UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

JOSH HAWLEY FOR SENATE

150 Long Road

Suite 50

Chesterfield MO 63005

Plaintiff,

Civil Case No. ___________________

v.

FEDERAL ELECTION COMMISSION

1050 First Street NE

Washington, DC 20463

Defendant.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Now comes Plaintiff, Josh Hawley for Senate, and states as follows:

INTRODUCTION

1. Plaintiff brings this action under the Freedom of Information Act, 5 U.S.C. § 552 

et seq. (“FOIA”), challenging the Federal Election Commission’s (the “FEC” or “Commission”) 

improper withholding of records responsive to Plaintiff’s FOIA request submitted on November 

23, 2021 (the “FOIA Request” or “Request”).

2. Plaintiff filed a request for documents with the FEC on November 23, 2021,

regarding the FEC’s consideration of several enforcement matters, all of which are related in 

subject matter, and certain of which name Plaintiff as an administrative respondent (together, the 

“Related MURs”). In response to Plaintiff’s request, the FEC provided an incomplete and redacted 

production on January 7, 2022, noting that it was withholding 32 pages of responsive materials 

under specified FOIA exemptions. The FEC produced one additional responsive document on 

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March 25, 2022, and reiterated that it was withholding 32 pages of responsive materials under 

specified FOIA exemptions.

3. Plaintiff filed an administrative appeal with Defendant on March 30, 2022.

4. The FEC notified Plaintiff on April 27, 2022, that “[u]pon review of your FOIA 

appeal, the Commission was unable to render an opinion on whether to approve or deny the appeal 

by a majority vote.” Due to this stalemate the FEC: (a) continues to withhold 32 pages of 

responsive documents, including vote certifications and a Statement of Reasons issued by two

Commissioners in connection with the Related MURs; and (b) is unable to approve or deny 

Plaintiff’s administrative appeal.

5. The FEC long ago held votes on the administrative complaints in the Related MURs

and lacked the necessary four votes to proceed with an investigation, thereby terminating the 

administrative complaints. Upon information and belief, certain Commissioners have arbitrarily 

and capriciously conspired to (i) force FEC administrative respondents such as Plaintiff into civil 

litigation to defend against administrative complainants’ allegations and (ii) intentionally deny the 

parties, courts, and general public access to records of the FEC’s votes and determinations as to 

the Related MURs, all while falsely claiming the FEC failed to act. Indeed, the FEC’s FOIA 

violation in this matter appears to be part of a pattern and practice to deny parties in certain 

enforcement matters access to FEC records, including those lawfully available under FOIA. 5 

U.S.C. § 552. See, e.g., 45Committe Inc. v. FEC, Case No. 1:22-cv-00502-ABJ (currently pending 

before this Court and alleging that FEC has improperly withheld responsive documents under 

FOIA in similarly situated matter).

6. The FEC’s withholding of responsive documents is in violation of FOIA as the 

FEC’s cited FOIA exemptions are not applicable.

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7. The Court should order the FEC to immediately and fully comply with Plaintiff’s 

FOIA Request, award Plaintiff costs and attorneys’ fees, and find that the FEC acted arbitrarily 

and capriciously by withholding the responsive materials without legal basis.

PARTIES, JURISDICTION, AND VENUE

8. This Court has both subject matter and personal jurisdiction over the parties and 

claims pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. Venue lies in this District under 

5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e)(1).

9. Plaintiff Josh Hawley for Senate is a nonprofit corporation incorporated in the State 

of Missouri. Plaintiff is organized as a political organization pursuant to Section 527 of the Internal 

Revenue Code, as amended, and is registered with the Federal Election Commission as the 

authorized campaign committee of Senator Josh Hawley, who represents the State of Missouri in 

the United States Senate.

10. Defendant Federal Election Commission is an independent agency of the United 

States Government. The FEC is charged with the administration and enforcement of federal 

campaign finance law. The FEC is headquartered in Washington, D.C., and its principal office is 

located at 1050 First Street, NE, Washington, DC 20463.

11. Defendant has possession or control of records requested by Plaintiff that are the 

subject of this action.

STATUTORY AND LEGAL BACKGROUND

12. The Freedom of Information Act, 5 U.S.C. § 552, requires agencies of the federal

government to release requested records to the public unless one or more specific statutory 

exemptions apply.

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13. An agency must respond to a party making a FOIA request within twenty (20) 

working days. Any agency response must, at a minimum, notify the requestor of whether the 

agency has determined to fulfill the request and of the requestor’s right to appeal the agency’s

determination to the agency head. 5 U.S.C. § 552(a)(6)(A)(i). The agency must also notify the

party requesting public records of “such determination and the reasons therefor” within this

twenty (20) day timeframe. 5 U.S.C. § 552(a)(6)(6)(A)(i)(I).

14. In “unusual circumstances,” an agency may delay its response to a FOIA request or 

appeal but must provide notice and “the date on which a determination is expected to be 

dispatched.” 5 U.S.C. § 552(a)(6)(B).

15. There are nine (9) statutory exemptions to disclosure under FOIA. 5 U.S.C. § 

552(b). FOIA “does not authorize withholding of information or limit the availability of records 

to the public, except as specifically stated in this section.” 5 U.S.C. § 552(d). According to the 

FEC’s two responses to Plaintiff’s FOIA Request, the FEC has relied on FOIA Exemptions 3(A) 

and 5 in withholding responsive materials.

16. FOIA Exemption 3(A) refers to matters that are specifically exempted from 

disclosure by statute, if that statute requires that the matters be withheld from the public in such a 

manner as to leave no discretion on the issue or establishes particular criteria for withholding or 

refers to particular types of matters to be withheld. 5 U.S.C. § 552(b)(3)(A).

17. FOIA Exemption 5 applies to inter-agency or intra-agency memorandums or letters 

that would not be available by law to a party other than an agency in litigation with the agency. 5 

U.S.C. § 552(b)(5).

18. FEC regulations provide that “[a]ny person who has been notified . . . that his/her 

request for inspection of a record or for a copy has been denied . . . may appeal the adverse 

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determination . . . by requesting the Commission to direct that the record be made available.” 11 

C.F.R. § 4.8(a). “For good cause shown, the Commission may disclose a record which is subject 

to one of the exemptions listed in § 4.5 of this part.” 11 C.F.R. § 4.8(e). The FEC must make a 

determination on an appeal within 20 business days. 11 C.F.R. § 4.8(f).

