Cruz’s office argues that there is nothing wrong with his deal. “Senator Cruz receives no financial benefit from Verdict,” said a campaign spokesperson. “There is no difference between Sen. Cruz appearing on a network television show, a cable news show or a podcast airing on iHeartMedia.” A spokesperson for iHeartMedia confirmed that its Premiere Networks subsidiary is partnering with Cruz and said the senator is volunteering his time but declined to share details about the agreement.
Cruz’s unpaid status does not alleviate the ethics concerns, said Kedric Payne, CLC’s vice president, general counsel and senior director for ethics. “The same way they couldn’t give him a ticket to the Super Bowl and say, ‘He wasn’t paid to go,’ they can’t provide free production services that are invaluable,” Payne said. “He is [now] able to reach an audience that is broader than any cable station or radio network for free.
Independent ethics experts noted another reason that Cruz might be able to maintain the arrangement: the pact could be considered a contract rather than a gift. “It can be a bit of a challenge to apply gift rules to contractual arrangements,” said Kathleen Clark, a law professor at Washington University in St. Louis, who specializes in government ethics.
Even if the Senate ethics committee were to agree that the services iHeartMedia is providing qualify as gifts, Cruz still might not be breaking any laws, according to another expert in government ethics. “The Senate ethics committee will then have to wrestle with the issue of whether the deal fits within one of the many exceptions to the gift rule,” said Brett Kappel, an attorney at Harmon, Curran, Spielberg & Eisenberg.
Z_Everson If you run for office, you shouldn’t be able to have a podcast.
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