If not by the letter of the law, then certainly by the spirit.
McCain got a $4 million loan for his campaign, and as part of the deal, he agreed to take public financing if his campaign failed. If he won, or became the front-runner, he would get the necessary donations.
Federal Election Commission Chairman David Mason, in a letter to McCain this week, said the all-but-certain Republican nominee needs to assure the commission that he did not use the promise of public money to help secure a $4 million line of credit he obtained in November.
And interesting aside to this is that it gives Barack Obama an out on his promise on opting in to public financing.
John McCain is already in violation of McCain-Feingold, so there can be no deal.