MUR #4544

RESPONDENTS: Clinton/Gore '96 Primary Committee, Inc.; Clinton, William Jefferson; Clinton/Gore '96 General Committee, Inc.; DNC Services Corporation/Democratic National Committee; Gore, Albert, Jr.; Pensky, Carol; Pollitt, Joan

COMPLAINANT: Roczen Carley, Rebecca, M.D.

SUBJECT: Contributions-Excessive; Contributions-Prohibited; Expenditures-Coordinated; Expenditures-Exemptions; Presidential; Non-federal; Soft Money

DISPOSITION: Decided by vote 4-0 to: 1) In MUR 4713, find no RTB that the Clinton/Gore '96 Primary Committee, Inc., and Joan Pollitt, as treasurer; the Democratic National Committee, and Carol Pensky, as treasurer; President William J. Clinton and Harold M. Ickes, Esquire violated any statue or regulation within the jurisdiction of the Federal Election Commission with respect to the allegations unrelated to the advertisements funded by the Democratic National Committee. 2) In MUR 4713, find no RTB that Harold M. Ickes violated any statute or regulation within the jurisdiction of the Federal Election Commission. 3). In MURs 4407 and 4544, take no further action and close the files. 4) In MURs 4713 and 4970, close the files. 5) Issue a Statement of Reasons for MURs 4407, 4544 and 4713. 6) Approve the appropriate letters, as recommended in the General Counsel Report dated March 3, 2000.
Decided by vote 5-0 to 1. Authorize OGC to enter into negotiations with respondents the Clinton/Gore '96 Primary Committee, Inc., and Joan Pollitt, as treasurer, the Clinton/Gore '96 General Committee, Inc., and Joan Pollitt, as treasurer, President William J. Clinton, Vice President Albert Gore, Jr., and the Democratic National Committee and Carol Pensky, as treasurer, to draft stipulations which will be binding in MURs 4407 and 4544 and in any subsequent civil action arising from these MURs, as recommended in the GC Memorandum dated July 20, 1998. 2. Stay the subpoenas and orders issued to respondents the Clinton/Gore '96 Primary Committee, Inc., and Joan Pollitt, as treasurer, the Clinton/Gore '96 General Committee, Inc., and Joan Pollitt, as treasurer, President William J. Clinton, Vice President Albert Gore, Jr., and the Democratic National Committee, and Carol Pensky, as treasurer, and to non-respondent witnesses Erskine Bowles, Harold Ickes, William Knapp, Peter Knight, Terrence McAuliffe, Leon Panetta, Marius Penczner, Mark Penn, Douglas Schoen, Hank Sheinkopf, Doug Sosnik, Robert Squier, Betsy Steinberg, George Stephanopoulos, the November 5 Group, Inc., Squier Knapp Ochs Communications, Inc., and the Executive Office of the President in MURs 4407 and 4544, and agree to stay the issuance of any further discovery to them, while such negotiations are ongoing, contingent on the respondents agreeing to toll the limitations period for a civil action arising from the MURs during the same period of time. 3. Authorize OGC to renew the agreement to stay discovery and toll the limitations period while negotiations are progressing, as recommended GC Memorandum dated July 20, 1998. 4. Approve the appropriate letters, as recommended in the GC Memorandum dated July 20, 1998.
Decided by vote 5-0 to 1. Deny the Motion to Quash submitted by Erskine Bowles. 2. Approve the appropriate letter, as recommended in the GC Memorandum dated June 25, 1998.
Decided by vote 4-0 to 1. Deny the motions to quash submitted by President Clinton, Vice President Gore, the Clinton/Gore '96 Primary Committee, Inc., and Joan Pollitt, as treasurer, the Clinton/Gore '96 General Committee, Inc., and Joan Pollitt, as treasurer, the Democratic National Committee, Harold Ickes, William Knapp, Peter Knight, Terrence McAuliffe, Leon Panetta, Marius Penczner, Mark Penn, Hank Sheinkopf, Douglas Shoen, Doug Sosnik, Robert Squier, Betsy Steinberg, George Stephanopoulos, the November 5 Group, Inc., Squier Knapp Ochs Communications, Inc., and the Executive Office of the President; 2. Modify the subpoenas to limit the request for information to refer only to communications which reference a clearly identified candidate, and direct the GC office to include an explanation that demonstrates that reference to an individual by office or by pictorial reference or similar types of references would be a reference to a clearly identified candidate; 3. Grant the motion to modify as set out in recommendation number 2 of the GC May 4, 1998 memorandum to the Commission; 4. Grant in part the requests for extensions submitted by President Clinton, Vice President Gore, the Clinton/Gore '96 Primary Committee, Inc., and Joan Pollitt, as treasurer, the Clinton/Gore '96 General Committee, Inc., and Joan Pollitt, as treasurer, the Democratic National Committee, Harold Ickes, William Knapp, Peter Knight, Terrence McAuliffe, Leon Panetta, Marius Penczner, Mark Penn, Hank Sheinkopf, Douglas Shoen, Doug Sosnik, Robert Squier, Betsy Steinberg, George Stephanopoulos, the November 5 Group, Inc. and Squier Knapp Ochs Communications, Inc, and direct the movants to respond to the subpoenas within twenty days of the mailing of the notifications; 5. Approve the appropriate letters as recommended in the GC May 4, 1998 memorandum to the Commission; 6. Grant the Office of Office of GC contingent suit authority to file suit to enforce subpoenas in MURs 4407 and 4544 against any respondent or witness who fails to comply with them.
