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By Barton Lorimor Email | @bartonlorimor
* There are some who appear to be unpersuaded by Sen. Kirk’s explanation as to why a former caregiver also received a paycheck from his re-election campaign, and instead believe the Senator may have violated federal campaign finance law.
In case you missed it yesterday, the Chicago Tribune wrote about the Senator’s live-in caregiver being paid by Kirk on a personal basis but also by Kirk for Senate. Campaign officials said in response the caregiver assisted Kirk in the mornings and evenings, which is why he was paid personally by the Senator. Then during the day the same guy did data entry and event staffing for the campaign - services he was paid for by Kirk for Senate.
It’s an important separation because…
“If the expense existed irrespective of whether Sen. Kirk was a candidate or officeholder, then he cannot pay for it with campaign funds,” Ryan said. “It seems to me that Sen. Kirk had these home care expenses irrespective of his candidacy.”
Kirk’s campaign said the senator personally paid Fombe-Abiko for caregiver services — a total of $29,177 over a 16-month period beginning in September 2013. Those duties varied depending on Kirk’s schedule, but typically involved a few hours in the morning and evening.
They say Fombe-Abiko was paid separately by the campaign for entry-level work such as data entry, driving Kirk to political events and stuffing envelopes.
Mark Brown doesn’t appear to believe such a separation existed…
Anyone who has faced the hardships of taking on a caregiver to assist a disabled or elderly family member could sympathize with Sen. Mark Kirk for dipping into his campaign funds to pay for a full-time helper after his stroke.
…
Although I consider this an improper use of campaign money for personal expenses, I’ve seen worse and can certainly appreciate Kirk could be feeling a financial squeeze, even with his $174,000 annual salary.
In the wake of a massive stroke, Sen. Mark Kirk, R-Ill., needed a caregiver to help him. Kirk paid him through a combination of personal and campaign funds.
The arrangement shows how Kirk was able to leverage his control of his “Kirk for Senate” campaign fund to employ the caregiver.
Most stroke victims do not have the luxury of providing a second job for a caregiver not paid through personal funds. In Kirk’s case, according to a letter from the Senate Ethics Committee, most of the duties of that second, campaign-paid job could be performed at Kirk’s home.
Yes, the guy received paychecks from Kirk personally and the campaign. The Senator isn’t denying that. What they are denying is that the campaign paycheck was for caregiving services.
You might be able to argue that from an optics perspective Kirk and the campaign made a bad move by hiring the guy’s caregiver to work on the campaign, too. It’s fine to be skeptical of the campaign’s explanation, but I haven’t seen anything emerge that would justify dismissing their explanation of the arrangement.
Remember, the Senate Ethics Commission took a look at this arrangement back in 2013 and they found no laws were broken. At that time, Kirk also sought the legal counsel of a former FEC chairman and chief counsel to the Ethics Committee. Here are their thoughts…
From Rob Walker: There is ample precedent for allocating mixed purpose costs between a federal campaign and a federal candidate/officeholder. The Senate Committee on Ethics approved the dual employment arrangement for Senator Kirk and the Kirk campaign as fully permissible under the Senate Code of Conduct.
From Michael Toner: From an FEC perspective, the bottom line is that a campaign cannot pay for any expenses that constitute a prohibited personal use – that is, a use that would exist irrespective of an individual’s campaign for election to federal office or the individual’s duties as a federal officeholder. By separating an employee’s responsibilities into two separate positions, and having Senator Kirk and Kirk for Senate separately an employee for the work that he performs for each position, he has simplified the allocation process and eliminated personal use concerns.
I think what I am saying is similar to Kadner’s point here …
I really don’t care if Kirk paid his caregiver out of his campaign funds, although that could be a violation of some law that prohibits paying someone to do campaign work who is actually doing something else, like helping you on and off the toilet.
If you ask me, that would be a pretty essential service for a candidate recovering from a medical illness, but Kirk’s not making any such claim and, in fact, contends the caregiver’s time was carefully monitored so he was paid out of the campaign funds only when he was working on campaign things, not when he was cooking the senator his meals, or helping him get dressed.
As I pointed out some years ago, as Kirk was recovering from his stroke, I was rooting for him. I happen to believe that anyone, senator or fast-food worker, ought to get the best treatment possible to allow him to recover from such a horrific medical event and then enough time off (with pay) to recover before returning to his job.
* By the way, there could be something to be said of the fact that none of the Democrats vying to take on Kirk have issued their own statement. Make your own deductions, if any, but to me their silence is near-deafening.
