Fahad Khan · March 2019
87 Geo. Wash. L. Rev. Arguendo 1
Each election cycle brings about new fundraising and spending tactics, and with them, new public concern about the corrupting influence of money in politics. But while past concerns have been focused on the origins and volume of money flowing into the campaign sphere, the 2016 presidential election cycle raised a new concern: its destination. Namely, the campaign of then-candidate Donald Trump moved unprecedented amounts of donor money into businesses and vendors from which Mr. Trump himself directly profited. This practice has continued into his presidency. A system like this raises at least the possibility that large donors will donate to a campaign knowing that a substantial portion of their money will be going directly into the candidate’s pockets, and that expectations between donor and candidate will change accordingly. This Note argues (1) that Congress should amend the Federal Election Campaign Act to prohibit these types of expenditures by campaigns and surrounding independent groups; and (2) that doing so would be consistent with First Amendment restraints on regulating campaign-related spending.
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