19. “As a general matter, a FOIA requester must exhaust administrative appeal 

remedies before seeking judicial redress.” Citizens for Responsibility & Ethics in Wash. v. FEC, 

711 F.3d 180, 182 (D.C. Cir. 2013). If, however, an agency does not adhere to the abovereferenced statutory timelines in responding to a FOIA request, the requester is deemed by statute

to have fulfilled the exhaustion requirement. 5 U.S.C. § 552(a)(6)(C)(i).

20. “To trigger the exhaustion requirement, an agency must make and communicate its

‘determination’ whether to comply with a FOIA request — and communicate ‘the reasons therefor’ 

— within 20 working days of receiving the request, or within 30 working days in "unusual 

circumstances.’ Id. at § 552(a)(6)(A)(i), (a)(6)(B)(i). If the agency has made and communicated 

its ‘determination’ in a timely manner, the requester is required to administratively appeal that 

‘determination’ before bringing suit. But if the agency has not issued its ‘determination’ within 

the required time period, the requester may bring suit directly in federal district court without 

exhausting administrative appeal remedies.” Citizens for Responsibility & Ethics in Wash. v. FEC, 

711 F.3d at 182.

21. This Court “has jurisdiction to enjoin the agency from withholding agency records 

and to order the production of any agency records improperly withheld from the complainant. In 

such a case the court shall determine the matter de novo and may examine the contents of such 

agency records in camera to determine whether such records or any part thereof shall be withheld 

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under any of the exemptions set forth in subsection (b) of this section, and the burden is on the 

agency to sustain its action.” 5 U.S.C. § 552(a)(4)(B).

STATEMENT OF FACTS

22. The FEC is tasked with the administration and civil enforcement of the Federal

Election Campaign Act, as amended, 52 U.S.C. §§ 30101-46. The FEC oversees compliance with

public disclosure requirements regarding funds raised and disbursed to influence federal elections,

and with restrictions on receipts and expenditures, among other campaign finance regulations.

23. Plaintiff is an administrative respondent in certain FEC enforcement matters. Those 

enforcement matters are among the Related MURs that are the subject of two civil actions before 

this Court: Giffords v. FEC, No. 1:19-cv-1192-EGS; and Giffords v. National Rifle Association of 

American Political Victory Fund, et. al., No. 1:21-cv-02887-EGS (hereinafter, “Giffords v NRA”).

24. On November 1, 2021, the Court in Giffords v. FEC authorized Giffords to file suit 

directly against the targets of its administrative complaint, pursuant to 52 U.S.C. § 30109(a)(8)(C), 

on the basis of an alleged “failure of the Commission to act on” Giffords’ administrative 

complaints. Order, Giffords v. FEC, No. 1:19-cv-1192-EGS (D.D.C. Nov. 1, 2021), ECF No. 75. 

Giffords should not have been permitted to pursue private action because the FEC acted on 

Giffords’ administrative complaints when it deadlocked on votes to pursue enforcement action 

and thereby dismissed those complaints. Even FEC counsel admitted that the Commissioners had 

in fact voted on the administrative complaints at issue and the controlling bloc of Commissioners 

had prepared and submitted a Statement of Reasons for the administrative record. Nevertheless, 

the Court permitted the action to proceed. Id.

25. Because of that order, on November 2, 2021, Giffords filed Giffords v. NRA

ostensibly under 52 U.S.C. § 30109(a)(8)(C). Josh Hawley for Senate, the Plaintiff in the present 

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matter, is a Defendant in Giffords v. NRA. Josh Hawley for Senate filed a Motion to Dismiss in 

Giffords v. NRA on January 21, 2022, and a Reply to Plaintiff’s Opposition to its Motion to Dismiss 

on March 4, 2022.

26. Plaintiff filed a FOIA Request with the FEC on November 23, 2021, to obtain 

materials necessary to its defense in Giffords v. NRA—namely, documents evidencing the FEC’s 

votes on the administrative complaints and the controlling Statement of Reasons. Specifically, 

Plaintiff requested records of votes cast by FEC Commissioners in connection with any and all of 

the following enforcement matters: Matter Under Review (“MUR”) 7427; 7497; 7621; 7524; 

7553; 7558; 7560; 7621; 7654; and Giffords v. FEC, 1:19-cv-01192. In addition, Plaintiff 

requested copies of any Statements of Reasons prepared by FEC Commissioners in connection 

with any and all of the following enforcement matters: MUR 7427; 7497; 7621; 7524; 7553; 7558; 

7560; 7621; 7654; and Giffords v. FEC, 1:19-cv-01192. Plaintiff’s FOIA Request is attached as 

Exhibit A.

27. The FEC acknowledged receipt of Plaintiff’s FOIA Request via email on November 

24, 2021. The FEC’s acknowledgement email is attached as Exhibit B.

28. The FEC informed Plaintiff by email on December 22, 2021, that it was “extending 

the processing period to respond to your request by ten (10) working days to January 7, 2022.”

The FEC’s extension email is attached as Exhibit C.

29. On January 7, 2022, the FEC responded to Plaintiff’s FOIA Request with six pages 

of redacted documents. The FEC asserted that redactions were made pursuant to FOIA Exemption 

5. The FEC also informed Plaintiff that it was:

withholding 32 pages of responsive materials under FOIA Exemptions 3(A) and 5.

FOIA Exemption 3(A) protects from disclosure information that is specifically 

exempted from disclosure by statute. See 5 U.S.C. § 552(b)(3)(A). Pursuant to the 

Federal Election Campaign Act, the FEC may not disclose information related to 

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open enforcement matters. 52 U.S.C. § 30109(a)(12). This continues to apply to 

respondents in open matters who have not waived confidentiality pursuant to 52 

U.S.C. § 30109(a)(12) and 11 C.F.R. § 111.21.

The FEC’s response of January 7, 2022, is attached as Exhibit D.

30. On March 25, 2022, the FEC responded to Plaintiff’s FOIA Request with one 

additional document. The FEC also informed Plaintiff:

On January 7, 2022, the FOIA Service Center produced six pages of records 

responsive to your request, consisting of vote certifications in Giffords v. FEC, No. 

19-1192. We also informed you that we were withholding 32 pages of materials 

under FOIA Exemptions 3(A) and 5, which consist of vote certifications and a 

Statement of Reasons in MURs 7427, 7497, 7621, 7524, 7553, 7558, 7560, 7621, 

and 7654.

