CASE

According to the pundits, the chances are about fifty-fifty that you are going to lose your reelection. A good friend has told you that he has decided to spend $1,000,000 in independent expenditures on your behalf. You give your friend immense thanks, but you let him know that the law prohibits your campaign from coordinating with any Independent Expenditure Committees. You tell him that this is the last that you and he can ever speak of it. Delighted, you mention the good news to your campaign manager in confidence.

The next day you notice new content on your campaign website. It is an open letter to supporters from your campaign manager detailing a campaign wish list of items that their contributions will help buy. The wish list includes content of potential ads and details about potential ad buys in different media markets—information that could prove very helpful to an Independent Expenditure Committee wondering how best to help the campaign. Reasoning that neither you nor your campaign have actually coordinated with the Independent Expenditure Committee, you say nothing to your campaign manager and allow the wish list to remain. The next week another open letter to supporters appears on your website with a new wish list.

Is your conduct ethical?