Democrats Try To Cast Doubt On Scott Brown Book Deal

Democrats Try To Cast Doubt On Scott Brown Book Deal
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FILE - In this Oct. 23, 2014 file photo, New Hampshire Republican Senate candidate, former Massachusetts Sen. Scott Brown arrives in his pickup truck for a live televised Senate debate with Democratic Sen. Jeanne Shaheen, D-N.H., in Concord, N.H. Their majority in jeopardy, Senate Democrats unleashed a late-campaign round of attack ads Monday accusing Republicans in key races of harboring plans to cut Social Security and Medicare. (AP Photo/Jim Cole, File)

WASHINGTON -- With New Hampshire's U.S. Senate race tightening, Democrats are reaching deep into their bag of tricks to cast doubt on Scott Brown, accusing the Republican candidate of using his last campaign for office in Massachusetts to sell his book and boost his publishing payday.

The charge, which Brown's campaign vehemently denies and could easily disprove, is hard to make stick, since Brown got the Federal Election Commission's opinion in advance, granting his 2012 Massachusetts Senate campaign committee permission to buy several thousand copies of his book, Against All Odds, as long as the profits were donated to charity and never wound up in Brown's pockets.

That appears to be what happened.

But Democrats noticed on Brown's personal financial disclosure forms that publisher HarperCollins paid him $400,000 of his advance -- for a total $1.4 million -- well after the memoir came out. In the eyes of Democrats, that late payment opens up the possibility that Brown's contract may have set a relatively low bar for sales, or established some other sort of trigger, and that the campaign's book purchases helped Brown to get that final installment of his advance.

If such is the case, it would violate the rules, as the FEC noted in its opinion that Brown was not allowed to receive anything of value himself. Even any royalties destined for charity had to be given away by the publisher, not funneled through Brown.

Literary agent Howard Yoon told HuffPost that although he has no direct knowledge of Brown's contract, such advance arrangements for later payments are common in the publishing business, and that celebrity contracts like Brown's would not normally be subject to any sort of contingency or sales minimum to pay the full amount. But Democrats, perhaps eyeing the narrowing gap between Brown and Sen. Jeanne Shaheen (D-N.H.), want voters to see the contract.

"There are very serious questions about how Scott Brown may have been using campaign funds to enrich himself," said New Hampshire Democratic Party spokeswoman Julie McClain in a statement. "He must release the details of his book contract immediately and come clean with the people of New Hampshire."

Brown spokeswoman Elizabeth Guyton was harshly dismissive of the charge.

"The advance was not tied to the purchase of the books, and both were done based on guidance from the Select Committee on Ethics and the Federal Election Commission," Guyton said in a statement, referring to the FEC advisory opinion about the campaign's book purchases and the Senate ethics committee's separate approval of the book deal itself.

She suggested that Democrats have been trying for a month to get outlets to run the charge on behalf of Shaheen, who has watched her once comfortable lead shrink to an average of just over 2 points during that time, according to the HuffPost Pollster average of polls.

"For the past month, Jeanne Shaheen and her allies have been peddling this bogus story all over town, and no one thought it was worthy of publication," Guyton said.

Indeed, Democrats run a risk in putting such an allegation on the record. Although Brown's campaign declined to release the contract to HuffPost, revealing its details has the potential to cast the charge as a desperate attempt to smear Brown -- potentially backfiring on Shaheen, whose approval rating has remained much higher than Brown's despite the tightening head-to-head polls.

And in fact, the Brown campaign's explanation is entirely plausible, said Yoon, whose RossYoon Agency specializes in nonfiction.

"If he got a $1.4 million advance, he was going to get that cash no matter what. It wasn't contingent on any sales or performance, probably, unless it was a bonus -- if he got a bonus [for sales] that went over a certain amount -- but there's no way the bonus would have been activated if the sales were that low."

Brown's book sold only about 27,000 copies, not nearly enough to pay back the investment his publisher sank into the work.

While the House of Representatives banned book advances nearly 20 years ago after leaders there got sweetheart deals from publishers, the practice remains well within the rules of the Senate, and standard in publishing.

"I don't know if there's any fishiness about the Scott Brown contract," Yoon said.

According to HuffPost Pollster's tracking, Shaheen has a 2-point lead on Brown.

Michael McAuliff covers Congress and politics for The Huffington Post. Talk to him on Facebook.

