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      CREW, et al. v. FEC (19-2753)

CREW, et al. v. FEC (19-2753) 
 Summary
          
            Documents
 Summary

  
  
    On September 16, 2019, Citizens for Responsibility and Ethics in Washington (“CREW”) and Noah Bookbinder (collectively “plaintiffs”) filed suit in the U.S. District Court for the District of Columbia alleging that the Commission failed to act on their administrative complaints. On April 9, 2020, the court granted the plaintiffs a default judgment against the FEC. The court noted that the Commission failed to plead or otherwise defend this action.BackgroundAccording to the court complaint, the plaintiffs’ administrative complaints alleged that SEALs for Truth and its treasurer Nicholas Britt, American Policy Coalition, Inc., LG PAC and its treasurer, Richard Monsees, Freedom Frontier and Unknown Respondents (collectively, “respondents”) violated the Federal Election Campaign Act by engaging in a scheme to conceal the identity of donors to a nonfederal campaign. The administrative complaints alleged that the respondents solicited unlimited and undisclosed donations using 501(c)(4) nonprofit organizations, then funneled that money to two federal Super PACs to use to support the 2016 election campaign of Eric Greitens for Governor of Missouri. Plaintiffs allege the Commission failed to act in a timely manner on their administrative complaints.The plaintiffs ask the court to declare the Commission’s alleged failure to act on the administrative complaints contrary to law and to order that the Commission act within 30 days.Court decisionOn April 9, 2020, the U.S. District Court for the District of Columbia granted the plaintiffs a default judgment against the FEC. The court noted that the Commission failed to plead or otherwise defend this action. The court held that the Commission’s failure to act on these complaints is contrary to law and ordered the Commission to conform with the court’s declaration within 90 days.Source: FEC Record— April 2020; September 2019
 Documents

  
  
    District Court (DC)Court decisions:Memorandum and Order (02/05/2021)Entry of Default Judgment against FEC (04/09/2020)Default (02/03/2020)Related documents:Plaintiffs’ Sur-Reply Regarding Department of Justice’s Statement of Interest (01/14/2021)Reply in Support of Statement of Interest of the United States of America (01/04/2021)Response to Department of Justice's Statement of Interest (11/17/2020)Statement of Interest of the United States of America (10/16/2020)Plaintiffs' Motion for Default Judgment against Defendant FEC (03/16/2020)Complaint for Injunctive and Declaratory Relief (09/16/2019)


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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