UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CAMPAIGN LEGAL CENTER

1101 14TH St., NW, Ste. 400

Washington, D.C. 20005

CATHERINE HINCKLEY KELLEY

1101 14TH St., NW, Ste. 400

Washington, D.C. 20005

Plaintiffs,

v.

FEDERAL ELECTION COMMISSION

1050 First St., NE

Washington, D.C. 20463,

Defendant

and

HILLARY FOR AMERICA

P.O. Box 5256

New York, NY 10185-5256

CORRECT THE RECORD

455 Massachusetts Ave., NW

Ste. 600

Washington, D.C. 20001

Defendant-Intervenors.

Civil Action No. 1:19-cv-02336-JEB

DEFENDANT-INTERVENORS ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT

Defendant-Intervenors Hillary for America (“HFA”) and Correct the Record (“CTR”), 

(collectively, “Intervenors”) submit this Answer to the Amended Complaint for Declaratory and 

Injunctive Relief filed by Plaintiffs Campaign Legal Center and Catherine Hinckley Kelley, 

denying each allegation except to the extent expressly admitted below:

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1. Intervenors admit that Plaintiffs purport to bring this action pursuant to 52 U.S.C. 

§ 30109(a)(8) for declaratory and injunctive relief to challenge the Federal Election Commission’s 

(“FEC” or “Commission”) dismissal of an administrative complaint filed by Plaintiffs in Matter 

Under Review (“MUR”) 7146 (the “Administrative Complaint”). Intervenors admit that this action 

purports to allege that Intervenors violated the Federal Election Campaign Act (“FECA” or the 

“Act”) and Commission regulations, but deny that Intervenors violated these provisions. The 

remainder of Paragraph 1 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied to the extent they suggest that the allegations support the 

legal conclusion that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint 

was arbitrary, capricious, or contrary to law.

2. Intervenors admit that David Brock was the founder of CTR and that he made 

public statements regarding CTR’s coordinated activities with HFA. The remainder of Paragraph 

2 makes no factual allegations, but rather states legal conclusions and characterizations to which 

no response is required. To the extent Plaintiffs purport to make factual allegations, those 

allegations are denied to the extent they suggest that the allegations support the legal conclusion 

that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, 

capricious, or contrary to law.

3. Intervenors admit that Plaintiffs filed an Administrative Complaint on October 6, 

2016 that the FEC designated as MUR 7146. The remainder of Paragraph 3 purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. 

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4. Paragraph 4 makes no factual allegations, but rather purports to describe the FEC’s 

Office of General Counsel’s Report, which speaks for itself, and therefore no response is required. 

5. Intervenors admit the allegations in Paragraph 5. 

6. Intervenors admit the allegations in Paragraph 6, but deny any suggestion that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law. 

7. Intervenors deny the allegations in Paragraph 7.

8. Paragraph 8 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. 

9. Paragraph 9 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied to the extent they suggest that the allegations support the 

legal conclusion that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint 

was arbitrary, capricious, or contrary to law.

10. Paragraph 10 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied to the extent they suggest that the allegations support the 

legal conclusion that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint 

was arbitrary, capricious, or contrary to law.

11. Paragraph 11 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied to the extent they suggest that the allegations support the 

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legal conclusion that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint 

was arbitrary, capricious, or contrary to law.

12. Intervenors admit that Plaintiffs seek a judicial declaration that the dismissal of 

their Administrative Complaint was arbitrary, capricious, and contrary to law. Intervenors admit 

that Plaintiffs seek an order requiring the FEC to conform with such declaration within 30 days.

13. Intervenors admit that Plaintiffs purport that this Court has jurisdiction over this 

action under 52 U.S.C. § 30109(a)(8)(A), 5 U.S.C. § 702, 28 U.S.C. §§ 1331, 2201(a), and 2202. 

Intervenors deny that this case involves a case or controversy within the meaning of Article III of 

the Constitution over which the Court has jurisdiction.

14. Notwithstanding Intervenors’ denial that the Court has jurisdiction, as explained in 

response to the allegations set forth in Paragraph 13, Intervenors admit that, if the Court determines 

that it has jurisdiction over Intervenors’ claims, venue is proper in this district. 

15. Intervenors admit that CLC is a nonpartisan 501(c)(3) organization but lack 

knowledge or information sufficient to form a belief as to the truth of the remainder of the 

allegations in paragraph 15, and therefore, they are denied.

16. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 16, and therefore, they are denied.

17. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 17, and therefore, they are denied.

18. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 18, and therefore, they are denied.

19. Intervenors admit that CLC is involved in campaign finance litigation and has filed 

amicus briefs in campaign finance cases. Intervenors lack knowledge or information sufficient to 

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form a belief as to the truth of the remaining allegations in paragraph 19, and therefore, they are 

denied.

20. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 20, and therefore, they are denied.

21. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 21, and therefore, they are denied.

22. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 22, and therefore, they are denied.

23. Intervenors lack knowledge or information sufficient to form a belief as to the truth 

of the allegations in paragraph 23, and therefore, they are denied.

24. Intervenors lack knowledge sufficient to form a belief as to the truth of the 

allegations in paragraph 24, and therefore, they are denied. Intervenors deny the allegations in 

paragraph 24 to the extent they suggest that the allegations support the legal conclusion that the 

Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, capricious, 

or contrary to law.

25. Intervenors deny the allegation in Paragraph 25. Catherine Hinckley Kelley appears 

to be CLC’s Senior Director, Policy & Strategic Partnerships.

26. Intervenors lack knowledge or information sufficient to admit or deny the 

allegations in paragraph 26.

27. Paragraph 27 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

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28. Paragraph 28 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

29. Paragraph 29 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

30. Paragraph 30 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

31. Paragraph 31 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

32. Intervenors admit the allegations in Paragraph 32. 

33. Paragraph 33 makes no factual allegations, but rather purports to summarize 

provisions of the Act and Commission regulations, which speak for themselves, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied.

34. Paragraph 34 makes no factual allegations, but rather purports to summarize 

provisions of the Act, which speak for themselves, and therefore no response is required. To the 

extent Plaintiffs purport to make factual allegations, those allegations are denied.

35. Paragraph 35 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize provisions of the Act, which speak for themselves, 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 6 of 21
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and therefore no response is required. To the extent Plaintiffs purport to make factual allegations, 

those allegations are denied.

36. Paragraph 36 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize case law, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied.

37. Paragraph 37 makes no factual allegations, but rather states legal conclusions and 

characterizations to which no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

38. Intervenors admit the allegations in Paragraph 38.

39. Paragraph 39 makes no factual allegations, but purports to summarize a provision 

of the Act, which speaks for itself, and therefore no response is required. 

40. Paragraph 40 makes no factual allegations, but rather purports to summarize a 

provision of Commission regulations, which speaks for itself, and therefore no response is 

required. 

41. Paragraph 41 makes no factual allegations, but rather purports to summarize the 

reporting requirements of the Act, which speak for themselves, and therefore no response is 

required. 

42. Paragraph 42 makes no factual allegations, but rather purports to summarize the 

reporting requirements of the Act, which speak for themselves, and therefore no response is 

required. 

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43. Paragraph 43 makes no factual allegations, but rather purports to summarize the 

reporting requirements of the Act and Commission regulations, which speak for themselves, and 

therefore no response is required. 

44. Paragraph 44 makes no factual allegations, but rather purports to summarize the 

reporting requirements of the Act and Commission regulations, which speak for themselves, and 

therefore no response is required. 

45. Paragraph 45 makes no factual allegations, but rather purports to summarize a 

provision of the Act, which speaks for itself, and therefore no response is required. 

46. Paragraph 46 makes no factual allegations, but rather purports to summarize

Commission regulations, which speak for themselves, and therefore no response is required. 

47. Paragraph 47 makes no factual allegations, but rather purports to summarize 

Commission regulations, which speak for themselves, and therefore no response is required. 

48. Paragraph 48 makes no factual allegations, but rather purports to summarize 

Commission regulations, which speak for themselves, and therefore no response is required. 

49. Paragraph 49 makes no factual allegations, but rather purports to summarize 

Commission regulations, which speak for themselves, and therefore no response is required. 

50. Paragraph 50 makes no factual allegations, but rather purports to summarize 

Commission regulations, which speak for themselves, and therefore no response is required. 

51. Paragraph 51 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize Commission regulations and the Commission 

Explanation and Justification for Internet Communications, which speak for themselves, and 

therefore no response is required. To the extent Plaintiffs purport to make factual allegations, those 

allegations are denied.

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 8 of 21
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52. Paragraph 52 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize Commission regulations, which speak for 

themselves, and therefore no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

53. Paragraph 53 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize Commission regulations, which speak for 

themselves, and therefore no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

54. Paragraph 54 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize the Act and Commission regulations, which speak 

for themselves, and therefore no response is required. To the extent Plaintiffs purport to make

factual allegations, those allegations are denied.

55. Paragraph 55 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize case law and FEC advisory opinions, which speak 

for themselves, and therefore no response is required. To the extent Plaintiffs purport to make 

factual allegations, those allegations are denied.

56. Paragraph 56 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize case law and FEC guidance, which speak for 

themselves, and therefore no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

57. Paragraph 57 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize case law and FEC guidance, which speak for 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 9 of 21
10

themselves, and therefore no response is required. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

58. Paragraph 58 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize the Act and Commission regulations, which speak 

for themselves, and therefore no response is required. To the extent Plaintiffs purport to make 

factual allegations, those allegations are denied.

59. Paragraph 59 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize the Act, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied.

60. Paragraph 60 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize Commission policy, which speaks for itself, and 

therefore no response is required. To the extent Plaintiffs purport to make factual allegations, those 

allegations are denied.

61. Paragraph 61 makes no factual allegations, but rather states legal conclusions and 

characterizations, and purports to summarize case law, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied.

62. Intervenors admit that Plaintiffs filed a sworn Administrative Complaint on 

October 6, 2016. The remainder of Paragraph 62 makes no factual allegations, but rather states 

legal conclusions and characterizations, and purports to summarize Plaintiffs’ Administrative 

Complaint, the Act, and Commission regulations, which speak for themselves, and therefore no 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 10 of 21
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response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied.

63. Paragraph 63 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

64. Paragraph 64 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

65. Paragraph 65 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

66. Paragraph 66 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

67. Paragraph 67 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

68. Paragraph 68 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself, and therefore no response is 

required. To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

69. Paragraph 69 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 11 of 21
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70. Paragraph 70 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

71. Paragraph 71 makes no factual allegations, but rather purports to summarize 

Plaintiffs’ Administrative Complaint, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

72. Intervenors admit the allegations in Paragraph 72. 

73. Paragraph 73 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report issued in MUR 7146 on October 16, 2018 (“Office of General 

Counsel’s Report”), which speaks for itself, and therefore no response is required. 

74. Paragraph 74 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself, and therefore no response is required. 

75. Paragraph 75 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report and Intervenors’ responses to Plaintiffs’ Administrative 

Complaint, which speak for themselves, and therefore no response is required. To the extent 

Plaintiffs purport to make factual allegations, those allegations are denied.

76. Paragraph 76 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself, and therefore no response is required. 

To the extent Plaintiffs purport to make factual allegations, those allegations are denied.

77. Paragraph 77 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 12 of 21
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78. Paragraph 78 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

79. Paragraph 79 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report and Intervenors’ response to Plaintiffs’ Administrative 

Complaint, which speak for themselves. To the extent Plaintiffs purport to make factual 

allegations, those allegations are denied.

80. Paragraph 80 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

81. Paragraph 81 makes no factual allegations, but rather purports to summarize the 

Office of General Counsel’s Report, which speaks for itself. To the extent Plaintiffs purport to 

make factual allegations, those allegations are denied.

82. Intervenors admit the allegations in Paragraph 82. 

83. Intervenors admit the allegations in Paragraph 83.

84. Intervenors admit the allegations in Paragraph 84.

85. Intervenors admit the allegations in Paragraph 85.

86. Paragraph 86 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself. To the extent Plaintiffs 

purport to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

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87. Paragraph 87 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

88. Paragraph 88 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

89. Paragraph 89 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

90. Paragraph 90 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 14 of 21
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allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

91. Paragraph 91 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

92. Paragraph 92 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

93. Paragraph 93 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

94. Paragraph 94 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 15 of 21
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to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

95. Paragraph 95 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

96. Paragraph 96 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied.

97. Paragraph 97 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

98. Paragraph 98 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 16 of 21
17

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

99. Intervenors admit that on September 20, 2019, FEC Chair Ellen L. Weintraub 

issued a Statement of Reasons explaining her vote to find “reason to believe” and proceed with an 

investigation. The remainder of Paragraph 99 makes no factual allegations, but rather purports to 

summarize Commissioner Weintraub’s Statement of Reasons, which speaks for itself, and 

therefore no response is required. To the extent Plaintiffs purport to make factual allegations, those 

allegations are denied to the extent they suggest that the allegations support the legal conclusion 

that the Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, 

capricious, or contrary to law.

100. Paragraph 100 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied to the extent they suggest that the allegations support the legal conclusion that the 

Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, capricious, 

or contrary to law.