Discuss.
posted by Rich Miller
Thursday, Aug 13, 15 @ 11:50 am
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Probably a technical violation of the law, but we’d be living in paradise if all campaign finances were put to such honorable uses.
– MrJM
Comment by @MisterJayEm Thursday, Aug 13, 15 @ 11:58 am
It’s only a story to the whisperers and back-biters that really don’t add much to the process.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 12:11 pm
I agree with MrJM, with one minor modification. I would refer to this as an understandable or reasonable use, not honorable. Not because it’s not honorable to be a caregiver but a recognition that its not a use of campaign money that should be thought of in this respect. I guess I’m picking nits.
Comment by Norseman Thursday, Aug 13, 15 @ 12:18 pm
The Tribbies stand alone in concocting a reason to describe the intimate physical challenges facing Kirk in his recovery..
The Dems would be crazy to latch on to this story. To date, tney’ve had the good sense and decency not to.
Comment by Wordslinger Thursday, Aug 13, 15 @ 12:31 pm
Whisperers….the Kirk haters have been peddlin’
this one for six months until the Tribbies took the bait. The moral of the story Congressman Shock should have called the photag a care giver and all would been well.
Comment by Anonin' Thursday, Aug 13, 15 @ 12:45 pm
The real issue here is that U.S. Senator is an important enough job that if you need a caregiver, you probably shouldn’t be running for another 6 year term.
Comment by GraduatedCollegeStudent Thursday, Aug 13, 15 @ 1:05 pm
===The real issue here is that U.S. Senator is an important enough job that if you need a caregiver, you probably shouldn’t be running for another 6 year term.===
You just got “played” by this story.
That’s exactly the image they want, without anything of substance that says Kirk can’t do what he’s been doing. I’m more interested in the voting record and the duties of the office. All this was… was a tasteless hatchet job masquerading as a campaign finance issue.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 1:10 pm
GCS, why is that?
Comment by Wordslinger Thursday, Aug 13, 15 @ 1:14 pm
Willy got is right - again!
Comment by illini Thursday, Aug 13, 15 @ 1:26 pm
==The real issue here is that U.S. Senator is an important enough job that if you need a caregiver, you probably shouldn’t be running for another 6 year term.==
So, in other words, if you are a disabled American you shouldn’t be running for public office. Got it. That’s pathetic.
Comment by Demoralized Thursday, Aug 13, 15 @ 1:30 pm
This whole situation is just bizarre.
The thing that makes no sense to me is why Senator Kirk hired a staffer with no political experience to do essential work. Yes, he was in the middle of his first term, but duties such as data entry, attending events, going to party meetings and working with senior staff are serious given that Kirk was set on running for a second term. Why hire just some guy? I get that not everyone wants to be a caretaker, but the job in total paid about $70,000 for 16 months. That is a pretty darn good salary for a guy without any political experience and likely no ties to the party or other leadership staffs.
GCS - if my memory serves me correctly, Senator Tim Johnson needed quite a bit of assistance during his recovery and return to a full-time schedule.
Comment by Team Sleep Thursday, Aug 13, 15 @ 1:32 pm
===So, in other words, if you are a disabled American you shouldn’t be running for public office. Got it. That’s pathetic.===
If you’ve got brain damage, which Kirk does have, you shouldn’t hold one of the highest legislative offices in the land. I don’t think this is an unreasonable stance to take.
I think even the people who wrote the ADA would take that stance.
Comment by GraduatedCollegeStudent Thursday, Aug 13, 15 @ 1:33 pm
==If you’ve got brain damage==
He’s brain damaged now? You are a piece of work.
Comment by Demoralized Thursday, Aug 13, 15 @ 1:35 pm
===GCS - if my memory serves me correctly, Senator Tim Johnson needed quite a bit of assistance during his recovery and return to a full-time schedule. ===
He should have stepped down and retired.
Comment by GraduatedCollegeStudent Thursday, Aug 13, 15 @ 1:37 pm
- GraduatedCollegeStudent -,
Please point out where Sen. Kirk has been unable to fulfill the duties of a United States Senator.
I have yet, except from the whisperers and back-biters, *cough* Gidwitz *cough*, to hear from anyone, that Senator Kirk has been anything less than capable since returning to work in the Senate.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 1:38 pm
=======If you’ve got brain damage==
He’s brain damaged now? You are a piece of work. ===
He is. It’s not “PC” to frame it that way, but that’s what happens when you have a stroke. I’m not saying he can’t be a functioning member of society, but you can’t just blindly ignore scientific and medical fact either just because it sounds bad.
