House Republicans are raising concerns over the possibility that a super PAC supporting President Joe Biden unlawfully failed to disclose the identities of donors for a major cash transfer from the group's linked dark money group.
The Future Forward super PAC appears to have flouted federal law by not making public the 2021 donors behind roughly $3.4 million it raked in from Future Forward USA Action, an advocacy nonprofit organization that has handed the PAC tens of millions of dollars, legal experts say. It's an alleged discrepancy that could carry weight heading into 2024, given senior Biden adviser Anita Dunn recently dubbed Future Forward "the preeminent super PAC supporting the Biden-Harris agenda," following its $130 million spending move in 2020 on pro-Biden ads against then-President Donald Trump.
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"I’m committed to transparency and accountability," Chairman Bryan Steil (R-WI) of the House Administration Committee, which oversees election laws and is investigating the influence of liberal dark money groups that boosted Biden in the 2020 presidential election, told the Washington Examiner. "For decades, PACs have had to follow disclosure requirements and there’s no exception for groups with ties to Team Biden. Sunlight is the best disinfectant and ultimately helps build Americans' confidence in our elections."
Biden's average approval rating sits at 41.1%, and the first 2024 Republican presidential primary debate, which Trump will not attend, is taking place on Wednesday. The Future Forward super PAC is reportedly primed to be a key vehicle for wealthy donors to back Biden in the 2024 election, which looks likely to be a rematch between the president and Trump.
Legal experts on Monday told the Washington Free Beacon that an IRS investigation is warranted over various alleged errors with Future Forward USA Action's tax filings. Most notably, the nonprofit group disclosed in filings handing $15.3 million in 2021 to the super PAC, which that year alleged in campaign finance filings to have only taken $3.4 million — a $12 million difference in accounting.
"Yes, any organization that appears to be skirting federal transparency laws ought to be investigated," Rep. Ralph Norman (R-SC), a member of the conservative Freedom Caucus, told the Washington Examiner. "I’d imagine if this were a pro-Republican organization, the likelihood of such [an] investigation would be a near certainty."
A source close to the House Administration Committee told the Washington Examiner that oversight of the Federal Election Commission remains one of its top priorities heading into 2024, pointing to a hearing the panel is hosting on Sept. 20. The FEC investigates alleged law violations among groups following complaints being filed, and the committee has "no reason to believe the commission isn’t going to follow established complaint procedures should someone file," according to the source.
In mid-July, Future Forward told the New York Times it had pocketed $50 million in 2023 so far, though the PAC said in campaign filings that it only took in $67,000, providing an indication that the nonprofit group, which hasn't filed 2023 disclosures yet, took in the other funds.
The allegations from attorneys that Future Forward skirted federal law come after Biden, in 2022, labeled dark money a "serious problem facing our democracy" when he endorsed Sen. Sheldon Whitehouse's (D-RI) DISCLOSE Act — which hasn't passed and aims to require super PACs and 501(c)(4) nonprofit groups to publicize the names of donors behind $10,000 or more in an election cycle.
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"There must be an independent audit of both groups for these egregious discrepancies and an investigation and possible enforcement action by both the IRS and the FEC," Paul Kamenar, a lawyer for the National Legal and Policy Center, a conservative watchdog, told the Washington Free Beacon.
Future Forward USA Action did not return a request for comment.