Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
        Legal resources
- ›
        Court cases
- ›
      Judicial Watch, Inc. v. FEC (1:01CV01747)

Judicial Watch, Inc. v. FEC (1:01CV01747) 
 Summary
 Summary

  
  
    On February 17, 2005, the U.S. District Court for the District of Columbia granted the FEC’s motion for summary judgment in this case, and denied the plaintiff’s cross motion for summary judgment.BackgroundOn August 17, 2001, Judicial Watch, Inc., a nonprofit, public interest organization, asked the court to find that the Commission acted contrary to law when it failed to initiate an investigation in response to the organization’s administrative complaint. The April 10, 2001, complaint alleged that Representative Tom DeLay and the National Republican Congressional Committee (NRCC) sold meetings with top Bush Administration officials in exchange for campaign contributions to the NRCC. Judicial Watch contended that the NRCC was required to report these meetings to the Commission as “offsets to contributions” under the Federal Election Campaign Act (the Act). 2 U.S.C. §434(b)(4) and 11 CFR 104.3.Court decisionThe standard for judicial review in a case such as this, where one party alleges that an agency’s actions are contrary to the statute, is called Chevron review, after the Supreme Court’s decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). In Chevron review, the court asks first whether Congress has spoken to the precise issue at hand. If so, then the agency’s interpretation of the statute must implement Congress’s unambiguous intent. If, however, Congress has not spoken explicitly to the question at hand, then the court must defer to the agency’s interpretation of the statute if the interpretation is reasonable and is consistent with the statute’s purpose.In its arguments before the court, the Commission explained that, since its inception in 1975, it has interpreted the statutory requirement of reporting “offsets” to contributions in its strict accounting sense as referring only to financial transactions. Thus, the Commission did not find that the NRCC was required by the Act to report the meetings described in Judicial Watch’s administrative complaint as “offsets” to contributions.In looking at the language at 2 U.S.C. §434(b)(4), the court found that Congress had not spoken directly to the issue of whether this statutory requirement was meant also to include other non-monetary offsets, such as the alleged contributions-for-access scheme detailed in the plaintiff’s administrative complaint. Furthermore, the court found that the Commission’s interpretation of the statute was not unreasonable, and the “FEC’s decision not to further investigate Judicial Watch’s administrative complaint with regard to section 434(b)(4)(F) was therefore neither contrary to law, arbitrary, capricious, nor an abuse of discretion.”The plaintiffs had also challenged the Commission’s decision not to investigate beyond the scope of possible violations of this particular provision of the statute, as well as its decision not to report to other law enforcement agencies some or all of the alleged illegal activity described in the administrative complaint. The court, however, found that it is within the FEC’s discretion to determine whether a violation of the Act has occurred, and only then is it directed to conduct an investigation. Furthermore, the court found that while the Commission can refer apparent violations of the law to other law enforcement agencies, such action “is clearly not mandated by the statute and failure to report does not constitute an abuse of discretion.”Source: FEC Record— April 2005 and October 2001.


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.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms