Case 1:22-cv-00502-ABJ Document 24 Filed 09/01/22 Page 1 of 4 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

45COMMITTEE, INC., ) 

) 

Plaintiff, ) Civ. No. 22-502 (ABJ) 

)

 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 Matter Under Review (“MUR”) 7486, an administrative enforcement matter involving 

plaintiff 45Committee, Inc. (“45Committee”). As a result of that file closure, information from 

the MUR that was the subject of previous exemption claims will be released, and the 

45Committee will shortly have all of the information it has sought in this action. 

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

7486. 45Committee, the respondent in this MUR and the plaintiff in this case, has been notified 

of this action. As a result, the Commission will place on the public record categories of 

documents integral to its decision-making process in the MUR, including certifications of 

Commission votes and Commissioner statements of reasons, in accord with the agency’s 
 

Case 1:22-cv-00502-ABJ Document 24 Filed 09/01/22 Page 2 of 4 

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. 

The closure of the MUR 7486 file and resulting disclosures will affect the pending cross 

motions for summary judgment in this Freedom of Information Act “(FOIA”) case. (FEC’s Mot. 

for Summ. J. (“Motion”) (June 24, 2022) (ECF No. 18); Pl.’s Cross-Mot. for Summ. J. and 

Opp’n to Def’s Mot. for Summ. J. (July 15, 2022) (ECF No. 19).) Because defendant 

45Committee will soon have access to all of the documents it sought, this development will 

effectively moot the summary judgment motions and this case. The Commission has argued that 

the documents were permissibly withheld under the deliberative process privilege pursuant to 

FOIA Exemption 5. (Motion at 7-15.) In particular, the Commission had explained that the 

agency’s final decision with regard to the merits of MUR 7674 had not yet occurred, and that the 

agency’s decision-makers remained “free to change their minds.” (Motion at 8-9.) The 

Commission also noted that a new FEC Commissioner had recently been confirmed, so the 

agency would soon have a different composition to review enforcement matters. (FEC’s 

Opposition to Plaintiff’s Motion for Summary Judgment and Reply in Support of its Motion for 

Summary Judgment at 3 & n.1 (Aug. 5, 2022) (ECF No. 22).) 

The Commission will confer with plaintiff 45Committee to confirm its agreement that the 

pending motions will soon become moot and to propose an appropriate course of action for the 

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Case 1:22-cv-00502-ABJ Document 24 Filed 09/01/22 Page 3 of 4 

interim period. Given the fully briefed motions before the Court, the Commission wanted to 

provide this immediate update. 

Respectfully submitted, 

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

Acting General Counsel 

lstevenson@fec.gov 

Kevin Deeley 

Associate General Counsel 

kdeeley@fec.gov 

Harry J. Summers 

Assistant General Counsel 

hsummers@fec.gov 

/s/ Greg J. Mueller 

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

Attorney 

gmueller@fec.gov 

COUNSEL FOR DEFENDANT 

FEDERAL ELECTION COMMISSION 

1050 First Street, NE 

Washington, DC 20463 

(202) 694-1650 

September 1, 2022 

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Case 1:22-cv-00502-ABJ Document 24 Filed 09/01/22 Page 4 of 4 

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 

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