One aspect that is being under-appreciated in prankgate is that Walker is in serious legal trouble because he asked the person he believed to be billionaire David Koch to run phony "issue advocacy" ads that would benefit Walker and the Republican Party. And he did this solicitation on the taxpayer's dime in the Governor's office.
David Koch, of course is the kingpin of "Americans For Prosperity," which dumps millions of dollars from Koch's corporation, Koch Industries, into Wisconsin and other states in the form of phony "issue advocacy ads." These ads are supposedly done independently and without coordination from GOP officials such as Walker, because it is tantamount to soliciting corporate cash, which is, of course, very illegal... even after Citizens United.
Below is an excerpt from the Alliance for Justice, noting that Citizen United didn't dump the ban on corporations and 501(C)(4)s from directly contributing or coordinating with a campaign. Considering that Wisconsin's campaign finance laws are much more stringent than the Federal law in the area of corporate donations, I'm presuming that this holds in Wisconsin as well:
Citizens United does not allow corporations to make monetary or in-kind contributions directly to candidates for federal office or to coordinate communications with candidates. The prohibition on corporate contributions to candidates and coordinated communications remain intact.
What Walker is asking Koch to do is to make an illegal in-kind contribution in the form of millions spent on political ads. Why is it illegal? Because it is illegal for corporations or their thinly-veiled 501(c)(4)s to donate directly or to make in-kind contributions to campaigns, as stated here by the Wisconsin Government Accountability Board:
An in-kind contribution is any good, service or property offered to the candidate’s campaign free of charge or at less than the usual cost, or payment of a registrant’s obligations for such goods, services or property. For example, if a campaign worker purchases stamps that are used for a mailing and is not reimbursed for the cost of the stamps, the value of the stamps is an in-kind contribution to the candidate’s campaign from that campaign worker.
In-kind contributions are subject to the same itemization thresholds and the same contribution limits as cash contributions.
Certain contributions are prohibited by Wisconsin law. A candidate’s campaign may not accept the following types of contributions:
1. Anonymous contributions of more than $10;
2. Contributions in cash of more than $50;
3. Contributions given in the name of someone other than the contributor (these are laundered contributions);
4. Contributions from cooperatives or corporations;
5. Contributions in excess of the limits set by law.
If you listen to excerpt of the tape (below) you can clearly hear this exchange:
"Koch": So, what else can we do for you guys down there?
Walker: Well, two things
And then after a long Walker bloviatation, he says:
Walker: So one thing, per your question, is the more groups that are encouraging people not to just show up, but to call lawmakers and tell them to hang firm with governor, the better. Because the more they get reassurance, the easier it is for them to vote "yes"".
"Koch": Right
Walker: The other thing is, more longterm, after this, in the coming weeks and months ahead, particularly in more of these swing areas, alot of these guys, they don't necessarily need ads for them, they're going to need a message ad, reinforcing why this thing was a good thing for the economy... so the extent that that message is out, over and over again, obviously is a good thing.
"Koch": Right, right. We'll back you anyway we can.
Walker clearly is heard mentioning the word "ad" twice and the fact that he is referring to the phony "issue advocacy" requirement that people call their law maker is proof that Walker knew exactly what he was asking "Koch" to deliver.
Bottomline? Walker is serious trouble. Remember Tom Delay? Ultimately what he got busted for was funnelling corporate dollars into Texas races-- and that was WITHOUT a smoking gun tape.