President Is Wrong on Supreme Court Decision

    January 29, 2010

    WASHINGTON, DC — JANUARY 28, 2009 — Craig Engle, head of the political law practice at Arent Fox LLP, and one of Washington, DC’s most experienced political analysts, said today that the President of United States is wrong in saying that the Citizens United v. FEC will open the floodgates for foreign corporations to spend without limit in our elections.

    “In my opinion, the Court's opinion and existing law make clear that foreign corporations cannot directly or indirectly participate in any American election.” said Engle.

    Current law at 2 USC Section 441e specifically states that foreign corporations cannot make any contributions or independent expenditures in connection with any election in the United States.

    “It's just not correct,” said Engle of the president's statement. “These protections are still on the books.”

    Engle continued: “The Court specifically said it was not deciding the foreign corporations issue. In fact, the opinion suggests the prohibition would stand if they had to decide the point.”

    “Everyone should calm down,” said Engle. “The president just didn't get it right.”

    About Craig Engle

    Craig Engle has more than 25 years experience in political law and campaigns. He served as general counsel to the National Republican Senatorial Committee (NRSC) from 1995-2000; in that capacity, he was responsible for the legal matters of 100 Senate races for a $90 million-per-cycle Republican National Political Party Committee. Craig gave counsel to several presidential campaigns, members of the US Senate, their campaign committees, and candidates on all aspects of election and office-holder laws, including Federal Election Commission (FEC), Federal Communications Commission (FCC), Internal Revenue Service (IRS), lobbying, ethics, incorporation, insurance, and other matters. From 1986-1995 Craig served at the Federal Election Commission as Executive Assistant to a Commissioner, where he oversaw litigation and enforcement matters brought under the Federal Election Campaign Act. Craig authored an amicus brief on behalf of 14 states for the Supreme Court's consideration of the 2003 case, McConnell v. FEC.

    In 2006, 2007, 2008 and 2009, Chambers recognized Craig as one of the nation's leading political law attorneys.

    Craig's substantial knowledge and understanding of campaign finance regulations and election law has led to his being interviewed by reporters at CNN’s Lou Dobbs Tonight, ABC Nightly News, Time, The Washington Post, Finance Week, Legal Times, Money & Politics Report and many other news organizations. He is the author of several articles and regularly consults political campaigns, including the 2008 presidential campaign of John McCain.

    He is a popular writer, speaker, and panelist on a wide range of federal and legislative issues, and serves as a guest lecturer at the Georgetown University Law Center.

    Craig Engle
    Partner
    engle.craig@arentfox.com
    o: 202.775.5791
    c: 202.213.1311