The FEC asserted that “[t]his completes the FEC’s response to your request.” The FEC’s response 

of March 25, 2022, is attached as Exhibit E.

31. Plaintiff filed an administrative appeal with the FEC on March 30, 2022, seeking 

consideration by the Commissioners of the FEC’s improper withholding of responsive documents, 

and requesting that the Commissioners direct that all responsive documents be produced.

Plaintiff’s administrative appeal is attached as Exhibit F.

32. On April 27, 2022, the FEC informed Plaintiff that “[u]pon review of your FOIA 

appeal, the Commission was unable to render an opinion on whether to approve or deny the appeal 

by a majority vote.” The FEC’s correspondence regarding the Commissioners’ consideration of 

Plaintiff’s administrative appeal is attached as Exhibit G. The effect of the Commissioners’

divided vote is apparently to maintain the status quo, and the FEC continues to improperly 

withhold documents responsive to Plaintiff’s FOIA Request.

33. In November 2021, Plaintiff, along with all other administrative respondents in the 

Related MURs, filed waivers of confidentiality under 52 U.S.C. § 30109 with the FEC’s Office of 

General Counsel. Plaintiff executed and filed this waiver of confidentiality for the express purpose 

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of allowing the FEC to publicly release documents in the above-referenced matters implicating the 

activities of Plaintiff. See Exhibit H.

34. Plaintiff notified the FEC’s FOIA Office of the administrative respondents’ waivers 

of confidentiality filings in its FOIA Request and again in its Administrative Appeal. Plaintiff 

attached copies of all waivers of confidentiality to its Administrative Appeal.

35. The Court in Giffords v. FEC placed many of the filings in that matter under seal.

On December 13, 2021, the Court in Giffords v. FEC unsealed the record in that case after copies 

of the above-referenced waivers of confidentiality were filed with the Court. Minute Order, 

Giffords v. FEC, No. 1:19-cv-1192-EGS (D.D.C. Dec. 13, 2021). Details regarding the FEC’s 

consideration of the Related MURs, including the specific dates and results of votes and the 

existence of the controlling Statement of Reasons, are now known to persons outside the FEC only 

because the court unsealed the record in Giffords v. FEC.

36. Although the dates and results of votes taken in connection with the Related MURs 

are now known to the public, the FEC has refused to provide Plaintiff with the vote certifications 

of those same votes in response to its FOIA Request. Similarly, it is now known to the public that 

the two Commissioners who voted to dismiss the Related MURs provided the legally controlling

Statement of Reasons for the administrative record on October 26, 2021, but the FEC has refused 

to provide Plaintiff with a copy of that Statement of Reasons in response to its FOIA Request. See, 

e.g., Transcript, Giffords v. FEC, No. 1:19-cv-1192-EGS (D.D.C. Dec. 27, 2021), ECF No. 89 at 

7.

37. The FEC’s two responses to Plaintiff’s FOIA Request do not adequately explain 

why the FEC believes FOIA Exemptions 3(A) and 5 apply to the 32 pages of withheld responsive 

materials.

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38. Because all administrative respondents have waived their confidentiality rights 

under 52 U.S.C. § 30109, the FEC cannot rely on FOIA Exemption 3(A) as justification for 

withholding responsive documents. The court in Giffords v. FEC has already made public 

information about the contents of these documents on the basis of the administrative respondents’ 

waivers of confidentiality.

39. The FEC cannot rely on FOIA Exemption 5 because the Related MURs have been 

lawfully dismissed, the FEC’s consideration of the Related MURs is ended, and the FEC has taken 

final agency action. The documents withheld are neither predecisional nor deliberative. The two 

Commissioners who voted to dismiss the Related MURs submitted their Statement of Reasons for 

the administrative record. In the case of a “deadlocked” enforcement vote, where there are not the 

statutorily required four votes to proceed with enforcement action, this Statement of Reasons 

constitutes the FEC’s rationale for dismissal that is subject to judicial review. See FEC v. Nat’l 

Republican Senatorial Comm., 966 F.2d 1471, 1476 (D.C. Cir. 1992) (“Since those 

Commissioners constitute a controlling group for purposes of the decision [to dismiss], their 

rationale necessarily states the agency’s reasons for acting as it did.”). Thus, the FEC has made its 

decision in the Related MURs and, as a result, the documents related to the Related MURs are, by 

definition, no longer “predecisional” or “deliberative.” The FEC’s response of January 7, 2022, 

asserts that “the FEC may not disclose information related to open enforcement matters,” but the 

FEC’s asserted position that the Related MURs remain “open” is legal error under FECA, as 

construed by applicable D.C. Circuit precedent. See Citizens for Responsibility & Ethics v. FEC, 

993 F.3d 880, 891 (D.C. Cir. 2021) (rejecting argument that four votes are required for dismissal 

of enforcement matter and affirming longstanding holding that deadlocked enforcement votes

result in “deadlock dismissal”).

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40. The withheld responsive documents are critical to assisting Plaintiff in ongoing 

litigation. These documents, including the FEC’s controlling Statement of Reasons in the Related 

MURs, the existence of which the FEC acknowledged in separate litigation, would provide 

necessary and vital information to assist the Court in considering issues raised in Giffords v NRA. 

The FEC’s refusal to provide such documents, as well as the FEC’s failure to adequately explain

why FOIA Exemption 5 applies despite binding D.C. Circuit precedent to the contrary, is not only 

a direct violation of the FEC’s FOIA obligations and Plaintiff’s legal rights, but also directly harms 

Plaintiff’s ability to defend itself in pending litigation.

41. Plaintiff has fully exhausted its administrative remedies regarding the FOIA 

Request at issue in this matter and is now entitled to judicial action enjoining the FEC from 

continuing to improperly withhold records and ordering the production of records improperly 

withheld.

COUNT I

Violation of FOIA, 5 U.S.C. § 552

(Injunctive and Declaratory Relief Due To the FEC’s Wrongful Failure to Produce 

Records Pursuant to, and Violation of the Provisions of FOIA)

42. Plaintiff re-alleges and incorporates by reference all preceding paragraphs as if fully

set forth herein.

43. FOIA authorizes a court “to enjoin the agency from withholding agency records 

and to order the production of any agency records improperly withheld from the complainant.” 5

U.S.C. § 552(a)(4)(B).

