Arent Fox’s Brett Kappel Quoted in The Atlantic Wire Discussing “Feud” Between Comedy Central’s Stephen Colbert and Jon Stewart Over Super PAC Money

    January 25, 2012

    Arent Fox’s Brett Kappel, counsel in the firm’s government relations practice, was quoted in the January 24 edition of The Atlantic Wire discussing a pretend feud between Comedy Central's Stephen Colbert and Jon Stewart in which Colbert requested reimbursement of his Super PAC funds.

     The Atlantic Wire reports:

    The latest plot twist in Stephen Colbert's continuing civics lesson on campaign finance came last night: he announced that he would not run for president and demanded Jon Stewart give him back his super PAC but The Daily Show host refused. We asked a lawyer what's going on.

    In a statement, Stewart wrote that the Definitely Not Coordinating with Stephen Colbert Super PAC "is a pile of money, sitting on top of a heap of cash, sitting on top of a mountain of moolah. And I'm going to spend it." So does Colbert have any legal avenues available to getting back his super PAC?

    Brett Kappel, counsel at Washington law and lobbying firm Arent Fox told us, "It would depend on the PAC’s bylaws. The FEC doesn’t require PACs to have bylaws and even if they do they don’t have to disclose them to the FEC."

    "I’m sure that Trevor Potter advised the PAC to have bylaws," he added, "but they may have unusual provisions – like deciding who gets to be on the board of directors by rock-paper-scissors rather than a vote of existing directors."


    To read the full Atlantic Wire article, please click here.