Dan Backer

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Dan Backer
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Basic facts
Current Campaign:Stop Hillary PAC and Great America PAC
Organization:DB Capital Strategies PLLC
Role:Attorney
Location:Washington, D.C.
Expertise:Campaign finance and political law
Education:•University of Massachusetts (B.A. political science, 1999)
•George Mason University School of Law (J.D., 2009)
•George Washington Graduate School of Political Management (master's certificate, PAC management, 2011)[1]
Website:Official website



Dan Backer is a Washington, D.C.-based attorney who specializes in campaign finance and political law. Backer is the founder of the legal firm, DB Capital Strategies. He is also the attorney for the pro-Donald Trump hybrid PAC, Great America PAC, as well as the anti-Hillary Clinton hybrid PAC, Stop Hillary PAC.[2][3]

Backer represented Shaun McCutcheon in the U.S. Supreme Court case McCutcheon v. Federal Election Commission, and serves as the treasurer to the Conservative Action Fund, the Special Operations Speaks PAC and the Tea Party Leadership Fund among others. He previously acted as the treasurer for a pro-Trey Gowdy (R-S.C.) political committee, Themis PAC.[4]

Career

Early career

In 1999, Dan Backer received his bachelor's degree from the University of Massachusetts in political science.[1] He was also a member of the Zeta Psi fraternity and remains active with the organization's alumni program and helped co-found ZP Action (formerly ZetePAC), a PAC that raises funds to support Zeta Psi members.[5][1] In 2005, Backer began law school at George Mason University and graduated in 2009.[1] In 2009, Backer founded The Capitol Foundation, a 501(c)(3) nonprofit organization, which provided scholarships, educational programs, and mentoring for college students in Washington, D.C.[1] Backer followed law school with a master's certification in PAC management for George Washington University, which he completed in 2011.[1] Backer served as a legal policy analyst and subject matter expert in military and overseas voting for the Department of Defense's Federal Voting Assistance Program (FVAP).[6]

In 2010, Backer founded DB Capitol Strategies PLLC, a law firm specializing in campaign finance and political law.[1][7] According to Backer's bio, he has served as counsel for over 40 campaigns, candidates, and PACs, including Stop Hillary PAC, Great America PAC, Stop Pelosi PAC, Stop R.E.I.D. PAC, Draft Newt, Tea Party Leadership Fund, Conservative Action Fund, and the Special Operations Speaks PAC among others.[8][6][9][10]

In addition to his PAC activity, Backer has also acted as legal representation in several campaign finance cases, some before the Supreme Court.

Board membership

Backer serves on the board of legal advisors for The Coolidge Reagan Foundation, for which Backer serves as president and is also the founder. The foundation's chairman is Shaun McCutcheon.[6]

Judicial activity

Campaign finance cases

Carey v. the FEC

See also: hybrid PAC

In 2011, Backer represented Retired Rear Admiral James Carey et al in a case that challenged the FEC with regards to contribution limits and the First Amendment. Backer argued that laws governing campaign contributions "prohibit a nonconnected political committee from soliciting and accepting unlimited contributions to one bank account designated for independent expenditures, while maintaining a second, separate bank account designated for source- and amount-limited contributions to candidates and their authorized political committees."[11][6] The United States District Court for the District of Columbia judge ruled in favor of the plaintiffs; the ruling also resulted in the creation of hybrid PACs or Carey Committees.[6]

Combat Veterans for Congress PAC v. FEC

In 2011, Backer was on the counsel for the case brought forth by the Combat Veterans for Congress PAC, who challenged the FEC's decision to begin enforcement proceedings against the PAC for failure to file reports on time. The FEC imposed $8,690 in fines, which the PAC "argued that the actions of its treasurer at the time made it impossible for CVCP to file its reports on time."[12] The U.S. Appeals Court upheld the decision made by the District Court that the court "found no evidence that the Federal Election Campaign Act (the “Act”) imposed liability on treasurers in their personal capacity to the exclusion of committees and treasurers in their official capacity."[12]

McCutcheon v. FEC

See also: McCutcheon v. Federal Election Commission

In 2013, Backer brought a case against the FEC, representing Shaun McCutcheon et al. The plaintiffs challenged biennial aggregate campaign limits established in 1974 through changes to the Federal Election Campaign Act (1971). The court's 2014 decision, in a 5-4 vote, “struck down the aggregate limits on the amount an individual may contribute during a two-year period to all federal candidates, parties and political action committees combined." Though the decision struck down biennial aggregate limits as unconstitutional, the amount an individual can contribute per federal candidate did not change.[13][14] As a result of the McCutcheon decision, individuals may now contribute to as many federal candidates as they want, but may only contribute up to $2,700 in each case.[13][15]