101. Paragraph 101 makes no factual allegations, but rather purports to summarize case 

law, which speaks for itself, and therefore no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

102. Paragraph 102 makes no factual allegations, but rather purports to summarize case 

law, which speaks for itself, and state legal conclusions to which no response is required. To the 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 17 of 21
18

extent Plaintiffs purport to make factual allegations, those allegations are denied to the extent they 

suggest that the allegations support the legal conclusion that the Commission’s decision to dismiss 

Plaintiffs’ Administrative Complaint was arbitrary, capricious, or contrary to law.

103. Paragraph 103 makes no factual allegations, but rather purports to summarize the 

Commissioner Weintraub’s Statement of Reasons, which speaks for itself, and states legal 

conclusions and characterizations to which no response is required. To the extent Plaintiffs purport 

to make factual allegations, those allegations are denied to the extent they suggest that the 

allegations support the legal conclusion that the Commission’s decision to dismiss Plaintiffs’ 

Administrative Complaint was arbitrary, capricious, or contrary to law.

104. Intervenors deny the allegations in Paragraph 104. 

105. Intervenors incorporate their responses to the preceding paragraphs as if fully set 

forth herein.

106. Intervenors deny the allegations in Paragraph 106. 

107. Intervenors deny the allegations in Paragraph 107. 

108. Intervenors incorporate their responses to the preceding paragraphs as if fully set 

forth herein.

109. Paragraph 109 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied to the extent they suggest that the allegations support the legal conclusion that the 

Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, capricious, 

or contrary to law.

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 18 of 21
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110. Paragraph 110 makes no factual allegations, but rather purports to summarize the 

controlling Commissioners’ Statement of Reasons, which speaks for itself, and therefore no 

response is required. To the extent Plaintiffs purport to make factual allegations, those allegations 

are denied to the extent they suggest that the allegations support the legal conclusion that the 

Commission’s decision to dismiss Plaintiffs’ Administrative Complaint was arbitrary, capricious, 

or contrary to law.

111. Intervenors deny the allegations in Paragraph 111.

112. Intervenors deny the allegations in Paragraph 112.

113. Intervenors deny the allegations in Paragraph 113. 

Finally, Intervenors deny any and all allegations in the Amended Complaint not expressly 

admitted herein to which a response is required.

DEFENSES AND AFFIRMATIVE DEFENSES

Having set forth their answers to Plaintiffs Amended Complaint, Intervenors plead the

following defenses and affirmative defenses:

1. Plaintiffs lack standing to pursue their claims. 

2. Plaintiffs fail to state a claim upon which relief may be granted.

3. The Administrative Procedure Act (“APA”) does not provide an avenue for relief 

where other adequate bases for relief from administrative action are available. Because the FECA 

otherwise provides relief from improper dismissal, no APA remedy is available here.

4. Intervenors designate all denials to the Amended Complaint set forth above as 

defenses to the extent necessary for its full defense of this matter.

5. Intervenors reserve the right to amend and add affirmative defenses. 

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 19 of 21
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PRAYER FOR RELIEF

The Court should deny Plaintiffs’ requests for relief and grant no other relief to Plaintiffs. 

Such relief is not warranted in this case because Plaintiffs lack standing; the Commission’s 

dismissal of Plaintiffs’ Administrative Complaint was not contrary to law; and Plaintiffs’ APA 

claim does not provide an avenue for relief. 

DATED: June 18, 2020 Respectfully submitted,

PERKINS COIE LLP

By: /s/ Marc Erik Elias

Marc Erik Elias, Bar No. 442007

Aria C. Branch, Bar No. 1014541

MElias@perkinscoie.com

ABranch@perkinscoie.com

700 Thirteenth Street, N.W., Suite 800

Washington, D.C. 20005-3960

Telephone: 202.654.6200

Facsimile: 202.654.6211

Attorneys for Defendant-Intervenors

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 20 of 21
21

CERTIFICATE OF SERVICE

I hereby certify that on June 18, 2020, that I caused a true and correct copy of the foregoing 

document to be served upon all counsel of record registered with the Court’s ECF system, by 

electronic service via the Court’s ECF transmission facilities. 

By: /s/ Marc Erik Elias 

Marc Erik Elias

Aria C. Branch

PERKINS COIE LLP

700 Thirteenth Street, N.W., Suite 800

Washington, D.C. 20005-3960

Telephone: 202.654.6200

Facsimile: 202.654.6211

Email: MElias@perkinscoie.com

Email: ABranch@perkinscoie.com

Case 1:19-cv-02336-JEB Document 34 Filed 06/18/20 Page 21 of 21