Mitt Romney claims campaign finance laws forbid him from saying anything to stop a pro-Romney super PAC called Restore Our Future from airing attack ads targeting Newt Gingrich. The PAC has just unveiled a new hit on Gingrich in Iowa, following up on a devastating ad played repeatedly across the state. The ads are widely crediting will cutting into Gingrich's support in Iowa.
In an MSNBC interview with Romney Tuesday morning, host Joe Scarborough noted that Gingrich has called on Romney to "just tell [the super PAC] to stop the attacks against Newt Gingrich. Will you do that?"
"It's illegal, as you probably know," Romney answered. "Super PACs have to be entirely separate from a campaign and a candidate. I'm not allowed to communicate with a super PAC in any way, shape or form."
"So, you’re not coordinating it in any way?" Scarborough said.
"My goodness, if we coordinate in any way whatsoever, we go to the big house," Romney said.
Is that true? Would it be illegal for Romney to say, in an interview like that on MSNBC, or in a speech, or in some other forum, "I call on all entities putting out ads on my behalf to stop the negative attacks." Would that be illegal? A former chairman of the Federal Election Commission says the answer is no.
"Nothing prevents [Romney] from simply saying he doesn't want the ads run or from criticizing the super PAC for doing it," says Trevor Potter, now a lawyer and advocate of campaign finance reform in Washington.
"Romney is correct that candidates are prohibited from coordinating the content or targeting of advertising with these outside groups," Potter continues. "But that is a very narrow prohibition. The only prohibition is the candidate cannot coordinate with the super PAC on what they put in the ads or where they run them. He can certainly call on them to stop the ads, and that would not constitute illegal coordination."
Of course, even if Romney publicly called on Restore Our Future to stop the ads, there is nothing to stop the super PAC from continuing to air them. But Romney would have other options. The law allows him to raise limited amounts of money for the super PAC; conversely, he could appeal to donors not to contribute. "If Romney really said, 'These are hurting me, they are not helping me, I call on my friends not to contribute to them' -- that would make a big difference," Potter says. Romney has not done that, and in fact has raised money for the super PAC.
The Romney campaign declined to comment.
