"We don't believe there is a contribution limit on [independent expenditure] activity anymore," said Dan Backer, the attorney for Lee's Constitutional Conservatives Fund PAC. But commissioners reacted skeptically. Republican member Don McGahn, perhaps the most vocal opponent of strict campaign finance regulations, said the laws governing contributions to any entity controlled by a federal candidate prohibit unlimited donations.
"Wherever he goes, the contribution limit follows him, essentially," McGahn said.
Backer told National Journal he believes the issue will eventually end up in federal court, the latest salvo opponents of campaign finance regulation have launched at McCain-Feingold and other reform measures.
McGahn acknowledged the probability of a court case during Thursday's hearing.
"I can see a court challenge, maybe equal protection. 'Everyone else gets to do unlimited [independent expenditures]. Why can't Sen. Mike Lee do IEs?'" he said.
FEC: Members Can’t Run Super PACs - Lee attorney says it will end up in court
