Experts: Actions of Democratic operatives in latest undercover James O’Keefe video are likely not a violation of the law

GettyImages 603233420
GettyImages 603233420

(Chip Somodevilla/Getty Images)

Conservative activist James O'Keefe released another undercover sting video on Monday that he claimed proved Democratic nominee Hillary Clinton illegally coordinated with an outside organization.

But what O'Keefe considered illegal activity is most likely not, election law experts told Business Insider.

The sting video posted by O'Keefe and produced by his organization, Project Veritas, showed Democratic operative Bob Creamer claiming Clinton personally wanted activists dressed up as Donald Duck outside of Trump events to promote that he had not released his tax returns.

The group Creamer tasked with carrying out the work was Americans United for Change, a liberal non-profit.

Creamer, who was contracted by the Democratic National Committee over the summer, ceased his involvement with the DNC after a prior sting video posted by O'Keefe last week showed other operatives under Creamer's purview discussing the inciting of protesters at Republican nominee Donald Trump's rallies.

"In the end, it was the candidate, Hillary Clinton, the future president of the United States, who wanted ducks on the ground," Creamer said in the video posted on Monday. "So by God we would get ducks on the ground."

The Democratic operative also asked the reporter not to repeat to "anybody" and that Clinton "really wanted this duck figure doing this stuff."

Later in the video, Creamer said Clinton's deputy communications director Christina Reynolds called him to discuss deployment of the ducks.

"Christina Reynolds calls, saying, 'I have good news and bad news,'" he said. "'The good news is the candidate would like to have a mascot following around ... Trump. But the bad news is she wants it to be Donald Duck.'"

"My answer is, 'Christina, if the future president wants ducks, we will put ducks on the ground,'" he added.

O'Keefe claimed that those conversations showed that the Clinton campaign had violated the Federal Election Commission's rules regarding coordinated communications. He said that Americans United for Change paying someone to wear the Donald Duck outfit at events, and paying for the costume, count as violations of campaign law, since his video alleged that Clinton said she wanted to see the duck mascot.

Only certain communications are considered coordinated, according to the FEC. On its website, it lists four such examples related to a presidential race:

  • A public communication that expressly advocates the election or defeat of a clearly identified candidate.

  • A communication that is an "electioneering communication" as defined in 11 CFR 100.29 (i.e. a broadcast communication that mentions a federal candidate and is distributed to the relevant electorate 30 days before the primary election or 60 days before the general election).

  • A public communication that republishes, disseminates or distributes in whole or in part campaign materials prepared by a candidate or a candidate’s campaign committee.

  • A public communication made 120 days before a presidential primary election through the general election and: