Mike Lillis speculated earlier on whether the far-reaching implications of Citizens United v. the Federal Election Commission could open the door for foreign companies to intervene in American elections. Former FEC Chairman Bradley Smith tells me that, indeed, the decision seems to let foreign corporations spend whatever they like, as long as they find a loophole that protect them from the ban on election spending by foreign citizens.
“To the extent that there may be some foreign corporations that don’t fall under the category of foreign nationals, that might be something Congress can deal with,” said Smith. “I think the court would probably uphold the constitutionality of that. I can’t say for certain that they would.”