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Scott Brown
Scott Brown(01 of30)
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FILE - In this Dec. 9, 2009 file photo, then-Republican senatorial candidate Scott Brown responds to a reporter's question during a morning news conference at his campaign headquarters in Needham, Mass. Brown said Tuesday, Jan. 29, 2013 that the former U.S. senator from Massachusetts is "leaning strongly toward seeking a return to Washington and will likely enter the race to replace Sen. John Kerry early next week. (AP Photo/Gretchen Ertl, File) (credit:AP)
Scott Brown(02 of30)
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FILE - In this Oct. 5, 2012 file photo, then-Sen. Scott Brown, R-Mass., right, laughs as former Massachusetts Gov. William Weld talks with reporters after Weld endorsed Brown in Boston. Weld said Monday, Feb. 4, 2013, he will not seek the Senate seat vacated when John Kerry was named secretary of state. Brown said Friday, Feb. 1, 2013, the he would not seek that seat either. (AP Photo/Winslow Townson, File) (credit:AP)
Scott Brown(03 of30)
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Then U.S. Sen. Scott Brown, R-Mass., left, hugs his wife Gail Huff, center, at the conclusion of his concession speech at an election night watch party in a hotel in Boston, Tuesday, Nov. 6, 2012. Brown lost to Democratic challenger Elizabeth Warren in his bid for re-election to the U.S. Senate. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(04 of30)
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FILE - In this Nov. 13, 2012 file photo, then Sen. Scott Brown, R-Mass., speaks during a media availability, on Capitol Hill in Washington. Brown, who was defeated in his re-election bid, said Friday, Feb. 1, 2013 that he will not run for the Senate seat vacated by John Kerry, who was named secretary of state. (AP Photo/Alex Brandon, File) (credit:AP)
Scott Brown(05 of30)
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FILE - In this Nov. 4, 2012, file photo, then-Sen. Scott Brown, R-Mass., waves to supporters from his bus after a campaign rally at Faneuil Hall in Boston. Three years ago, Brown was a little-known Republican state senator from Massachusetts who shocked Democrats by winning a U.S. Senate seat. Now, having compiled a voting record more moderate than his tea party allies would have liked and losing his bid for a full term, Brown is considering whether to seize a second chance to return to the Senate in another special election. (AP Photo/Michael Dwyer, File) (credit:AP)
Scott Brown(06 of30)
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FILE - In this Oct. 24, 2012, file photo, then-Sen. Scott Brown, R-Mass., uses a bull horn at a campaign stop in Watertown, Mass. Three years ago, Brown was a little-known Republican state senator from Massachusetts who shocked Democrats by winning a U.S. Senate seat. Now, having compiled a voting record more moderate than his tea party allies would have liked and losing his bid for a full term, Brown is considering whether to seize a second chance to return to the Senate in another special election. (AP Photo/Charles Krupa, File) (credit:AP)
Scott Brown(07 of30)
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FILE - In this Jan. 19, 2012, file photo, then-Sen. Scott Brown, R-Mass., pumps his fist during his re-election campaign kick-off in Worcester, Mass., in this Jan. 19, 2012 file photo. Three years ago, Brown was a little-known Republican state senator from Massachusetts who shocked Democrats by winning a U.S. Senate seat. Now, having compiled a voting record more moderate than his tea party allies would have liked and losing his bid for a full term, Brown is considering whether to seize a second chance to return to the Senate in another special election. (AP Photo/Charles Krupa, File) (credit:AP)
Scott Brown(08 of30)
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Then U.S. Sen. Scott Brown, R-Mass., left, embraces former football quarterback Doug Flutie, right, after delivering a concession speech at an election night watch party in a hotel in Boston, Tuesday, Nov. 6, 2012. Brown lost to Democratic challenger Elizabeth Warren in his bid for re-election to the U.S. Senate. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(09 of30)
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Then U.S. Sen. Scott Brown, R-Mass., picks up his ballot with his daughter Arianna, left, to cast his vote in Wrentham, Mass., on Election Day, Tuesday, Nov. 6, 2012. Brown is facing Democratic candidate Elizabeth Warren for the U.S. Senate. (AP Photo/Gretchen Ertl) (credit:AP)
Scott Brown(10 of30)
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Then U.S. Sen. Scott Brown, R-Mass., gets into his truck after voting in Wrentham, Mass., on Election Day, Tuesday, Nov. 6, 2012. Brown is facing Democratic candidate Elizabeth Warren for the U.S. Senate. (AP Photo/Gretchen Ertl) (credit:AP)
Scott Brown(11 of30)
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Then U.S. Sen. Scott Brown, R-Mass., waits in line with his daughter Arianna to cast his vote in Wrentham, Mass., Election Day, Tuesday, Nov. 6, 2012. Brown is facing Democratic candidate Elizabeth Warren for the U.S. Senate. (AP Photo/Gretchen Ertl) (credit:AP)
Scott Brown(12 of30)
