UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

 

 ) 

CROSSROADS GRASSROOTS POLICY ) 

STRATEGIES, ) 

 ) 

 Defendant-Appellant, ) No. 18-5261 

 ) 

 v. ) 

 ) 

CITIZENS FOR RESPONSIBILITY ) 

AND ETHICS IN WASHINGTON, et al., ) 

 ) 

 Plaintiffs-Appellees, ) 

 ) 

FEDERAL ELECTION COMMISSION, ) RESPONSE TO MOTION 

 ) 

 Defendant-Appellee. ) 

 ) 

FEDERAL ELECTION COMMISSION’S RESPONSE 

TO EMERGENCY MOTION OF 

CROSSROADS GRASSROOTS POLICY STRATEGIES 

FOR A STAY PENDING APPEAL 

Defendant-appellee Federal Election Commission (“Commission” or 

“FEC”) takes no position on the motion of defendant-appellant Crossroads 

Grassroots Policy Strategies (“Crossroads GPS”) for a stay pending appeal 

(Document #1748550). However, the Commission wishes to notify the Court that 

on August 28, 2018, the Commission reconsidered the administrative complaint 

filed by plaintiff-appellee Citizens for Responsibility and Ethics in Washington, in 

light of the district court’s remand order dated August 3, 2018. See

USCA Case #18-5261 Document #1749558 Filed: 09/07/2018 Page 1 of 3
2 

https://www.fec.gov/data/legal/matter-under-review/6696R/. The Commissioners 

were equally divided on whether to find reason to believe that Crossroads GPS 

violated 52 U.S.C. §§ 30104(c)(1) and (2) and on whether to approve the Office of 

General Counsel’s recommendation to dismiss on the basis of prosecutorial 

discretion. See https://www.fec.gov/files/legal/murs/6696/6696R_3.pdf. The 

Commission subsequently voted unanimously to close its file in this matter. Id. 

As a result, to the extent the pending motion by Crossroads GPS seeks a stay of the 

district court’s order regarding the agency’s handling of the underlying 

administrative complaint in this matter (as distinct from the vacatur of the 

regulation at 11 C.F.R. § 109.10(e)(1)(vi) 45 days from the date of the order), that 

portion of the motion is moot. 

 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/ Seth Nesin

Seth Nesin 

Attorney 

snesin@fec.gov 

COUNSEL FOR 

DEFENDANT-APPELLEE 

FEDERAL ELECTION 

COMMISSION 

1050 First Street N.E. 

Washington, DC 20463 

(202) 694-1650 

September 7, 2018 

USCA Case #18-5261 Document #1749558 Filed: 09/07/2018 Page 2 of 3
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CERTIFICATE OF SERVICE 

 I hereby certify that on this 7th day of September, 2018, I electronically 

filed the Federal Election Commission’s Response to Emergency Motion of 

Crossroads Grassroots Policy Strategies for a Stay Pending Appeal with the Clerk 

of the United States Court of Appeals for the D.C. Circuit by using the Court’s 

CM/ECF system. 

Service was made on the following through the CM/ECF system: 

Stuart C. McPhail 

Adam J. Rappaport 

Citizens for Responsibility and Ethics in Washington 

455 Massachusetts Ave., N.W., Sixth Floor 

Washington, D.C. 20001 

Thomas W. Kirby 

Wiley Rein LLP 

1776 K Street NW 

Washington, DC 20006 

/s/ Seth Nesin 

Seth Nesin 

FEDERAL ELECTION COMMISSION 

1050 First Street NE 

Washington, DC 20463 

(202) 694-1650 

USCA Case #18-5261 Document #1749558 Filed: 09/07/2018 Page 3 of 3