Did Liz Cheney Violate FEC Rules During Concession Speech?

Rep. Liz Cheney (R-WY) lost her primary on Tuesday against Trump-endorsed Harriet Hageman. Now, it’s being reported that Liz Cheney may have violated campaign finance rules.

It was reported Tuesday by CNN’s Jeff Zeleny that Cheney’s cinematic concession speech would be shot by James Goldstone, the ABC News President tasked with turning the J6 Committee hearings into a dramatic televised event.

The Cheney speech tonight will be delivered in a picturesque spot outside Jackson. Veteran TV producer James Goldston, an adviser to the Jan. 6 committee, and a film crew are on hand here in Wyoming–as "a friend" of Cheney. From our CNN blog: https://t.co/hmtIbHI9Cm

— Jeff Zeleny (@jeffzeleny) August 17, 2022

As reported by Joel B. Polk of Breitbart, “Anyone who films a candidate may generally do so, under the protections of the First Amendment to the U.S. Constitution.” The kicker? if the film crew is producing a video, especially for a candidate, that counts as a service provided to the campaign.

The services provided by Goldston are likely worth tens of thousands of dollars. In addition, it was also reported by Zeleny that Goldston’s filming was done as a “favor” to Cheney, and thus his services would be classified as an in-kind contribution.

The FEC rules on in-kind contributions explain:

An in-kind contribution is a non-monetary contribution. Goods or services offered free or at less than the usual charge result in an in-kind contribution. Similarly, when a person or entity pays for services on the committee’s behalf, the payment is an in-kind contribution. An expenditure made by any person or entity in cooperation, consultation or concert with, or at the request or suggestion of, a candidate’s campaign is also considered an in-kind contribution to the candidate.

The value of an in-kind contribution—the usual and normal charge—counts against the contribution limit as a gift of money does. Additionally, like any other contribution, in-kind contributions count against the contributor’s limit for the next election, unless they are otherwise designated.

The current limit on contributions is $2,900 per cycle.

Goldston’s services should have to be reported to the FEC on Cheney’s campaign filings, but they also likely exceed the campaign finance limits. She could potentially face an investigation and fines from the FEC if she is found to be in violation.