44. Plaintiff properly requested records that are within the FEC’s custody and control.

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45. The FEC is an agency subject to FOIA, and therefore must release, in response to 

a FOIA request, any non-exempt records and provide a valid and lawful reason for withholding 

any materials.

46. The FEC is improperly attempting to use FOIA Exemptions 3(A) and 5 to shield 

from disclosure its votes on administrative complaints, including matters involving Plaintiffs, and 

a Statement of Reasons submitted for the administrative record in connection with those same 

administrative complaints.

47. By refusing and/or failing to produce the requested records when there is no legal 

basis for doing so the FEC violates Plaintiffs’ legal rights under the FOIA statute and is otherwise 

in violation of the FOIA statute.

48. The FEC’s failure to produce opinions rendered in enforcement proceedings is

directly contrary to 11 C.F.R. § 4.4(a)(3) and 4.5.

49. The FEC acted in an arbitrary and capricious manner with respect to its failure to 

release the requested records because the Commission has not provided adequate legal basis for 

withholding the records or delaying production, and because the purported legal basis for the 

Commission doing so is contrary to binding D.C. Circuit precedent. See 5 U.S.C. § 552(a)(4)(F)(i).

50. Plaintiff has exhausted its administrative appeal rights, and therefore may bring suit 

in this Court.

51. Accordingly, Plaintiff is entitled to injunctive and declaratory relief with respect to 

the disclosure and release of the records pursuant to Plaintiffs’ FOIA Request and is entitled to 

relief requiring the FEC to promptly produce all non-exempt records and to provide a meaningful 

index justifying the withholding of any responsive records in a manner that allows the Court to 

review the same in-camera.

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PRAYER FOR RELIEF

Wherefore, Plaintiff Josh Hawley for Senate respectfully requests the following relief:

1. A declaration that Defendant FEC violated the Freedom of Information Act by 

failing to lawfully satisfy Plaintiff’s FOIA Request;

2. An Order compelling the FEC to immediately process and release all records 

responsive to Plaintiff’s FOIA Request at no cost to Plaintiffs, including but not limited to 

the 32 pages of withheld responsive documents referenced in the FEC’s responses to Plaintiff’s 

FOIA Request, and/or to immediately provide an index of all withheld documents along with 

sufficient information such that Plaintiff and the Court may ascertain the basis for the 

Commission’s withholding of the withheld responsive documents, and the propriety and legality

of same;

3. A preliminary and permanent injunction enjoining Defendant FEC from

withholding records responsive to Plaintiff’s FOIA Request;

4. A declaration that the FEC acted arbitrarily and capriciously by withholding the 

requested records because the FEC lacked a legitimate and legal basis to do so under FOIA or 

otherwise;

5. A ruling that this Court retain jurisdiction of this action to ensure that the FEC 

properly and lawfully responds to the Request thus ensuring that no records are wrongfully 

withheld;

6. An award to Plaintiff of costs and reasonable attorneys’ fees pursuant to 5 U.S.C. 

§ 552(a)(4)(E) and/or as otherwise provided by law in light of the FEC’s lack of good faith in 

refusing to comply with the statutory requirements and thereby requiring Plaintiffs to expend 

resources in this matter; and

Case 1:22-cv-01275 Document 1 Filed 05/10/22 Page 13 of 15
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7. A grant of any and all other or additional relief that the Court may deem just and

proper.

Dated: May 10, 2022 Respectfully submitted,

/s/Jason Torchinsky

Jason Torchinsky (D.C. Bar No. 976033)

jtorchinsky@holtzmanvogel.com

Jessica Johnson (D.C. Bar No. 976688)

jessica@holtzmanvogel.com

J. Michael Bayes (D.C. Bar No. 501845) 

jmbayes@holtzmanvogel.com 

Dennis Polio (D.C. Bar No.198054)

dwpolio@holtzmanvogel.com

HOLTZMAN VOGEL BARAN TORCHINSKY & 

JOSEFIAK PLLC

2300 N Street NW, Suite 643A

Washington, DC 20037

Tel: (540) 341-8808

Fax: (540) 341-8809

Counsel for Plaintiff Josh Hawley for Senate

Case 1:22-cv-01275 Document 1 Filed 05/10/22 Page 14 of 15
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CERTIFICATE OF SERVICE

I certify that the foregoing complaint will be served as soon as the summons is available

on the following persons by certified mail, return receipt requested, and that a courtesy copy will

be emailed to Kevin Deeley, FEC’s Associate General Counsel for Litigation, at

kdeeley@fec.gov:

Office of the General Counsel

Federal Election Commission

1050 First Street NE

Washington, DC 20463

And

Attorney General of the United States Merrick Garland

c/o Assistant Attorney General for Administration

Justice Management Division

950 Pennsylvania Ave. NW

Room 1111

Washington, D.C. 20530

And

Matthew M. Graves

United States Attorney for the District of Columbia

Civil Process Clerk

555 4th St. NW

Washington, D.C. 20001

/s/Jason Torchinsky

Jason Torchinsky

Case 1:22-cv-01275 Document 1 Filed 05/10/22 Page 15 of 15
EXHIBIT A

Case 1:22-cv-01275 Document 1-1 Filed 05/10/22 Page 1 of 4
PAID FOR BY JOSH HAWLEY FOR SENATE

Salvatore Purpura

Treasurer

Josh Hawley For Senate

6334 Pumpernickel Lane

Monroe, NC 28110

November 22, 2021

Federal Election Commission

Attn: FOIA Requester Service Center

1050 First Street, NE

Washington, DC 20463

Re: Freedom of Information Act (FOIA) Request

To Whom It May Concern:

I submit this request for records pursuant to the Freedom of Information Act (“FOIA”), 5

U.S.C. § 552 and 11 C.F.R. § 4.1 et seq. I request that a copy of the records detailed below

be provided to me. I do not wish to inspect the records first.

I seek any and all records, as that term is defined under FOIA (5 U.S.C. § 552(f)(2)),

and applicable case law (see, e.g., Forsham v. Harris, 455 U.S. 169, 193 (1980)), 

existing in any format whatsoever, including, but not limited to, written

correspondence, email correspondence, records of telephone correspondence, records

pertaining to in-person meetings, calendar or scheduling entries, videotapes,

photographs, computer print- outs, telephone messages, or voice mail messages.

