A Reason to be Against Donor Disclosure

Several interest groups (Public Citizen, Common Cause and Democracy 21) have lately been trying to persuade Congress to set up an independent ethics panel to police members. They also want Congress to allow outside groups (like themselves) to file ethics complaints with the panel.

A House task force now proposes to grant them their wish. However, the task force also requires any group filing an ethics complaint to the new panel to disclose its donors.

The interest groups are not amused. Craig Holman of Public Citizen told The Hill:  “you can imagine how upsetting this is to the donor community.”

I do not support an independent ethics panel. However, Holman is correct here. A group that filed a complaint would open its donors to retribution by the named member or by his party or allies in Congress. Disclosure might even discourage donors from supporting these interest groups, thereby burdening the contributors’ rights to association and speech.

In fact, I think we should extend Craig Holman’s point to other donors. People who contribute to the campaigns of challengers to incumbents should also not have to disclose their donations. After all, their contribution (like an ethics complaint) threatens a member of Congress and might well bring about retribution.

Sauces, gooses, ganders. If disclosure threatens the interests of the donors to certain influential interest groups that might irritate people in power, surely it also threatens those who contribute to challengers to incumbents. These donors, like your average Common Cause contributor, should also be free of the burden of revealing their political activities to those who might do them harm.