Center for Competitive Politics v. FEC
On June 9, the Center for Competitive Politics (“CCP”) filed suit in U.S. District Court for the District of Columbia to challenge the Commission’s denial of its Freedom of Information Act (“FOIA”) request. CCP asks the court to declare that the FEC violated FOIA and to compel the agency to provide the requested document.
On December 3, 2013, the Commission deadlocked 3-3 on whether to find reason to believe that Crossroads GPS violated the Federal Election Campaign Act (the Act) and closed the case.
On January 8, 2014, the three Commissioners who voted not to proceed with an investigation released a “Statement of Reasons.” This statement referred to a “First General Counsel’s Report” that was circulated to Commissioners on June 22, 2011. According to the Statement of Reasons, the General Counsel withdrew that report and, on November 21, 2012, circulated a revised First General Counsel’s Report. The First General Counsel’s Report circulated on November 21, 2012, has been placed on the public record, but the withdrawn report has not.
On April 29, CCP filed an appeal of the FOIA decision, but the Commission was unable to render an opinion by a majority vote on whether to approve or deny that appeal.
CCP’s court complaint contends that withholding the withdrawn First General Counsel’s Report “without explaining the rationale for that decision is arbitrary and capricious,” and is not justified by any FOIA exemption. CCP seeks declaratory and injunctive relief.
U.S. District Court for the District of Columbia: Case No. 14-970.
(Posted 06/13/2014; By: Isaac Baker)
Latest Articles by Category: