Skip to content
Search AI Powered

Latest Stories

Jeb Bush's PAC Response to Trump’s Lawsuit Threats Is Required Reading

Jeb Bush's PAC Response to Trump’s Lawsuit Threats Is Required Reading
Make us preferred on Google

Last week, David McCraw, vice president and assistant general counsel of the New York Times, slammed Donald Trump in a scathing letter after Trump threatened to sue the newspaper for libel for publishing the detailed accounts of two women who came forward to accuse Trump of sexual assault. The Times letter reminded us of this story.

In December 2015, Trump threatened Miami healthcare magnate Mike Fernandez––a top Jeb Bush political donor––with legal action over Miami Herald newspaper ads that slammed Trump as a "narcissistic BULLYionaire." Fernandez did not notify the Bush campaign of his plans. “You have no idea how furious I am with my friends in the Republican Party who have embraced this guy,” Fernandez, who planned to run similar ads in Des Moines and Las Vegas newspapers, said at the time. Trump's attorney, Alan Garten, also sent a letter to James Robinson, the treasurer of Jeb Bush's Right to Rise (RTR) leadership PAC. Shortly afterward, Charlie Spies, the D.C. based counsel to RTR, sent a response.


In his opening salvo, Spies noted that RTR "has never produced, and has no plans to produce, advertisements against your client, or any political candidate for that matter." He further asserted that RTR was established to support conservative candidates through direct monetary contributions, writing that, in fact, "RTR has made almost $300,000 in contributions since its creation in January 2015. Unlike your client, we only support conservative candidates." (According to a Politifact breakdown, Trump's "loyalties have not been exclusive to Republicans: Trump has given $584,000 over the past 26 years to Democrats and he gave over $961,000 to Republicans over that same time.)

"It is possible you are confusing RTR with any number of federal independent expenditure-only committees (i.e. "Super PACs") that have exercised their First Amendment rights to educate the public about your client's public statements and stances on important public policy issues," Spies continued. He suggested that Garten "consult the Federal Election Commission's ("FEC") website (www.fec.gov) to familiarize yourself about the differences between Leadership PACs and Super PACs, or perhaps skim through the Supreme Court's decision in Citizens United v. FEC or the D.C. Circuit's decision in Speechnow.org v. FEC." (In both decisions, the courts held that freedom of speech prohibits the government from restricting corporations and labor unions from spending as much as they want to convince people to vote for or against a candidate.)

Spies also took Garten to task for what he called "litigious threats and bullying." Should Trump "actually be elected Commander-in-Chief, will you be the one writing the cease and desist letters to Vladimir Putin, or will that be handled by outside counsel?"

As a candidate for President, Spies continued, "your client is a public figure and his campaign should, and will, be fact-checked. The ability to criticize a candidate's record, policies and matters of public importance lies at the heart of the First Amendment, as courts have repeatedly recognized. If you have the time between bankruptcy filings and editing reality show contracts, we urge you to flip through the Supreme Court's decision in New York Times v. Sullivan." (In this decision, the Court held that the First Amendment "protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).")

"If your client is so thin-skinned that he cannot handle his critics' presentation of his own public statements, policies and record to the voting public, and if such communications hurts his feelings, he is welcome to purchase airtime to defend his record," Spies wrote. "After all, a wall can be built around many things, but not around the First Amendment."

Lastly, Spies pointed out that federal candidates are prohibited from using corporate resources for campaign purposes according to the Federal Election Campaign Act and the FEC's regulations. Although Trump "may think he is above the law and be accustomed to using lawsuits to bail out his failed business deals," he wrote, "the Federal Election Campaign Act and the FEC's Regulations nonetheless apply to him and his campaign. Perhaps the attached complaint, filed today, will serve as a reminder of your client's legal obligations under federal election laws. Just as your client is attempting to quickly learn the basics of foreign policy, we wish you personally the best in your attempts to learn election law."

More from People

Donald Trump
Andrew Harnik/Getty Images

New Photos Of Trump On Air Force One Seemingly Reveal His Alarming Plans For The Kennedy Center

Viral photos of President Donald Trump have sparked alarm after they were captured by a Getty photographer, showing President Donald Trump looking at what appeared to be a posterboard presentation about the future of the Kennedy Center.

Only a small portion of the poster board could be seen, but the legible text suggested a connection to the Kennedy Center and included the word “DEMOLISH." The images were captured by Getty Images photographer Brendan Smialowski.

Keep ReadingShow less
Hannah Revels
@hannahhrevels/TikTok

Woman Recounts 'Craziest' Experience At Restaurant While Reality TV Show Was Filming There—And Yikes

There's a saying about being a "jack of all trades" that's popular for a reason: basically, you cannot be the best at everything, and if you try to be the master of juggling too many plates, you're likely to drop some of them.

TikToker Hannah Revels went out for a double date, including her husband and a couple of friends, to a restaurant that she did not disclose. It's supposed to be a nicer restaurant that was recently renovated, and it's also located in Charleston, South Carolina, so celebrity sightings are fairly common.

Keep ReadingShow less
Alexandria Ocasio-Cortez; Mike Johnson; Zohran Mamdani

Mike Johnson Called Out For His Blatant Hypocrisy After Accusing Mamdani And AOC Of 'Laughing' At 9/11 Victims

During a press conference on Tuesday, Republican Speaker of the House Mike Johnson regurgitated a previously disproven claim that New York progressive Democratic Representative Alexandria Ocasio-Cortez and New York City Democratic Socialist Mayor Zohran Mamdani were laughing while the names of victims of the 9/11 terrorist attacks were read during the 25th anniversary commemoration in NYC.

The story first made the rounds of MAGA influencers on the day of the memorial ceremonies.

Keep ReadingShow less
Screenshots from @phlynnmartin's TikTok
@phlynnmartin/TikTok

Guy Sparks Debate After Calling Out 'Nightmare' Date Who Racked Up $330 Bill At Frozen Yogurt Shop In Viral TikTok

TikToker Phlynn Martin may not be crying over spilled milk, but he might be ready to cry over money spent on frozen yogurt.

After going on a first date with "a friend," Martin sat in his car and shared the story of going to the popular Melbourne-based frozen yogurt chain, Yo Chi. He looked increasingly shocked and perplexed over what he clearly perceived as offense after offense to proper dating etiquette.

Keep ReadingShow less
Screenshots from @sailors.mama's TikTok
@sailors.mama/TikTok

TikToker Shares The Outfits She Wore To School Her Senior Year To Hide Her Teen Pregnancy—And Viewers Are Stunned

Most people would agree that high school is tough, from going through puberty and figuring out who you are, to trying to decide what to do for a career and where you might like to go for trade school or college, and maybe experiencing your first love.

Also, going through teen pregnancy during that time takes the high school experience to a whole other level.

Keep ReadingShow less