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The commission voted 4-0 to dismiss the complaint against the newspaper owned by billionaire Jeff Bezos—who donated $1 million to Trump's inauguration and cracked down on criticism of the president at the paper.
The Federal Election Commission on Thursday issued a unanimous decision dismissing a complaint by U.S. President Donald Trump's 2024 campaign accusing The Washington Post of "illegal corporate in-kind contributions" to then-Vice President Kamala Harris' failed Democratic presidential campaign.
The campaign finance watchdog OpenSecrets.org reported that the FEC commissioners voted 4-0 to reject the Trump team's allegation that the Post bought social media ads in a bid to boost news articles critical of the Republican nominee.
Lawyers for the Post—which is owned by billionaire Jeff Bezos, who donated $1 million to Trump's inauguration and sat with fellow oligarchs Elon Musk and Mark Zuckerberg at the January swearing-in, and who has cracked down on criticism of the president and his Cabinet at the paper—called the Trump campaign's allegations "speculative and demonstrably false."
As OpenSecrets.org's Dave Levinthal wrote:
Trump's campaign had alleged that The Washington Post was conducting a "dark money corporate campaign in opposition to President Donald J. Trump" and used "its own online advertising efforts to promote Kamala Harris' presidential candidacy... Trump's campaign also argued that the Post was not entitled to what's known as a "press exemption" for political content because it was "not functioning within the scope of a legitimate press entity."
The FEC general counsel's office disagreed and advised the commissioners to dismiss the complaint based on "an internal 'scoring criteria' for agency resources," Levinthal explained, adding that "the Post 'appears to have been acting within its legitimate press function and thus its activities are protected' by federal election laws' exemption for overtly journalistic activities."
"Given that low rating and the apparent applicability of the press exemption, we recommend that the commission dismiss the complaint, consistent with the commission's prosecutorial discretion to determine the proper ordering of its priorities and use of agency resources," the office advised.
"This is an absolutely devastating development on the precipice of the next administration," said one journalist.
Journalists and other critics of how money influences U.S. politics expressed alarm and disappointment in response to Friday reporting that shortly after the nation's latest election, the research nonprofit OpenSecrets had to lay off a third of its staff.
Citing a current staffer, Politico's Daniel Lippman revealed that OpenSecrets "laid off 10 employees yesterday due to financial difficulties" and "much of the research team were among the casualties, which constituted around a third of the group's total headcount."
According to the Politico Playbook newsletter:
Executive director Hilary Braseth wrote in an email to supporters that "OpenSecrets remains committed to its mission—serving as the trusted authority on money in American politics—but our task has become more difficult as groups have opted to fund a partisan outcome rather than nonpartisan democratic infrastructure."
She said in a subsequent email to Playbook that the layoffs were "a necessary first step to make our organization sustainable," and that she had "no doubt that our team will continue to produce the high-quality data that the public has come to rely on."
With a mission "to serve as the trusted authority on money in American politics," OpenSecrets envisions a country in which citizens "use data on money in politics to create a more vibrant, representative, and responsive democracy."
In response to the layoffs, numerous reporters took to social media on Friday to share how they—like Common Dreams—have used what National Public Radio media correspondent David Folkenflik called that "an invaluable resource for many a journalist and researcher—utterly nonpartisan but a source for transparency about money in politics now under financial threat."
"Terrible news!" declared NerdWallet data journalist Joe Yerardi. "The folks at OpenSecrets have helped me so many times on stories. The [organization] does such vital work."
Other reactions included:
Republican President-elect Donald Trump—known for "outright scandals and blatant corruption" during his first term—defeated Democratic Vice President Kamala Harris on Election Day earlier this week, . The GOP also seized control of the U.S. Senate and is on track to win a majority in the House of Representatives.
In a Tuesday analysis, OpenSecrets' Albert Serna Jr. and Anna Massoglia detailed how about $16 billion "went to influence federal elections and another $4.6 billion was raised by state candidates, party committees, and ballot measure committees for 2023 and 2024 elections."
The pair also highlighted Tuesday that this cycle "has broken the record for outside spending," with about $4.5 billion from independent groups such as super political action committees; dark money accounted for over $1 billion in total contributions to organizations like super PACs; top donors had outsize influence; and donations to support or defeat various ballot measures have also set "several records."
Jimmy Cloutier, a former OpenSecrets reporting fellow now at the Pittsburgh Post-Gazette, said Friday in response to the layoffs that "I'm devastated for my former colleagues—and shocked that this news comes just days after the most expensive election in U.S. history."
Investigative journalist Dave Levinthal, who also previously worked for the organization, said that "this is heartbreaking news, not just for us OpenSecrets alums, but anyone who cares about genuinely nonpartisan research and reporting plus political/governmental transparency."
Healthcare Across Borders executive director Jodi Jacobson said Friday that "this is unacceptable and unconscionable and shows how perverse our funding streams are. We can sink over a billion into a political campaign but not fund one of the most critical tools of accountability at a time when we need it most?"
Some responded to the layoff news with calls for donations to OpenSecrets. Filmmaker Adam McKay declared: "Legacy news media has all but blacked out money's outsized control of [government] so this is one of the few places to find out who is bribing your candidate or [representative]. Donate if you can ASAP."
Issue One research director Michael Beckels said: "Care about being able to follow the money in politics? Today would be a good day to donate—or become a monthly donor—OpenSecretsDC, one of the best groups around for understanding the flow of money in state and federal elections."
"Outside group spending this year is almost double the rate of any prior year," noted one critic. "Not a good thing."
Empowered by the U.S. Supreme Court's 2010 Citizens United v. Federal Election Commission ruling allowing unlimited independent financial contributions to support political campaigns, outside spending during the current election cycle has hit a record $1 billion, according to a report published Thursday by the watchdog group OpenSecrets.
"Super PACs and other outside groups that can raise and spend unlimited sums of money have poured about $1.1 billion into 2024 federal elections as of August 15—nearly twice what similar groups spent over the same period in the 2020 presidential election cycle when independent expenditures hit an all-time record," OpenSecrets said.
"More than half of all outside spending during the 2024 cycle—about $585.8 million—has gone into the presidential election, which saw an especially expensive Republican presidential nominating contest," the group added.
"The largest spender, by far, is former President Donald Trump's flagship super PAC, Make America Great Again Inc.," the report notes. "To date, MAGA Inc. has spent about $125.1 million boosting Trump in the presidential election, including nearly $33.2 million attacking his GOP rivals and more than $65.6 million opposing President Joe Biden."
"Future Forward and American Bridge 21st Century, the first and second-largest Democratic hybrid PACs, have spent a combined $74.7 million on the presidential race as of August 15," the publication adds. "Both super PACs pivoted to supporting Vice President Kamala Harris after Biden suspended his campaign last month."
Other key findings in the report include:
AIPAC—which vowed to spend $100 million on 2024 elections—played a key role in defeating Democratic Reps. Jamaal Bowman (N.Y.) and Cori Bush (Mo.) in recent primaries. The group has come under fire for attacking Black and brown members of Congress and for supporting Republicans who took part in Trump's attempt to overturn the 2020 presidential election results.
In an effort to curb the flood of dark money and other outside spending, House Democrats led by Reps. Adam Schiff (Calif.), Pramila Jayapal (Wash.), Dean Phillips (Minn.), and Jim McGovern (Mass.) last year
proposed a constitutional amendment to overturn Citizens United.
" Citizens United was one of the most egregious enablers of special interest money, but it was only the latest in a long line of Supreme Court cases that opened the floodgates," Schiff's office said at the time. "To truly rein in dark money, we must amend our Constitution."