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Former U.S. Sen. Scott Brown, R-Mass., left, speaks with a reporter before boarding his bus following a stop at a Brown campaign office, in Walpole, Mass., Monday, Nov. 5, 2012. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(13 of30)
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Then U.S. Sen. Scott Brown, R-Mass., left, and his wife Gail Huff, center right, speak with supporters during a campaign stop at a Brown campaign office, in Walpole, Mass., Monday, Nov. 5, 2012. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(14 of30)
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Former U.S. Sen. Scott Brown, R-Mass., left, signs a poster during a campaign stop at a Brown campaign office, in Walpole, Mass., Monday, Nov. 5, 2012. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(15 of30)
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Former Sen. Scott Brown, R-Mass., center, greets supporters as his family, from right, daughter Ayla, wife Gail Huff and daughter Arianna wait on stage during a campaign rally at Faneuil Hall in Boston, Sunday, Nov. 4, 2012. (AP Photo/Michael Dwyer) (credit:AP)
Scott Brown(16 of30)
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Former Sen. Scott Brown, R-Mass., center, greets supporters as he arrives for a campaign rally at Faneuil Hall in Boston, Sunday, Nov. 4, 2012. (AP Photo/Michael Dwyer) (credit:AP)
Scott Brown(17 of30)
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Then Sen. Scott Brown, R-Mass., speaks during a campaign rally at Faneuil Hall in Boston, Sunday, Nov. 4, 2012. (AP Photo/Michael Dwyer) (credit:AP)
Scott Brown(18 of30)
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Ex-Sen. Scott Brown, R-Mass., foreground left, speaks during a campaign rally at Faneuil Hall in Boston, Sunday, Nov. 4, 2012. (AP Photo/Michael Dwyer) (credit:AP)
Scott Brown(19 of30)
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Then Sen. Scott Brown, R-Mass., speaks to supporters during a reelection campaign stop at the "Plimoth Plantation" in Plymouth, Mass., Saturday, Nov. 3, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(20 of30)
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Gail Huff, wife of then Sen. Scott Brown, R-Mass., reacts with their daughters Ayla, left, and Arianna, right, as he delivers an address to supporters outside "Grumpy's Restaurant" in East Dennis, Mass., Nov. 3, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(21 of30)
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Then Sen. Scott Brown, R-Mass., peers out of his campaign bus as he arrives at "Grumpy's Restaurant" in East Dennis, Mass., to campaign for reelection Saturday, Nov. 3, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(22 of30)
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Former New York City Mayor Rudy Giuliani, left, is introduced by then Sen. Scott Brown, R-Mass., to his supporters as he campaigns for reelection in the North End neighborhood of Boston Friday, Nov. 2, 2012. Brown's wife Gail Huff is at right. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(23 of30)
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Then Sen. Scott Brown, R-Mass., makes his way through a crowd a greets supporters as he campaigns for reelection in the North End neighborhood of Boston, Friday, Nov. 2, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(24 of30)
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Former New York City Mayor Rudy Giuliani, accompanies Sen. Scott Brown, R-Mass. on a walk along Hanover Street in the North End neighborhood of Boston, Friday, Nov. 2, 2012, as Brown campaigns for reelection. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(25 of30)
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Former U.S. Sen. Scott Brown, R-Mass., shakes hands with supporters as he arrives, with his wife Gail Huff, right, for a campaign rally in Wakefield, Mass., Thursday, Nov. 1, 2012. (AP Photo/Charles Krupa) (credit:AP)
Scott Brown(26 of30)
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Then U.S. Sen. Scott Brown, R-Mass., left, speaks with U.S. Senator Susan Collins, R-Maine, right, while riding on a Brown campaign bus in Milford, Mass., Thursday, Nov. 1, 2012. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(27 of30)
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Then U.S. Sen. Scott Brown, R-Mass., right, addresses an audience during a campaign event at a restaurant, in Milford, Mass., Thursday, Nov. 1, 2012. (AP Photo/Steven Senne) (credit:AP)
Scott Brown(28 of30)
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Then Sen. Scott Brown, R-Mass., talks to a member of the Massachusetts State Legislature, not seen, while touring a seawall on Cape Cod Bay in Plymouth, Mass., while campaigning Wednesday, Oct. 31, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(29 of30)
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Former Sen. Scott Brown, R-Mass., talks to members of the media as he stands along a seawall he was touring on Cape Cod Bay while campaigning in Plymouth, Mass., Wednesday, Oct. 31, 2012. (AP Photo/Stephan Savoia) (credit:AP)
Scott Brown(30 of30)
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Attorney and victims' rights advocate Wendy Murphy, right, shakes hands with then Sen. Scott Brown, R-Mass., during a news conference at Brown campaign headquarters in Boston, Friday, Oct. 26, 2012. Murphy announced her endorsement of Brown in his run for re-election to the U.S. Senate. (AP Photo/Michael Dwyer) (credit:AP)