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

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

Car lights on a dark street
black car on road during night time
Photo by Christian Lue on Unsplash

The Scariest 'We Need To Leave, Now!' Experiences People Have Ever Had

We all have memories of a scary experience we would much rather not have in our memories.

Experiences such as horrific turbulence on a flight or waiting for a loved one in a life-or-death surgery, where there simply was no getting out of.

Keep ReadingShow less
A parking machine, with a care parallel parked on the street behind it.
black car parked on sidewalk during daytime

People Reveal The Secret Loopholes They Exploited Until They Finally Got Fixed

Who wouldn't take an easy route around an everyday inconvenience.

It's hard to imagine anyone would say no to anything that would save them time or money.

Keep ReadingShow less
JD Vance; Picture of Renee Nicole Good at vigil
Celai Gunes/Anadolu via Getty Images; Scott Olson/Getty Images

JD Vance Slammed After Baselessly Claiming Woman Killed By ICE In Minneapolis Was A 'Deranged Leftist'

Vice President JD Vance was criticized after he claimed without evidence that Renee Nicole Good—the woman fatally shot by an ICE agent in Minneapolis on Wednesday—was a "deranged leftist."

Department of Homeland Security (DHS) spokesperson Tricia McLaughlin claimed Good “weaponized her vehicle, attempting to run over our law enforcement officers in an attempt to kill them.” But Minneapolis Mayor Jacob Frey pushed back against this narrative considering witnesses described seeing Good in the vehicle trying to flee officers when she was shot.

Keep ReadingShow less

People Break Down Which Careers Are A Total Relationship Turn-Off

Not every job is a desirable job to a romantic partner.

Even in this day and age, where people are scrambling to find any kind of job, potential romantic partners are compiling a 'not going to happen with me because of what you do list!'"

Keep ReadingShow less
Nicotine pouches now appearing in vending machines
John Keeble/Getty Images

Tech Companies Spark Backlash After Adding Nicotine Pouch Vending Machines As Office 'Perk'

More vacation time. More maternity, paternity, and sick leave. Walking paths and healthy snacks provided for free. Mental health break rooms and emotional support office dogs.

These are great examples of "office perks" that would encourage people to return to an in-office setting.

Keep ReadingShow less