MUR712500208

FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of ) 

) 

Debbie Wasserman Schultz for Congress and ) MUR 7125 

Lawrence Wasserman in his official capacity ) 

as treasurer, et al. ) 

) 

STATEMENT OF REASONS OF COMMISSIONER SEAN J. COOKSEY 

The Complaint in this matter claims that Congresswoman Debbie Wasserman Schultz 

misused Democratic National Committee resources while serving as its Chair to aid her 2016 

reelection campaign to the House of Representatives in Florida’s 23rd Congressional District. It 

further alleges that this resulted in excessive and illegal in-kind contributions to Wasserman 

Schultz’s campaign, in violation of 52 U.S.C. §§ 30104 and 30116.

1 After considering the matter 

in executive session, the Commission voted 4-2 to dismiss the Complaint as an exercise of 

prosecutorial discretion under Heckler v. Chaney, 470 U.S. 821, 831 (1985).2 

I joined my colleagues in voting to dismiss under Heckler foremost because the statute of 

limitations has expired on the alleged violations. The Office of General Counsel stated in its First 

General Counsel’s Report that all the relevant conduct at issue took place in May 2016 or earlier.3 

As I have explained more thoroughly in another Statement of Reasons, I believe the Commission 

lacks the legal authority to pursue violations outside of the five-year limitations period.

4 

Dismissal under Heckler is also appropriate in light of the Commission’s other enforcement 

priorities, and “it would be imprudent to expend limited agency resources to investigate such 

outdated conduct at a time when the agency faces a severe backlog of cases.”5 There is little value 

1 First General Counsel’s Report at 2 (May 7, 2019), MUR 7125 (Debbie Wasserman Schultz for Congress, 

et al.). 

2 Certification (July 13, 2021), MUR 7125 (Debbie Wasserman Schultz for Congress, et al.). 

3 First General Counsel’s Report at 1, 4 (May 7, 2019), MUR 7125 (Debbie Wasserman Schultz for 

Congress, et al.). 

4 See Supplemental Statement of Reasons of Commissioner Sean J. Cooksey (April 29, 2021), MURs 6917 

and 6929 (Scott Walker, et al.) and MURs 6955 and 6983 (John R. Kasich, et al.). 

5 Statement of Reasons of Vice Chair Allen Dickerson and Commissioners Sean J. Cooksey and James E. 

“Trey” Trainor, III at 3 (March 18, 2021), MUR 7181 (Independent Women’s Voice). 

1 
 

 

 

 

 

 

MUR712500209

to the public in mandating—more than five years later—disclosure of any in-kind contributions, 

whose value would be entirely speculative.6 Pursuing such cases is wholly unfair to the 

Respondents, who are entitled to rely on the statute of limitations and not to be required to defend 

themselves for historical conduct.7 For these prudential reasons, and not because of the provenance 

of the Complaint, I voted to dismiss this matter. 

_________________________________ 

Sean J. Cooksey 

Commissioner 

 August 26, 2021 

Date 

6 See Statement of Reasons of Vice Chair Allen Dickerson and Commissioners Sean J. Cooksey and James 

E. “Trey” Trainor, III at 3 (April 16, 2021), MUR 7284 (AB PAC, et al.) (“The marginal value of further defining 

these transactions five years and two presidential elections after the fact is therefore low, especially as it relates to a 

defunct organization.”); see also Statement of Reasons of Vice Chair Allen Dickerson and Commissioners Sean J. 

Cooksey and James E. “Trey” Trainor, III at 2 n.9 (April 27, 2021), MUR 7395 (Heller for Senate, et al.) (reasoning 

that “we do not believe the Commission could calculate the true market rate for the type of services” alleged to be an 

in-kind contribution). 

7 See Supplemental Statement of Reasons of Commissioner Sean J. Cooksey at 3–4 (April 29, 2021), MURs 

6917 and 6929 (Scott Walker, et al.) and MURs 6955 and 6983 (John R. Kasich, et al.). 

2