Stop PAC v. FEC

In 2015, Backer, as part of the legal counsel, filed suit on behalf of Stop PAC (Stop Reckless Economic Instability caused by Democrats) against the FEC. The suit, argued before the United States District Court for the Eastern District of Virginia, had challenged "certain contribution limits set forth in the Federal Election Campaign Act (the Act) as infringing on their First Amendment rights and guarantee of equal protection of the laws under the Fifth Amendment.[16] The court sided with the defendants (FEC) in the case of the First Amendment challenge, noting that PACs "could 'not show that they have suffered a cognizable constitutional injury'," and that Stop PAC et al were still permitted to associate with candidates of their choice, maintaining that "that the monetary contribution limits imposed on them [PACs] as non-multicandidate committees did not violate their First Amendment rights."[16] In regard to the issue of equal protection, the court, siding with the defendants, stated that FEC Act's contribution limits did not violate the plaintiffs’ Fifth Amendment rights "because multicandidate and non-multicandidate PACs are not “similarly situated” as they relate to core political purposes. The court stated that a new PAC could potentially enable circumvention of the contribution limits that apply to individuals giving to candidates if such a non-multicandidate committee were subject to the same $5,000 contribution limit as a more established multicandidate committee."[16]

Other cases

Backer also served as counsel in Stop This Insanity Inc. Employee Leadership Fund v FEC, which challenged solicitation restrictions. The case was turned down by the Supreme Court in 2015 for Writ of Certiorari.[17]

Political activity

Stop Hillary PAC and Rep. Trey Gowdy

See also: Stop Hillary PAC and Terrorist attack on U.S. mission in Benghazi, 2012

In 2013, Dan Backer established the Stop Hillary PAC, in order "to ensure Hillary Clinton never becomes President of the United States."[18][19] Backer also serves as the PAC's counsel.[20][21] According to The Washington Post, Backer had served as a treasurer to a now-defunct political committee, Themis PAC, associated with Rep. Trey Gowdy (R-S.C.)—Gowdy heads the committee investigating the the 2012 terrorist attacks in Benghazi, Libya. Backer is also the treasurer to Conservative Action Fund, the Special Operations Speaks PAC and the Tea Party Leadership Fund, which had all donated $2,000 to Gowdy's campaign in 2015.[4] Reportedly, those contributions to Gowdy's campaign were returned in October 2015. Gowdy had refused earlier contributions from other Backer-linked PACs in May 2015.[4]

The Stop Hillary PAC was vocal about Clinton and her relationship to the Benghazi attacks. The PAC saw the investigation on Benghazi as an early opportunity for pro-Clinton factions to "stonewall" the "truth" with the former secretary of state's then-probable presidential bid in 2016.[22] In January 2014, Stop Hillary filed a complaint with the FEC, arguing that the super PAC Ready for Hillary (Ready PAC) had violated the law when the pro-Clinton committee used Clinton's 2008 campaign email list.[20] In September 2014, the PAC launched an ad campaign attacking Clinton, which aired at the same time as the U.S. House committee began its investigation into Benghazi attacks. The ads aired in New Hampshire, Iowa and South Carolina. The ad asked that viewers sign a subpoena demanding that Clinton testify before the committee.[19]

In October 2015, The Washington Post made inquiries into the relationship between Backer, Gowdy and the Benghazi hearings, after Stop Hillary had made three donations to Gowdy's campaign. Gowdy, having returned the money, stated that "[t]here are certain things in our culture that have to transcend politics, and I don’t mean to sound naive, but the murder of four fellow Americans and an attack on a facility that is emblematic of our country should transcend politics."[4] In response to Gowdy's insistence to not politicize Benghazi, Backer, in an interview, said that "he was not inclined to heed Gowdy’s concerns about politicizing the Benghazi attacks."[4] At the same time, Stop Hillary had released an ad showing the faces of the Americans who had died in Benghazi with a voiceover asking "Dear Hillary Clinton, I’d like to ask you why you ignored calls for help in Benghazi and then four Americans were murdered."[23] The ad aired during the Democratic presidential debate on October 13, 2015.[23]

Rep. Elijah E. Cummings (D-Md.), upon finding out about the links between Backer and Gowdy, stated that "[t]hese are shocking new revelations that directly contradict the promise we made to the families of the four brave Americans."[4]

Great America PAC

See also: Great America PAC

The pro-Donald Trump hybrid PAC, Great America PAC, was founded in February 2016, by Jewelry Exchange CEO, William Doddridge, and former Tea Party Express chairwoman, Amy Kremer. Backer was brought on as the PAC's attorney.[2] The PAC was active in promoting Trump, but was also questioned by Trump's lawyers. Initially, the committee had been called TrumPAC, which had to be changed because of the FEC ruling that a candidate's name can not appear in the PAC's name; Trump's lawyers had brought this to the attention of the PAC.[24] In an alleged second interaction, The Wall Street Journal reported that Trump's campaign manager, Corey Lewandowski, stated that Trump's campaign had "disavowed this [Great America PAC] and all PACs," further adding that the campaign had sent a cease-and-desist order to Great America PAC; Lewandowski refused to provide a copy to the Journal.[25] According to the PAC never received any such communication from Trump's campaign or lawyers.[25]

Citizen Revolt hybrid PAC

Backer filed paperwork with the FEC on August 5, 2016, for a hybrid PAC called Citizen Revolt PAC. The statement of organization lists Sarah K. Granger as the custodian of records and designated agent. Granger is a compliance specialist at DB Capitol Strategies.[26][27] Backer is listed as the treasurer of the super PAC.[26] The committee's website displays the line "It's time for the gloves to be removed. We The People are coming!"[28]

Recent news

The link below is to the most recent stories in a Google news search for the terms Dan Backer. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Dan Backer - Google News

See also

External Links

Footnotes

  1. ↑ 2.0 2.1 Politico, "Major GOP donor launches pro-Trump super PAC," January 21, 2016
  2. ↑ CNN, "Stop Hillary PAC asks for investigation into pro-Hillary group," January 22, 2014
  3. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 The Washington Post, "Gowdy’s pleas to keep Benghazi probe above politics have gone unheeded," October 19, 2015
  4. ↑ New York Magazine, "The Campaign-Finance Activist Who Thinks We Need More Money in Politics, Not Less," September 21, 2015
  5. ↑ 6.0 6.1 6.2 6.3 6.4 The Coolidge Reagan Foundation, "Board of Legal Advisors," accessed March 30, 2016
  6. ↑ DB Capitol Strategies, "Dan Backer, Esq.," accessed March 30, 2016
  7. ↑ The Washington Post, "Dan Backer has an anti-Hillary PAC — and says Clinton owes him a heartfelt ‘thank you’," June 4, 2014
  8. ↑ Politico, "The rise of 'scam PACs'," January 26, 2015
  9. ↑ The Washington Post, "Gowdy’s pleas to keep Benghazi probe above politics have gone unheeded," October 19, 2015
  10. ↑ FEC, "Carey v. FEC," accessed March 30, 2016
  11. ↑ 12.0 12.1 FEC, "Combat Veterans for Congress PAC v. FEC," accessed March 30, 2016
  12. ↑ 13.0 13.1 Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
  13. ↑ Oyez, "McCutcheon v. FEC, accessed March 30, 2016
  14. ↑ Federal Election Commission, "Contribution Limits for 2015-2016," accessed May 1, 2015
  15. ↑ 16.0 16.1 16.2 FEC, "Stop Reckless Economic Instability caused by Democrats (“Stop PAC”), et al. v. FEC (District Court)," accessed March 30, 2016
  16. ↑ FEC, "Stop This Insanity Inc. Employee Leadership Fund v FEC," accessed March 30, 2016
  17. ↑ Stop Hillary PAC, "About," accessed February 9, 2016
  18. ↑ 19.0 19.1 The Washington Post, "Anti-Hillary Clinton PAC launches ad campaign to coincide with Benghazi hearing," September 17, 2014
  19. ↑ 20.0 20.1 CNN, "Stop Hillary PAC asks for investigation into pro-Hillary group," January 22, 2014
  20. ↑ FEC, "Statement of Organization, Stop Hillary PAC," accessed February 9, 2016
  21. ↑ Roll Call, "Parties’ Shared Benghazi Goals: Win the Hearings, Control the Narrative," September 17, 2014
  22. ↑ 23.0 23.1 National Review, "Stop Hillary Pac’s Debate Ad: ‘I’d Like To Ask...’," October 14, 2015
  23. ↑ Politico, "Pro-Trump PAC hires GOP veteran as strategist," March 11, 2016
  24. ↑ 25.0 25.1 The Wall Street Journal, "Super PAC Airs ‘Unifier’ Ad to Support Donald Trump," March 22, 2016
  25. ↑ 26.0 26.1 FEC, "Statement of Organization, accessed August 8, 2016
  26. ↑ LinkedIn, "Katie Granger," accessed August 8, 2016
  27. ↑ Citizen Revolt PAC, "Home," accessed August 8, 2016
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