How the FEC can stop the tidal wave of secret political cash

November 16, 2012
the Washington Post

By Trevor Potter, Published: November 16

Trevor Potter was a Republican FEC commissioner from 1991 to 1995, serving as chairman in 1994. A Washington-based lawyer, he has represented Stephen Colbert and appeared on “The Colbert Report” to discuss election law and Colbert’s super PAC.

Don’t blame Citizens United for the worst excesses of this year’s election.

Instead, look to the failures of the Federal Election Commission.

The Supreme Court’s Citizens United decision — which created a constitutional right for corporations to spend unlimited amounts independently of federal candidates or party committees — has been rightly criticized for its legal incoherence, judicial activism and equation of corporations with individuals.