
What he said
Submitted by jon_torlin on Fri, 07/01/2011 - 9:34am.
I think he was referring to how Soetoro complained about how the Bill of Rights/Constitution didn't allow for redististribution of wealth.
This might be what he was talking about. Scrap Constitution
-Jon
Thank you
Submitted by 4eyes50 on Fri, 07/01/2011 - 9:41am.
yes, I reviewed everything he has said. I think it was the way I interpreted what he said I was remembering, not what he actually said. I will not make that mistake again. Thank you for holding my feet to the fire - I dislike it immensely when I am misquoted, I would hate to have that on my conscience.
misquote
Submitted by jon_torlin on Fri, 07/01/2011 - 9:47am.
It's one thing to misquote something, at least you're strong enough to admit the mistake(not really sure if there was one here) but there are people that will say things at the drop of a hat that have no bearing on reality(mo comes to mind) and NEVER admit that they are wrong despite evidence to the contrary.
However, you are correct about the dictator in chief in what he wants to do and he's getting away with it in broad daylight now, not in the dead of night. His saying alone that he didn't need Congress is a very telling statement that people are apparently ignoring for whatever reason(ignorance won't be bliss).
-Jon
Yeah,
Submitted by 4eyes50 on Fri, 07/01/2011 - 9:50am.
that's what I meant to say. Gotta learn to THINK before I type. Sometimes the right hand doesn't know what the left is doing. My face was burning, though. I felt I was back in school. (Ha!Ha!) I appreciate the feedback. It goes a long way with me.
Thanks for looking into that
Submitted by motherbelt on Fri, 07/01/2011 - 12:38pm.
Thanks for looking into that and updating.
Also, that wasn't during his campaign; it was back in 2001.
OK, you get a break this time; no rap on the knuckles (I went to Catholic school). ;-)
And jon, I don't see anything at that link about "scrapping" the Constitution. Complaining about its "deficiencies" but not getting rid of it.
I think he much prefers to just do an end run around things he doesn't like, or ignore them altogether, just like he recently.
To him, these legal things are just suggestions and opinions, which he will duly consider, and then make HIS decision.
Yeah, you're right
Submitted by jon_torlin on Fri, 07/01/2011 - 12:58pm.
Yeah, that was just in the headline of the article by the writer who made an inference, but it's not too much of a stretch that he doesn't want it around considering his upbringing to hate America by communists and Marxists as well as his Islamic background.
All those things are the antithesis to what the Constitution stands for. Of course, if he really does think it's just "suggestions and opinions," that alone also violates his oath of office to the POTUS and the Constitution.
Honestly, I have yet to see him actually adhere to it. I mean for real, not just making some sort of token effort.
-Jon
no rap on the knuckles
Submitted by Dan The Man 2 on Sat, 07/02/2011 - 9:51pm.
no rap on the knuckles
Some people pay big money for treatment like that.
So, he made a campaign statement
Submitted by TheHistorian on Fri, 07/01/2011 - 12:15pm.
He also stated a lot more in campaign, including his opposition to the requirement that all buy health insurance. If he wants to change something, maybe he could write an executive order; he doesn't need Congress to pass laws is what he has also displayed.
He is just another little tin pot dictator that is screwing this country as much as he can.
Dennis Prager
I'm sure the Justice department will get right on this...Oh Wait
Submitted by FreeEnterprise on Fri, 07/01/2011 - 8:56am.
So, Obama ignores judges, (drilling ban in gulf) fundraises while "focused like a laser" on jobs (from the golf course) blames "fat cats" for his shortcomings (while his family globe trots around the world on our dime) and puts our economy in greater peril by STILL attempting to prove that Keynesian economics work. (as his economists leave his employ to go back to their cushy university jobs where they can corrupt our childrens minds with this indoctrination of idiocy.)
And Obama gives MORE money to Acorn... Illegally.
Liberalism is a mental disorder.
I'm sure Obama cleared the
Submitted by Dan The Man 2 on Fri, 07/01/2011 - 8:58am.
I'm sure Obama cleared the video and location with his legal counsel so everything is hunky dory. 4eyes the transformation is continuing and will continue when Obama is selected in 2012.
Then wake me in 2020...
Submitted by 4eyes50 on Fri, 07/01/2011 - 9:02am.
I'm going to pull a Rip van Winkle!!!
*Sigh* I can't - I've got to do everything I can to make sure this man is NOT re-elected.
I'm sure that, just like he
Submitted by motherbelt on Fri, 07/01/2011 - 8:59am.
I'm sure that, just like he decided to ignore legal counsel on Libya and the War Powers Resolution, he will decide to ignore it on this too.
If the president does it, it's not illegal, right?
You forgot an ignore
Submitted by Blonde on Fri, 07/01/2011 - 10:48am.
....he ignored his generals on the Afghanistan draw-down, too.
Only Carney tried to lie and say this was a choice of the "options" presented to Obama...he didn't go with any of the presented options.
KMA you generals!
Handy Reference Guide to Obama's Gaffes and Goofs ~ Currently Numbering 200 (and Counting)
White House residence?
Submitted by Hoosier Conservative on Fri, 07/01/2011 - 9:21am.
As I remember it from the original NRO report, they busted him because he was sitting in the same room as one of his weekly addresses. What, the president is doing speeches in his bedroom now?
To motherbelt and all posters
Submitted by 4eyes50 on Fri, 07/01/2011 - 9:38am.
I deeply regret my rash statements in my post at 8:50am. I wrote that Obama wanted to change or abolish our Constitution. What he actually said was that he thinks our Constitution is flawed, and should be viewed as a "living document" that should be interpreted with modern times.
I sincerely apologize for making such a brash statement. It was probably my interpretation of what he said, not what he actually said.
From Obama's statements and
Submitted by Dan The Man 2 on Fri, 07/01/2011 - 10:11am.
From Obama's statements and actions he does want to radically change the Constitution.
You Are Not Wrong, Foundatianally Speaking
Submitted by stratman on Fri, 07/01/2011 - 11:45am.
4eyes50:
That the Left, including Obama, view the Constitution as a "living" document is proof they want to change or abolish portions to their capricious ways. They Left, and Obam, will do it by hook or by crook - ie presidential fiat or activist judges - if they can't do it straight on as the Constitution allows for - with amendments.
Obama now knows he is above the law
Submitted by Dave. on Fri, 07/01/2011 - 1:35pm.
...as he has flaunted one law after the another since day one, and the repubs have done nothing but sit their like moss on a log, watching him do it, and have uttered nary a peep.
-Dave
Vote for the American in November