Comment by GraduatedCollegeStudent Thursday, Aug 13, 15 @ 1:39 pm
GCS, you’re justifying your position with ignorance. Congratulations.
Comment by Wordslinger Thursday, Aug 13, 15 @ 1:41 pm
==I’m not saying he can’t be a functioning member of society==
Either he can function or he can’t. Which is it?
==you can’t just blindly ignore scientific and medical fact==
I wasn’t aware that it was a scientific and medical fact that just because you have a stroke you lose your mental faculties. I’ve known plenty of people who have had strokes and have retained their ability to think just fine.
Comment by Demoralized Thursday, Aug 13, 15 @ 1:47 pm
“I wasn’t aware that it was a scientific and medical fact that just because you have a stroke you lose your mental faculties”
Not all of them but c’mon you do realize that a stroke is the sudden loss of brain cells due to indadequate blood flow. Decreased mental acuity happens after all severe losses of brain cells.
Comment by Anonymous Thursday, Aug 13, 15 @ 2:04 pm
This conversation is disturbing on a number of levels.
My mother had 2 surgeries for benign brain tumors. And from all appearances anyone would have suspected she had a stroke. Over a period of years her health did decline but she was as sharp as she could be mentally to the very end. The Senators situation is not that much different.
Granted I am a Democrat, but these kinds of attacks on a persons abilities are unwarranted, in my opinion. His record and votes in the Senate are what is important and I hope the voters will take that into consideration.
Sorry for my earlier typo.
Comment by illini Thursday, Aug 13, 15 @ 2:07 pm
@Anonymous:
The dude (or gal) is arguing that a stroke precludes Senator Kirk from serving. I’m calling BS.
Comment by Demoralized Thursday, Aug 13, 15 @ 2:12 pm
- illini -,
Thanks for your kind words and sharing your story.
” - Anonymous - “,
Simple question;
Do you feel the Sen. Kirk is not fulfilling the duties of a member of the United States Senate, and if so, what’s not being fulfilled. Be specific.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 2:16 pm
Mark Brown, I hope you reported the “worse” that you’ve seen.
Comment by CharlieKratos Thursday, Aug 13, 15 @ 2:22 pm
“I have yet, except from the whisperers and back-biters, *cough* Gidwitz *cough*, to hear from anyone, that Senator Kirk has been anything less than capable since returning to work in the Senate.”
That is because Kirk uses it as leverage and Dems won’t take the bait but the Trib sure will take on the 800lb gorilla.
“Kirk said he feels great, and any opponents who question his fitness to serve will regret it.”
“That would not be taken well by the people of Illinois, who would not like that kind of attack,” Kirk said. “That would be an advantage to me if they did that.”
Comment by Anonymous Thursday, Aug 13, 15 @ 2:23 pm
“It’s the only way that Democrats can win in Illinois, is to say, ‘Oh, Kirk has health problems, he’s going to retire,’” he said said. “For Democrats looking at a minority life and seeing that they cannot win in Illinois is so frustrating that they will just assume away any issue. They’ll just say to willing reporters, ‘I think Kirk is going to retire.’”
Comment by Anonymous Thursday, Aug 13, 15 @ 2:24 pm
Um, ” - Anonymous - ”
I asked you a question.
“Do you feel the Sen. Kirk is not fulfilling the duties of a member of the United States Senate, and if so, what’s not being fulfilled. Be specific.”
Anytime you want to get to that, “that would be great”
Comment by Oswego Willy Thursday, Aug 13, 15 @ 2:27 pm
Willy,
How would you or I know? That is the gorilla. For all we know it could be like the situation of our fisrt female president Edith Wilson.
For some months he used a wheelchair and later he required use of a cane. His wife and aide Joe Tumulty were said to have helped a journalist, Louis Seibold, present a false account of an interview with the President.[250]
“He was insulated by his wife, who selected matters for his attention and delegated others to his cabinet. Wilson temporarily resumed a perfunctory attendance at cabinet meetings.[251] By February 1920, the President’s true condition was public. Many expressed qualms about Wilson’s fitness for the presidency at a time when the League fight was reaching a climax, and domestic issues such as strikes, unemployment, inflation and the threat of Communism were ablaze. No one, including his wife, his physician, or personal assistant, was willing to take upon themselves responsibility for the certification, required by the Constitution, of his “inability to discharge the powers and duties of the said office”
Comment by Anonymous Thursday, Aug 13, 15 @ 2:35 pm
” - Anonymous - ”
You make zero sense. Kirk himself is meeting with constituents, reporters, going to the Senate… There’s plebty there to judge.