In particular, I request the following:

(1) Records of votes cast by FEC Commissioners in connection with any and all 

of the following matters:

 Matter Under Review 7427

 Matter Under Review 7497

 Matter Under Review 7621

 Matter Under Review 7524

 Matter Under Review 7553

 Matter Under Review 7558

 Matter Under Review 7560

Case 1:22-cv-01275 Document 1-1 Filed 05/10/22 Page 2 of 4
PAID FOR BY JOSH HAWLEY FOR SENATE

 Matter Under Review 7621

 Matter Under Review 7654

 Giffords v. Federal Election Commission, 1:19-cv-01192

(2) Statements of Reasons prepared by FEC Commissioners in connection with 

any and all of the following matters:

 Matter Under Review 7427

 Matter Under Review 7497

 Matter Under Review 7621

 Matter Under Review 7524

 Matter Under Review 7553

 Matter Under Review 7558

 Matter Under Review 7560

 Matter Under Review 7621

 Matter Under Review 7654

 Giffords v. Federal Election Commission, 1:19-cv-01192

Please be advised that all respondents to these matters have waived their rights to 

confidentiality under 52 U.S.C. § 30109 and 11 C.F.R. § 111.21. These waivers are on 

file with the Federal Election Commission Office of General Counsel. Accordingly, 

Section 30109 should not serve as an impediment to disclosure of the requested records.

Notice is hereby given that I am requesting these records as an “other requestor[]”

within the meaning of 5 U.S.C. § 552(a)(4)(A)(ii)(III) and 11 C.F.R. § 4.9(c)(1)(iv).

Notice is hereby given that I am willing to pay the appropriate fees incurred and assessed

for the “document search and duplication” of the agency records responsive to this

request. 5 U.S.C. § 552(a)(4)(A)(ii)(III); see also 11 C.F.R. § 4.9(c)(1)(iv).

Please search for responsive records regardless of format, medium, or physical

characteristics. I request that responsive records be produced in native format, or the

format most felicitous to an expedited production. Upon receipt of this request, please

take all reasonable steps to preserve relevant public records while the request is

pending.

If it is your position that any portion of the requested records is exempt from disclosure, 

I request that you provide a Vaughn index of those documents. See Vaughn v. Rosen,

484 F.2d 820 (D.C. Cir. 1973). As you are aware, a Vaughn index must describe each

document claimed as exempt with sufficient specificity “to permit a reasoned judgment

as to whether the material is actually exempt under FOIA.” Founding Church of

Scientology v. Bell, 603 F.2d 945, 959 (D.C. Cir. 1979). Moreover, the Vaughn index

must “describe each document or portion thereof withheld, and for each withholding it

must discuss the consequences of supplying the sought- after information.” King v. U.S.

Dep’t of Justice, 830 F.2d 210, 223–24 (D.C. Cir. 1987).

Case 1:22-cv-01275 Document 1-1 Filed 05/10/22 Page 3 of 4
PAID FOR BY JOSH HAWLEY FOR SENATE

In the event that some portions of the requested records are properly exempt from

disclosure, please disclose any reasonably segregable, non-exempt portions of the

requested records. See 5 U.S.C. § 552(b). Pursuant to regulation, please clearly

delineate any and all redactions in such a manner so that the justification for each

redaction is apparent. See 11 C.F.R. § 4.5(c). If it is your position that a document

contains non-exempt segments and that those non-exempt segments are so dispersed

throughout the documents as to make segregation impossible, please state what portion

of the document is non-exempt, and how the material is dispersed through the

document. Mead Data Cent. v. U.S. Dep’t of the Air Force, 455 F.2d 242, 261 (D.C.

Cir.

1977). Claims of non-segregability must be made with the same detail as required for

claims of exemptions in a Vaughn index. If a request is denied in whole, please state

specifically that it is not reasonable to segregate portions of the record for release.

If you have any questions about this request, please do not hesitate to contact me by phone

at (704) 668-1993 or by email at salpurpura2010@gmail.com. If records are available

in electronic format, please email the documentsto salpurpura2010@gmail.com. If not,

please send the requested documents to my attention at:

Salvatore Purpura

Treasurer

Josh Hawley For Senate

6334 Pumpernickel Lane

Monroe, NC 28110

Because of the time-sensitive nature of this request, I ask that you strictly comply with

the 20-day time limit established by FOIA and applicable FEC regulations. See 5

U.S.C. § 552(a)(6)(A); 11 C.F.R. § 4.7(c). Please be advised that once this 20-day

period has expired, you are deemed to have constructively denied this request, and I

will consider the internal appeals process to be constructively exhausted. See, e.g.,

Citizens For Ethics And Responsibility In Government v. Fed. Election Comm’n, 711

F.3d 180 (D.C. Cir. 2013). I also respectfully request that documents be made available

as soon as they are located and reviewed via a rolling production. I will undertake to

pay any and all reasonable increased costs incurred as part of a rolling production.

Sincerely,

 

Sal Purpura

Treasurer Josh Hawley for Senate

Case 1:22-cv-01275 Document 1-1 Filed 05/10/22 Page 4 of 4
EXHIBIT B

Case 1:22-cv-01275 Document 1-2 Filed 05/10/22 Page 1 of 3
Tuesday, March 29, 2022 at 09:47:02 Eastern Daylight Time

Page 1 of 2

Subject: Your Freedom of Informa.on Act Request to the Federal Elec.on Commission FOIA (2022-014)

Date: Wednesday, November 24, 2021 at 8:21:52 AM Eastern Standard Time

From: FOIA

To: Mike Bayes

AEachments: image001.jpg

Your Freedom of Informa.on Act Request to the Federal Elec.on Commission FOIA (2022-014)

Dear Mr. Bayes:

This email acknowledges receipt of your Freedom of Informa.on Act (FOIA) request dated November 23,

2021.

Specifically, you requested the following:

“1) Records of votes cast by FEC Commissioners in connec.on with any and all of the following maYers:

MaYer Under Review 7427

MaYer Under Review 7497

MaYer Under Review 7621

MaYer Under Review 7524

MaYer Under Review 7553

MaYer Under Review 7558

MaYer Under Review 7560

MaYer Under Review 7621

MaYer Under Review 7654

Giffords v. Federal Elec.on Commission, 1:19-cv-01192

(2) Statements of Reasons prepared by FEC Commissioners in connec.on with any and all of the following

maYers:

MaYer Under Review 7427

MaYer Under Review 7497

MaYer Under Review 7621

MaYer Under Review 7524

MaYer Under Review 7553

MaYer Under Review 7558

MaYer Under Review 7560

MaYer Under Review 7621

MaYer Under Review 7654

Giffords v. Federal Elec.on Commission, 1:19-cv-01192.”