Decided by vote 5-0 to approve the subpoena for the Florida Democratic Party, as recommended in the GC Memorandum dated March 19, 1998.
Decided by vote 5-0 to 1. Find RTB that the Democratic National Committee and Carol Pensky, as treasurer, made excessive contributions to the Clinton/Gore '96 Primary Committee, Inc. and President William J. Clinton in violation of 2 U.S.C. 441a(a)(2)(A); 2. Find RTB that the Clinton/Gore '96 Primary Committee, Inc., its treasurer, Joan Pollitt, and President William J. Clinton accepted excessive contributions from the Democratic National Committee in violation of 2 U.S.C. 441a(f); 3. Find RTB that the Clinton/Gore '96 Primary Committee, Inc. its treasurer, Joan Pollitt, and President William J. Clinton exceeded the expenditure limitation for the 1996 Presidential nominating process in violation of 2 U.S.C. 441a(b)(1)(A) and (f) and 26 U.S.C. 9035(a); 4. Find RTB that the Democratic National Committee and Carol Pensky, as treasurer, exceeded the coordinated party expenditure limitations in violation of 2 U.S.C. 441a(f).; 5. Find RTB that the Clinton/Gore '96 General Committee, Inc., its treasurer, Joan Pollitt accepted excessive contributions from the Democratic National Committee in violation of 2 U.S.C. 441a(f); 6. Find RTB that President William J. Clinton and Vice President Albert Gore, Jr. accepted excessive contributions from the Democratic National Committee in violation of 2 U.S.C. 441a(f); 7. Find RTB that the Clinton/Gore '96 General Committee, Inc., its treasurer, Joan Pollitt exceeded the expenditure limitation for the 1996 Presidential general election in violation of 2 U.S.C. 441a(b)1(B) and 441a(f); 8. Find RTB President William J. Clinton and Vice President Albert Gore, Jr. exceeded the expenditure limitation for the 1996 Presidential general election in violation of 2 U.S.C. 441a(b)(1)(B) and 441a(f); 9. Find RTB that the Democratic National Committee and Carol Pensky, as treasurer, failed to properly report coordinated party expenditures and contributions that it made to the Clinton/Gore '96 Primary Committee, Inc. and to the Clinton/Gore '96 General Committee, Inc. and President William J. Clinton in violation of 2 U.S.C. 434(b)(4); 10. Find RTB that the Clinton/Gore '96 Primary Committee, Inc. and its treasurer, Joan Pollitt, failed to report in-kind contributions that it received from the Democratic National Committee as contributions and expenditures, in violation of 2 U.S.C. 434(b)(2)(C) and 434(b)(4) and 11 C.F.R. 104.13(a)(1) and 104.13(a)(2); 11. Find RTB that the Clinton/Gore '96 General Committee, Inc. and its treasurer, Joan Pollitt, failed to report in-kind contributions that it received from the Democratic National Committee as contributions and expenditures, in violation of 2 U.S.C. 434(b)(2)(C) and 434(b)(4) and 11 C.F.R. 104.13(a)(1) and 104.13(a)(2); 12. Find RTB that the Democratic National Committee and its treasurer, Carol Pensky, disbursed funds from its non-federal account in connection with a federal election in violation of 2 U.S.C. 441b(a) and 11 C.F.R. 102.5(a); 13. Find RTB that the Clinton/Gore '96 Primary Committee and its treasurer, Joan Pollitt, the Clinton/Gore '96 General Committee and its treasurer, Joan Pollitt, President William J. Clinton and Vice President Albert Gore knowingly accepted prohibited contributions in violation of 2 U.S.C. 441b(a); 14. Authorize OGC to depose the following individuals: Dick Morris, Robert Squier, William Knapp, Erskine Bowles, Leon Panetta, Harold Ickes, Terry McAuliffe, Jo Miglino, Hank Sheinkopf, Marius Penczner, Mark Penn, Doug Schoen, George Stephanopoulos, Doug Sosnik, Jamie Sterling Betsy Steinberg, Marsha Scott, and Peter Knight; 15. Authorize OGC to subpoena documents from the following individuals and entities: Dick Morris, Robert Squier, William Knapp, Erskine Bowles, Leon Panetta, Harold Ickes, Terry McAuliffe, Jo Miglino, Hank Sheinkopf, Marius Penczner, Mark Penn, Doug Schoen, George Stephanopoulos, Doug Sosnik, Peter Knight, Jamie Sterling, Betsy Steinberg, Marsha Scott, the Clinton/Gore '96 Primary Committee, Inc., and its treasurer, Joan Pollitt, the Clinton/Gore '96 General Committee, Inc., and its treasurer, Joan Pollitt, the Democratic National Committee, and its treasurer, Carol Pensky, Squier Knapp Ochs Communications, the November 5 Group, Inc., President William J. Clinton, Vice President Al Gore, Jr., and the Executive Office of the President; 16. Approve the subpoenas recommended in the GC January 20, 1998 memorandum; 17. Approve the Factual and Legal Analyses recommended in the GC January 20, 1998 memorandum; and 18. Approve appropriate letters.