House of Cards Complicates

          With the second season of House of Cards released, binge-watchers—including me—have delved back into the scheming, frenetic, and sometimes violent inner workings of the fictional federal government.   One big question that House of Cards quickly raises is: Are Vice President Frank Underwood’s manipulative tactics and all that follows reflective of how the government and legal system really work?

            The answer, in short, is no.  (BEWARE, spoilers are ahead.)  One of the main plotlines in season two involves wealthy American businessman Raymond Tusk funneling Chinese money through an American-based casino to influence U.S. elections.  The money goes toward PAC-funded ad campaigns that attack the Democratic administration’s candidates in the upcoming mid-term elections.

            In reality, campaign finance laws make Tusk’s job much easier.  Tusk should not have used a super PAC for the ad campaigns, but a 501(c)4 nonprofit, instead.  501(c)4s do not have to disclose their donors or anything about their spending until a year after the election on which it spent.  Tusk could have easily avoided snooping reporters and enemy Vice President Underwood’s investigations that way.  Additionally, with a nonprofit, Tusk would not have needed to create a web of Chinese donors to hide his influence; current laws would allow him to donate anonymously with no repercussions.

            Tusk also had another, less complicated option at his disposal, in the form of a shell corporation.  The 2010 Citizens United v. FEC decision legalized corporate donations in politics via super PACs and/or nonprofits.  Instead of having Chinese visitors “throw away millions,” at the cooperating casino, as the show explains, the money could have gone directly toward its intended purpose.  The House of Cards method left a trail of plane tickets, casino video footage, and airport/limo company/casino employees who might be willing to talk as evidence of Tusks actions.

            While House of Cards obviously complicates things for the sake of its action-packed twists, it could be more true-to-life.  It goes against one of Frank’s iconic quotes that, “There’s no better way to overpower a trickle of doubt than with a flood of naked truth.”  But, because of House of Cards’ methods, anti-hero Frank is able to come out on top, and keep viewers coming back for more.