Your alleged analogy isn’t even remotely close, given the manner, publicly and to the press Kirk himself is available.
Got anything else? Maybe something remotely relevant?
Comment by Oswego Willy Thursday, Aug 13, 15 @ 2:41 pm
Oswego Willy - Thursday, Jun 11, 15 @ 9:25 pm:
Kirk offended women, made it racial, then made a fake apology, and you get to have Kirk be a victim of his own remarks because of the faked apology.
“There’s plebty there to judge.”
Comment by Anonymous Thursday, Aug 13, 15 @ 2:56 pm
Anonymous:
I didn’t see anybody say Kirk was a victim. I think the argument has been that his stroke doesn’t disqualify him from service. I’ve yet to see that refuted.
Comment by Demoralized Thursday, Aug 13, 15 @ 3:01 pm
” - Anonymous - ”
Kirk’s mouth problem is NO different as a Senator, than it was as a Congressman. Blaming verbal gaffes on a stroke is a crutch to try to be “smart” when attacking a man with numerous verbal gaffes, even before he used a cane.
If your argument is Kirk is unfit due to “remarks”, you have no argument.
This isn’t Sophmore year dorm room.
Anytime you want to get to…
“Do you feel the Sen. Kirk is not fulfilling the duties of a member of the United States Senate, and if so, what’s not being fulfilled. Be specific.”
… you just take your time and put a think on that.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:03 pm
Demoralized - Those are OW’s words not mine.
Comment by Anonymous Thursday, Aug 13, 15 @ 3:09 pm
” - Anonymous - ”
What are my words, I never said victim.
You commented…
===Kirk offended women, made it racial, then made a fake apology, and you get to have Kirk be a victim of his own remarks because of the faked apology===
There it is! You seemed to type victim.
Read what you comment. Don’t blame me for your use of words, lol
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:13 pm
Has the Senator actually provided any proof that “data entering and event staffing” actually were provided by his caregiver - this sounds like a very long day for this person. Then these “allocations” could be proven and the matter put to rest.
Comment by atbat Thursday, Aug 13, 15 @ 3:16 pm
I have no way to know if he is fit to serve but quit acting like you are so above the question. Fair or not it is politics.
- Oswego Willy - Friday, Jun 19, 15 @ 1:34 pm:
All that said,
The challenge for Kirk’s Crew is the marrying of Kirk’s remarks to his capacity to be a senator after his illness by Kirk’s detractors.
That’s the challenge.
Do you say the stroke is a factor? Do you say its not a factor and admit Kirk is just prone to saying things that “backfire”?
Comment by Anonymous Thursday, Aug 13, 15 @ 3:18 pm
Ironic Willy-
Those are a cut and paste of your comment, lol. and
Don’t blame me for your use of words, lol again.
Comment by Anonymous Thursday, Aug 13, 15 @ 3:21 pm
” - Anonymous - “,
You are treading towards Troll status.
“Do you feel the Sen. Kirk is not fulfilling the duties of a member of the United States Senate, and if so, what’s not being fulfilled. Be specific.”
That’s the question to you. This isn’t sophnore year in the dorm room inbetween ordering pizza and going out to a party, k? Do you have an answer
As for my June 19th remarks,
Look at the story above. That’s not addressing the challenge, but it IS …
===That’s exactly the image they want, without anything of substance that says Kirk can’t do what he’s been doing. I’m more interested in the voting record and the duties of the office. All this was… was a tasteless hatchet job masquerading as a campaign finance issue.===
That’s what’s at play.
If you can’t see this simple difference, it might be because this is too sophisticated in thinking for you.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:26 pm
As someone who’s interviewed Kirk extensively since his stroke, his mental condition should NOT be questioned. He may dodge questions inartfully, or ramble a bit, or say things that get him into trouble, but that was all true before his stroke.
As for this story, the stuff about the campaign finance concerns is perfectly legitimate, even if it is oppo research.
The stuff about his personal finances or the fact the caregiver has been arrested? I didn’t think that belonged in there. Strangely organized story.
Comment by KL Thursday, Aug 13, 15 @ 3:27 pm
” - Anonymous - ”
1) pick a name
2) if you want to reference past posts, try “=” or something acknowledging that the words aren’t yours.
3) understanding context of today, specifically, and where you are grabbing makes things easier to grasp when read.
