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The American Future Fund: 2008's version of the SBVT Liars?
Jason Hancock of the Iowa Independent has an investigative report about the American Future Fund which should be of interest to anyone disgusted by the Willie Horton and SBVT Liars brand of slurs which were tossed about in past elections.
In fact, 2 of the principals in the group are directly tied to and responsible for that trash.
The Washington Post reported in March - and [Tim] Albrecht [AFF communications director] confirmed to Iowa Independent -- that Ben Ginsberg, of the high-powered D.C. law firm Patton Boggs, is the group's legal counsel. Ginsberg resigned as chief outside counsel to the Bush-Cheney campaign in August 2004 when it was revealed that he was also providing advice to Swift Boat Veterans for Truth, a group that sponsored error-laden attacks on the military service record of 2004 Democratic presidential nominee John Kerry.
Larry McCarthy, president of D.C.-based media firm McCarthy Marcus Hennings, is AFF's media strategist. In 1988, McCarthy produced the infamous, racially tinged Willie Horton television ad that helped then-Vice President George H.W. Bush bury Michael Dukakis under charges that he was soft on crime.
The organization is currently active in close "congressional races from New York to Louisiana to Minnesota and Colorado. It is one of the most ambitious conservative independent expenditure groups to emerge in 2008. Most observers expect AFF to begin increasing its role in elections around the country, stoking speculation that it will spend heavily to prop up lightly funded Republican campaign committees."
What is of more concern is the manner in which it has been organized with regard to the tax code and FEC reporting requirements.
Because of the way the group is organized under Internal Revenue Service guidelines for nonprofit organizations it does not have to disclose its donors and is not governed by the Federal Election Commission (FEC).
The genesis of the organization in Iowa was the Iowa Future Fund which "gained public attention in March when it ran a series of television and radio ads accusing Gov. Chet Culver of increasing spending by 20 percent over the past two years and raising taxes and fees by $100 million. ... The Iowa Democratic Party filed a complaint with the Iowa Ethics and Campaign Disclosure Board to determine whether the ads constituted political advertising, which would require disclosure of the group's donors. Charlie Smithson, executive director of the Iowa Ethics Campaign and Disclosure Board, said the complaint has not yet been fully settled.
In April, Iowa Future Fund effectively split into two groups: AFF, which focuses on federal races around the country, and the Iowa Progress Project, which puts its resources toward state issues.
Albrecht said AFF and Iowa Future Fund "are completely unrelated." But they share an organizational history. AFF and IFF were incorporated on the same day by the same Virginia law firm. David Kochel served for a time as spokesman for IFF and AFF before becoming president of Iowa Progress Project.
In March, an ad run by AFF in the race between Democrat Al Franken and Republican Sen. Norm Coleman for Minnesota's U.S. Senate seat caused the state's Democratic-Farmer-LaborParty to file a formal complaint with the FEC alleging that the group violated federal election law and that its ads constitute blatant electoral advocacy.
"The American Future Fund is a shadowy nonprofit organization," the complaint said. "It purports to be exempt from tax under section 501(c)(4) of the Internal Revenue Code. But its notion of 'promoting the social welfare' is to send valentines to electorally troubled Republican Senate candidates. The Commission should take immediate steps to enforce the law and expose this group's secret financing to light of day."
Under federal election law, the organization is prohibited from engaging solely in "express advocacy," which would include asking voters to vote for or against a certain candidate. But so long as the ad hasn't been coordinated with a campaign and doesn't outright say "vote for" or "vote against," it is not considered express advocacy, according to Paul S. Ryan, FEC program director for the Campaign Legal Center, a Washington, D.C.-based organization.
"An organization that is careful about how it writes the script of its ad can fly under the radar or stay outside of the net of campaign finance activity," he said.
The ad in question didn't ask voters to vote for Coleman, but rather asked voters to "call Norm Coleman and thank him for his agenda for Minnesota."
[...]
Since running the Coleman ad in Minnesota, AFF has been busy.
In July, ran radio ads in Nevada, asking voters to "call [Democratic] Sen. Harry Reid and tell him to allow a vote" on expanded domestic oil drilling.
Also in July, it ran radio ads asking Colorado voters to call U.S. Rep. Mark Udall, a Democratic candidate for U.S. Senate, and "tell him to stop delaying energy exploration." Last week, AFF launched a television ad critical of Udall's stance on domestic oil exploration.
The group also released a series of three Web ads, asking voters to call U.S. Sen. Chris Dodd, D-Conn., and U.S. Rep. Charles Rangel, D-N.Y., to tell them they "shouldn't get sweetheart deals," referring to accusations that they profited from the mortgage crisis.
In May, AFF officially filed a statement of organization for its own political action committee, called American Future Fund Political Action. Ryan said this is a standard procedure for many nonprofits as it allows them to solicit donations for exclusively "express advocacy" work.
The AFF PAC has used YouTube to distribute a series of ads against Franken in Minnesota (in May), Senate Majority Leader Reid in Nevada (in June), U.S. Rep. William Jefferson and U.S. Sen. Mary Landrieu in Louisiana (in May and July), and Democratic presidential candidate Barack Obama (in May).
However, according to reports filed with the FEC on July 13, the group has raised no money and has had no expenditures, a fact that Ryan called "odd."
It's time to start advertising what the AFF is all over the internet. As the Iowa Independent notes, the AFF discloses "nothing about its leaders, history or membership on its Web site, and it makes little or no effort on public appearances, press conferences and media bookings." So it's up to us to do it for them.
Get ready for the SBVT Liars of 2008: a group called AFF which is short for the American Future Fund.
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