◼ All of the president's named social media accounts, in fact, have been handed over to a non-partisan, not-for-profit group that isn't overly concerned if you didn't notice the transition. - Philip Bump/The Atlantic
As the first sitting President with a Twitter account, the murky handover raises questions that didn't exist ten years ago — can a politician legally hand over his valuable online identity to an outside group? is it ethical? — and makes clear federal regulators are unprepared to answer them....
His Twitter account was created by a staffer on March 5, 2007, two months before he formally announced his presidential candidacy. Throughout that contest, his first term, and second campaign for the presidency, Obama's campaign staff used it to share news about the president's policy priorities and to try and engage Americans in his efforts. Then, in January, it handed the reins to Organizing for Action, a new entity that took over much of Obama's campaign apparatus: website, social media accounts, email list — even the abbreviated shorthand of "OFA." The organization updated the bios associated with the social media accounts ("This account is run by Organizing for Action staff") and then kept tweeting and Facebooking, with a new emphasis on joining — and, ideally, contributing to — the new OFA. Without skipping a beat, a brand-new organization gained millions of followers on social media. It's like the president, mid-conversation, handed his phone to a telemarketer who does a great Obama impression. Or, to be more accurate, one telemarketer — the campaign — handed the phone to another one.
But to the government, OFA and the Obama campaign are very different legal creatures. Organizing For Action was created earlier this year as a 501(c)(4) non-profit under IRS code — the same as other political non-profits, like the conservative groups FreedomWorks and Karl Rove's Crossroads GPS. There are particular things a 501(c)(4) can and cannot do. It can raise scads of money, which is appealing to political organizations. But it cannot expressly advocate for a political candidate, which some organizations tend to consider a bit of an impediment. What a 501(c)(4) can do politically is what's known as issues advocacy, pressuring elected officials and candidates on issues for the "promotion of social welfare." This vague-sounding phrase is legally vague as well, and has generally been interpreted to allow for pretty much any sort of political statement short of "Vote For Candidate X." So if Organizing For Action wants to, say, convince Congress to support background checks, it can send material to voters in a senator's district, requesting that they call their senator and demand he vote the right way....
The president's press office loudly proclaims its commitment to "creating an unprecedented level of openness" in government. "We will work together," it writes, "to ensure the public trust and establish a system of transparency, public participation, and collaboration." As an entity independent of the president, Organizing For Action appears not to be beholden to that mantra.