Ugh.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:29 pm
I’m soryy Willy I’m still laughing at you for trolling yourself.
If you can’t see the politics going on in the above post you are the one in the dorm room. It unforunately does not matter if he is fit to serve. Insinuating he is not, from his own side none the less, does just as much damage.
Comment by Anonymous Thursday, Aug 13, 15 @ 3:30 pm
” - Anonymous - ”
When you get to the point of answering the question, and get a name, get back to me, or get back to Edith Wilson.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:33 pm
Willy,
Your post, which I cut and pasted above, clearly shows your name and the date and time posted. You just talk out of both sides of your mouth so much it is hard for you to recognize your past contradictions.
Comment by Anonymous Thursday, Aug 13, 15 @ 3:36 pm
Oh, and ” - Anonymous - ”
===- Oswego Willy - Thursday, Jun 11, 15 @ 9:25 pm
- Shoe Searer -,
You should be pleased then;
Kirk offended women, made it racial, then made a fake apology, and you get to have Kirk be a victim of his own remarks because of the faked apology.
I’m not on your lawn either…===
Seems like I was mocking - Shoe Doctor - for making Kirk a victim, I didn’t make him a victim at all. lol.
Context. See how that all works (Banned Word)
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:39 pm
” - Anonymous - ”
Copy what I write, exactly as I wrote it.
You are a Troll now, I won’t feed you. See if Edith Wilson will feed you or if the dorm meal plan has started for the fall semester.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:42 pm
Where did I call Kirk a “victim”
Comment by Anonymous Thursday, Aug 13, 15 @ 3:44 pm
Do. Not. Feed. Trolls.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 3:46 pm
“Copy what I write, exactly as I wrote it.” LOL, as if you practice what you beg for.
Comment by Anonymous Thursday, Aug 13, 15 @ 4:02 pm
Do not feed trolls.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 4:03 pm
Anonymous:
If you’ve got evidence other than Kirk’s goofy statements to suggest he is unfit then provide it. Otherwise shut up already. If we are judging people on goofy statements then we better declare every member of Congress incompetent to serve. This whole conversation is absolutely pathetic.
Comment by Demoralized Thursday, Aug 13, 15 @ 4:21 pm
(Tips cap to - Demoralized -)
Comment by Oswego Willy Thursday, Aug 13, 15 @ 4:22 pm
It may be that Kirk was paying a market-based hourly rate for the caregiver’s services in the mornings and evenings. However, few people want a “job” where they work in the mornings, come back to work more in the evenings, and only earn $22,000 annually. Supplementing the guy’s salary with campaign work from 9-5 allows Kirk to retain him.
Comment by Purple Bear Thursday, Aug 13, 15 @ 4:42 pm
Demoralized - Tuesday, Mar 10, 15 @ 11:08 am:
I defended Senator Kirk against people bringing up his stroke. No more. If he wants to make it an issues everything is fair game now.
Like Ironic Willy this is also kind of ironic. Exact words, pure cut and paste, date and time.
Comment by Anonymous Thursday, Aug 13, 15 @ 4:48 pm
===2) if you want to reference past posts, try “=” or something acknowledging that the words aren’t yours.===
(Banned word)
Comment by Oswego Willy Thursday, Aug 13, 15 @ 4:49 pm
I realize no one likes to hoisted on their own petard but reading is fundamental.
Comment by Anonymous Thursday, Aug 13, 15 @ 4:54 pm
This discussion has gotten a bit viscous, yet has remained fairly civil although very pointed attacks and accusations have been made.
I stand by my comments many hours ago and wish some of the contributors would be more specific, and say exactly what they are implicitly or by implication implying when commenting.
Comment by illini Thursday, Aug 13, 15 @ 4:57 pm
“I realize no one likes when they are called for selected editing but context changes everything.”
Better.
Comment by Oswego Willy Thursday, Aug 13, 15 @ 4:59 pm
Demoralized knows it is a full quote. He knows it pertained to his response to Kirk planning to leverage his stroke in several articles on March 10.
Comment by Anonymous Thursday, Aug 13, 15 @ 5:02 pm
who are you quoting Willy? 2) if you want to reference past posts, try “=” or something acknowledging that the words aren’t yours
Comment by Anonymous Thursday, Aug 13, 15 @ 5:10 pm
Republican paper questioning a Republican senator. Why should Democrats get involved in Republicans eating their own?
Comment by Dr Kilovolt Thursday, Aug 13, 15 @ 6:04 pm