Case 1:22-cv-01275-EGS Document 14 Filed 09/01/22 Page 1 of 3 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

JOSH HAWLEY FOR SENATE, ) 

) 

Plaintiff, ) Civ. No. 22-1275 (EGS) 

) 

v. ) 

) 

FEDERAL ELECTION COMMISSION, ) NOTICE 

) 

Defendant. ) 

) 

FEDERAL ELECTION COMMISSION’S NOTICE 

OF SUBSEQUENT DEVELOPMENTS 

The Federal Election Commission (“FEC” or “Commission”) hereby provides notice of 

subsequent factual developments. The composition of the Commission recently changed, with 

Dara Lindenbaum sworn in a Commissioner on August 2, 2022. FEC, Dara Lindenbaum Sworn 

In As Commissioner (Aug. 2, 2022), https://www.fec.gov/updates/dara-lindenbaum-sworn-in-ascommissioner/. Soon thereafter, on August 29, 2022, there was a successful vote to close the file 

in FEC Matters Under Review (“MURs”) 7427, 7497, 7524, and 7553, administrative 

enforcement matters as to which plaintiff Josh Hawley for Senate has sought records from the 

Commission pursuant to the Freedom of Information Act (“FOIA”). Plaintiff is a respondent in 

one of these matters: MUR 7524. As a result of these file closures, certain information from the 

MURs that was the subject of previous exemption claims, including Commissioner vote 

certifications and statements of reasons, will be released, and plaintiff will shortly have the 

central information it has sought here. These were the four MURs cited in the complaint in the 

private action filed against plaintiff that plaintiff has described as the reason for the FOIA 
 

 

 

 

 

 

 

 

 

 

 

 

Case 1:22-cv-01275-EGS Document 14 Filed 09/01/22 Page 2 of 3 

request at issue in this case. See Compl. ¶¶ 25-26; Complaint for Declaratory and Injunctive 

Relief ¶¶ 118-26, Giffords v. NRA, et al., Civ. No. 21-2887 (D.D.C. Nov. 2, 2021). 

The FEC Commissioners voted 4-1 (with one abstention) to close the files in MURs 

7427, 7497, 7524, and 7553. Respondents in these proceedings have been notified of this action, 

including plaintiff as to MUR 7524. As a result, the Commission will place on the public record 

categories of documents integral to its decision-making process in the MURs, including 

certifications of Commission votes and Commissioner statements of reasons, in accord with the 

agency’s disclosure policy. See FEC, Disclosure of Certain Documents in Enforcement and 

Other Matters, 81 Fed. Reg. 50,702, 50,703 (Aug. 2, 2016). The Commission will do so as soon 

as practicable and generally endeavors to do so within 30 days. Id. 

Because the release of the file materials for MURs 7427, 7497, 7524, and 7553 will 

provide plaintiff with the central information sought in this FOIA litigation, the Commission will 

confer with plaintiff to determine whether its claims may be dismissed, and the extent to which 

there is a need for further briefing, including the Commission’s motion for summary judgment 

currently due on September 23, 2022. The Commission will then further update the Court. 

Respectfully submitted, 

Lisa J. Stevenson (D.C. Bar No. 457628) Harry J. Summers 

Acting General Counsel Assistant General Counsel 

lstevenson@fec.gov hsummers@fec.gov 

Kevin Deeley /s/ Greg J. Mueller 

Associate General Counsel Greg J. Mueller (D.C. Bar No. 462840) 

kdeeley@fec.gov Attorney 

gmueller@fec.gov 

September 1, 2022 FEDERAL ELECTION COMMISSION 

1050 First Street NE 

Washington, DC 20463 

(202) 694-1650 

2 
 

Case 1:22-cv-01275-EGS Document 14 Filed 09/01/22 Page 3 of 3 

CERTIFICATE OF SERVICE 

I hereby certify that on September 1, 2022, I served the foregoing pursuant to Fed. R. 

Civ. P. 5(b)(2)(E) on counsel of record, as a registered ECF user, through the Court’s ECF 

system. 

/s/ Greg J. Mueller 

Greg J. Mueller (D.C. Bar No. 462840) 

Attorney 

gmueller@fec.gov