We received your request on November 23, 2021.

We will soon be ini.a.ng our search for records responsive to your request. If we determine that you have

requested a voluminous amount of records that require extensive searching and examina.on, we will contact

you to discuss your willingness to modify your request.

Any ques.ons regarding the status of this request should be directed to our office at foia@fec.gov or 202-

694-1650. Please cite the following unique tracking number in all future correspondence regarding this

Case 1:22-cv-01275 Document 1-2 Filed 05/10/22 Page 2 of 3
Page 2 of 2

maYer: FOIA Request 2022-014.

Thank you for contac.ng the Federal Elec.on Commission.

Sincerely, 

 

Christopher Mealy

FEC FOIA Requester Service Center

From: Mike Bayes <jmbayes@HoltzmanVogel.com> 

Sent: Tuesday, November 23, 2021 9:13 AM

To: FOIA <FOIA@fec.gov>

Cc: salpurpura2010@gmail.com

Subject: FREEDOM OF INFORMATION ACT REQUEST

The aYached Freedom of InformaHon Act Request is submiYed on behalf of Josh Hawley for Senate, and

Salvatore Purpura, in his capacity as Treasurer. 

Please let us know if you have any ques.ons or require addi.onal informa.on.

Thank you, 

Michael Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

Mobile: (571) 235-7130

jmbayes@HoltzmanVogel.com // www.HoltzmanVogel.com

Washington DC Office

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808

Virginia Office

15405 John Marshall Highway

Haymarket, VA 20169

(540) 341-8808

PRIVILEGED AND CONFIDENTIAL

This communica.on and any accompanying documents are confiden.al and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any

disclosure, copying, distribu.on, or the taking of any ac.on in reliance upon this communica.on is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the aYorney-client,

accountant-client, or other privileges as to this communica.on or otherwise. If you have received this communica.on in error, please contact me at the above email address. Thank you.

DISCLAIMER

Any accoun.ng, business or tax advice contained in this communica.on, including aYachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a subs.tute for a formal

opinion, nor is it sufficient to avoid tax-related penal.es. If desired, Holtzman Vogel Baran Torchinsky & Josefiak PLLC would be pleased to perform the requisite research and provide you with a detailed

wriYen analysis. Such an engagement may be the subject of a separate engagement leYer that would define the scope and limits of the desired consulta.on services.

Case 1:22-cv-01275 Document 1-2 Filed 05/10/22 Page 3 of 3
EXHIBIT C

Case 1:22-cv-01275 Document 1-3 Filed 05/10/22 Page 1 of 3
Tuesday, March 29, 2022 at 09:48:17 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Wednesday, December 22, 2021 at 11:04:13 AM Eastern Standard Time

From: FOIA

To: Mike Bayes

 

VIA ELECTRONIC MAIL

Mike Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email concerns the request you filed on behalf of Josh Hawley for Senate, and Salvatore Purpura,

Treasurer, for information under the Freedom of Information Act (FOIA) received by the Federal

Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. Specifically,

you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

In accordance with 5 U.S.C. § 552(a)(6)(B)(i) and 11 C.F.R. § 4.7(c), we are extending the processing

period to respond to your request by ten (10) working days to January 7, 2022. This extension is

necessary because your request requires consultation with two or more components of the Commission

which have a substantial subject matter interest in the request. 11 C.F.R. § 4.7(c)(3). 

If you have any questions about this letter, you may contact the FOIA Requester Service Center at (202)

694-1650 or by email at FOIA@fec.gov. Please include the following tracking number in all future

correspondence regarding this matter – FOIA Request 2022-014.

 

Sincerely,

 Steve N. Hajjar

 FOIA Requester Service Center

Case 1:22-cv-01275 Document 1-3 Filed 05/10/22 Page 2 of 3
Page 2 of 2

Case 1:22-cv-01275 Document 1-3 Filed 05/10/22 Page 3 of 3
EXHIBIT D

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 1 of 9
Tuesday, March 29, 2022 at 09:58:19 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Friday, January 7, 2022 at 5:23:43 PM Eastern Standard Time

From: FOIA

To: Mike Bayes

CC: Press

AFachments: 2022-014 Bayes Responsive Records_Redacted.pdf

 

VIA ELECTRONIC MAIL

Michael Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email responds to the request you filed on behalf of Josh Hawley for Senate, and Salvatore

Purpura, Treasurer, for information under the Freedom of Information Act (FOIA) received by the

Federal Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. 

Specifically, you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

The FOIA Service Center has conducted a search and located documents responsive to your request.

Attached to this email is a six-page PDF containing records responsive to your request, portions of

which have been redacted under FOIA Exemption 5, which protects from disclosure inter- or intraagency memoranda or letters that would not be available by law to a party other than an agency in

litigation with the agency, including documents covered by the attorney work-product, deliberative

process, and attorney-client privileges. See 5 U.S.C. § 552(b)(5).

We are also withholding 32 pages of responsive materials under FOIA Exemptions 3(A) and 5. FOIA

Exemption 3(A) protects from disclosure information that is specifically exempted from disclosure by

statute. See 5 U.S.C. § 552(b)(3)(A). Pursuant to the Federal Election Campaign Act, the FEC may not

disclose information related to open enforcement matters. 52 U.S.C. § 30109(a)(12). This continues to

apply to respondents in open matters who have not waived confidentiality pursuant to 52 U.S.C.

§ 30109(a)(12) and 11 C.F.R. § 111.21.

Accordingly, your request has been granted in part.

You may contact our FOIA Public Liaison, Christine McClarin, at (202) 694-1485 for any further

assistance and to discuss any aspect of your request. Additionally, you may contact the Office of

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 2 of 9
Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 3 of 9
Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 4 of 9
BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: Issues Related to 

Court's Orders of September 30, 2021

)

) 

)

Civ. No. 19-1192 (EGS) (D.D.C. filed 

April 24, 2019) 

CERTIFICATION

I, Laura E. Sinram, Acting Secretary and Clerk of the Federal Election 

Commission, do hereby certify that on October 04, 2021, the Commission 

decided by a vote of 5-0, 

to: 

1. Authorize the Office of General Counsel to comply with the Court’s 

September 30, 2021 Minute Order in Giffords v. FEC, Civ. No. 19-

1192 (EGS) (D.D.C. filed April 24, 2019). 

Commissioners Broussard, Dickerson, Trainor, Walther, and Weintraub 

voted affirmatively for the decision. Commissioner Cooksey recused himself with 

respect to this matter and did not vote. 

Attest:

 October 4, 2021

Date Laura E. Sinram

Acting Secretary and Clerk of the 

Commission

(b) (5) (b) (5)

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 5 of 9
BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: Issues Related to the 

Court's Orders of September 30, 2021

)

) 

)

No. 19-1192 (EGS) (D.D.C. filed April 

24, 2019) 

Agenda Document No. X21-30

CERTIFICATION

I, Vicktoria J. Allen, recording secretary for the Federal Election Commission executive 

session on October 26, 2021, do hereby certify that the Commission failed by a vote of 3-0 to not 

appeal the September 30, 2021 decision of the district court. 

Commissioners Broussard, Walther, and Weintraub voted affirmatively for the motion. 

Commissioners Dickerson and Trainor abstained. Commissioner Cooksey was recused and did 

not vote. 

Attest:

 October 27, 2021

Date Vicktoria J. Allen

Acting Deputy Secretary of the Commission

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 6 of 9
 

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: The District Court's 

Minute Order Setting a Status 

Conference for November 1, 2021, and 

Further Proceedings Before the District 

Court

)

) 

) 

) 

) 

)

No. 19-1192 (EGS) (D.D.C. September 

30, 2021) 

Agenda Document No. X21-32 

CERTIFICATION

I, Vicktoria J. Allen, recording secretary of the Federal Election Commission executive 

session, do hereby certify that on October 26, 2021, the Commission took the following actions 

in the above-captioned matter: 

1. Decided by a vote of 5-0 to:

Authorize the Office of General Counsel to comply with the 

Court’s October 12, 2021 Minute Order in Giffords v. FEC, No. 

19-1192 (EGS) (D.D.C. filed April 24, 2019) to participate in the 

November 1, 2021 status conference. 

Commissioners Broussard, Dickerson, Trainor, Walther, and Weintraub voted 

affirmatively for the decision. Commissioner Cooksey was recused and did not vote. 

(b) (5)

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 7 of 9
Federal Election Commission Page 2 

Certification for Giffords v. FEC, No.19-1192 (EGS) (D.D.C. filed September 30, 2021) 

October 26, 2021 

Attest:

 October 27, 2021

Date Vicktoria J. Allen

Acting Deputy Secretary of the 

Commission

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 8 of 9
Page 2 of 2

Government Information Services (OGIS) at the National Archives and Records Administration to

inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows:

Office of Government Information Services, National Archives and Records Administration, 8601

Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-

741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with the response to this request, you may administratively appeal by writing to

the Chief FOIA Officer, Federal Election Commission, 1050 First St., N.E., Washington, DC 20463, or

sending an e-mail to foia@fec.gov. Any such appeal should follow the guidelines set forth in the

Commission’s FOIA regulations at 11 C.F.R. § 4.8. Thank you for contacting the FEC.

Sincerely, 

 Steve N. Hajjar

 FOIA Service Center

 

Case 1:22-cv-01275 Document 1-4 Filed 05/10/22 Page 9 of 9
EXHIBIT E

Case 1:22-cv-01275 Document 1-5 Filed 05/10/22 Page 1 of 4
Tuesday, March 29, 2022 at 09:56:36 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Friday, March 25, 2022 at 3:02:33 PM Eastern Daylight Time

From: FOIA

To: Mike Bayes

CC: Press

AGachments: 2022-014 Bayes Final Record.pdf

 

VIA ELECTRONIC MAIL

Mike Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email responds to the request you filed on behalf of Josh Hawley for Senate, and Salvatore

Purpura, Treasurer, for information under the Freedom of Information Act (FOIA) received by the

Federal Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. 

Specifically, you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

On January 7, 2022, the FOIA Service Center produced six pages of records responsive to your request,

consisting of vote certifications in Giffords v. FEC, No. 19-1192. We also informed you that we were

withholding 32 pages of materials under FOIA Exemptions 3(A) and 5, which consist of vote

certifications and a Statement of Reasons in MURs 7427, 7497, 7621, 7524, 7553, 7558, 7560, 7621,

and 7654.

We have located one additional page of responsive records that is attached to this email.

This completes the FEC’s response to your request.

You may contact our FOIA Public Liaison, Christine McClarin, at (202) 694-1485 for any further

assistance and to discuss any aspect of your request. Additionally, you may contact the Office of

Government Information Services (OGIS) at the National Archives and Records Administration to

inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows:

Office of Government Information Services, National Archives and Records Administration, 8601

Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-

741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with the response to this request, you may administratively appeal by writing to

the Chief FOIA Officer, Federal Election Commission, 1050 First St., N.E., Washington, DC 20463, or

Case 1:22-cv-01275 Document 1-5 Filed 05/10/22 Page 2 of 4
Page 2 of 2

sending an e-mail to foia@fec.gov. Any such appeal should follow the guidelines set forth in the

Commission’s FOIA regulations at 11 C.F.R. § 4.8. Thank you for contacting the FEC.

Sincerely, 

 Steve N. Hajjar

 FOIA Service Center

 

Case 1:22-cv-01275 Document 1-5 Filed 05/10/22 Page 3 of 4

EXHIBIT F

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 1 of 55
FOIA APPEAL

March 30, 2022

Chief FOIA Officer

Federal Election Commission

1050 First Street, NE

Washington, DC 20463

Re: FOIA Request (2022-014); FOIA Administrative Appeal

Dear Mr. Baker,

On behalf of FOIA Requester Josh Hawley for Senate, the undersigned counsel hereby 

files this administrative appeal in the matter designated 2022-14. As set forth below, the FEC’s 

FOIA Service Center improperly withheld responsive documents and we request the 

Commission direct that all responsive records be produced.

Background

• The Requestor filed its FOIA Request on November 22, 2021. 

• A representative from the FEC’s FOIA Requester Service Center acknowledged receipt 

by email on November 24, 2021. 

• By email dated December 22, 2021, the FEC granted itself an extension to January 7, 

2022. 

• On January 7, 2022, the FEC provided a partial response to the FOIA Request and 

produced six pages of partially redacted material. The FEC also stated that it was 

“withholding 32 pages of responsive materials under FOIA Exemptions 3(A) and 5.” 

The FEC’s correspondence explained: “FOIA Exemption 3(A) protects from disclosure 

information that is specifically exempted from disclosure by statute. See 5 U.S.C. § 

552(b)(3)(A). Pursuant to the Federal Election Campaign Act, the FEC may not disclose 

information related to open enforcement matters. 52 U.S.C. § 30109(a)(12). This 

continues to apply to respondents in open matters who have not waived confidentiality 

pursuant to 52 U.S.C. § 30109(a)(12) and 11 C.F.R. § 111.21.”

• On March 25, 2022, the FEC provided an additional response to the FOIA Request and 

produced one more page of responsive documents. The FEC’s correspondence also 

explained: “On January 7, 2022, the FOIA Service Center produced six pages of records 

responsive to your request, consisting of vote certifications in Giffords v. FEC, No. 19-

1192. We also informed you that we were withholding 32 pages of materials under FOIA 

Exemptions 3(A) and 5, which consist of vote certifications and a Statement of Reasons 

in MURs 7427, 7497, 7621, 7524, 7553, 7558, 7560, 7621, and 7654.”

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 2 of 55
Page 2 of 4

The documents and correspondence referenced above are included as Exhibit A.

The Requested Materials Cannot Be Withheld Pursuant to FOIA Exemptions 3(A) and 5

The FEC withheld vote certifications and one or more Statements of Reasons in MURs 

7427, 7497, 7621, 7524, 7553, 7558, 7560, 7621, and 7654, claiming that those materials are 

covered by Exemptions 3(A) and 5. Neither exemption is applicable and all requested 

documents should be produced.

Exemption 3(A)

Exemption 3(A), set forth at 11 C.F.R. § 4.5(a)(3)(A), applies to records “[s]pecifically 

exempted from disclosure by statute, provided that such statute (A) requires that the matters be 

withheld from the public in such a manner as to leave no discretion on the issue.” FECA’s 

applicable non-disclosure provision, 52 U.S.C. § 30109(a)(12), does not apply here because the 

administrative respondents have waived their confidentiality rights.

Section 30109(a)(12)(A) provides that “[a]ny notification or investigation made under 

this section shall not be made public by the Commission or by any person without the written 

consent of the person receiving such notification or the person with respect to whom such 

investigation is made.” With respect to the MURs identified in the FOIA Request, all 

respondents have filed written waivers of confidentiality with the FEC’s Office of General 

Counsel. The FOIA Request advised the FOIA Requester Service Center that these waivers 

were “on file with the Federal Election Commission Office of General Counsel” and that 

“Section 30109 should not serve as an impediment to disclosure of the requested records.”

In December 2021, the court in Giffords v. FEC, 1:19cv1192, which involves several of 

the MURs referenced above, unsealed the record in the case after being provided with the 

administrative respondents’ waivers of confidentiality. As previously noted, these waivers are 

on file with the Office of General Counsel, and we include them here as Exhibit B for the 

avoidance of any confusion and to ensure they are part of the record in this matter. The 

administrative respondents in these matters have expressly waived their confidentiality rights 

under Section 30109. That provision exists solely to protect the privacy of accused respondents, 

and once that privacy interest has been waived, the FEC can no longer use the provision to avoid 

disclosure. See In re Sealed Case 00-5116, 237 F.3d 657, 666 (D.C. Cir. 2001) (“both FECA 

and the FEC’s regulations interpreting the statute create an extraordinarily strong privacy interest 

in keeping the records sealed absent a party’s express written consent to the contrary”) 

(emphasis added). FOIA Exemption 3(A) no longer applies in this matter.

Exemption 5

Exemption 5, set forth at 11 C.F.R. § 4.5(a)(5), applies to records that constitute “[i]nteragency or intra-agency memoranda or letters which would not be available by law to a party in 

litigation with the Commission.” Exemption 5 has been construed to apply to records that would 

be privileged against discovery. See generally Ctr. For Biological Diversity v. United States 

Army Corps of Eng’rs, 405 F. Supp. 3d 127, 140 (D.D.C. 2019) (discussing scope and 

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 3 of 55
Page 3 of 4

application of Exemption 5). Neither of the FEC’s two responses to the FOIA Request identify 

which privilege the agency is claiming, although we presume it is the executive deliberative 

process privilege. (Attorney-client privilege and attorney work-product privilege are both 

plainly inapplicable.). In addition, “in order to qualify for the deliberative process privilege under 

Exemption 5, the government must demonstrate that the document is either inter-agency or intraagency in nature, and also that it is both predecisional and part of the agency’s deliberative 

process.” Dow Jones & Co. v. DOJ, 917 F.2d 571, 574 (D.C. Cir. 1990) (emphasis added). 

Neither of the FEC’s two responses provides any rationale for its purported application of 

Exemption 5.

The District Court recently explained: “To qualify for this privilege, the document must 

be both ‘predecisional’ and ‘deliberative.’ A predecisional communication is one that ‘precedes, 

in a temporal sense, the ‘decision’ to which it relates. A deliberative communication is one that 

is ‘a part of the agency give-and-take – of the deliberative process – by which the decision itself 

is made.” Ctr. for Public Integrity v. FEC, 332 F. Supp. 3d 174, 178 (D.D.C. 2018).

The records the FEC withheld are neither “predecisional” nor “deliberative.” From the 

record in Giffords v. FEC, it is publicly known that consideration of the MURs at issue resulted 

in deadlocked enforcement votes. Specifically, from Judge Sullivan’s Memorandum Opinion 

(Oct. 14, 2021), the public knows that a May 2019 “tally vote was inconclusive,” that a vote to 

find no reason to believe in MURs 7427 and 7497 “failed 2-3 with one recusal” on February 9, 

2021, and that a series of 3-2 and 2-3 votes were cast on February 23, 2021 in MURs 7427, 

7497, 7524, and 7553. At a hearing before the Court held on November 1, 2021, the FEC 

revealed that the Commissioners again deadlocked in votes taken on October 26, 2021, and also 

informed the Court that the Commissioners who voted against finding reason to believe 

“submitted to the administrative record their statement of reasons.” Thus, the Commission’s 

decision in these matters has been made.

In an enforcement matter where the Commissioners “deadlock” – that is, fail to garner 

four votes to find either reason to believe or no reason to believe – the D.C. Circuit requires the 

Commissioners who voted against finding reason to believe to produce a written Statement of 

Reasons. See FEC v. Nat’l Republican Senatorial Comm., 966 F.2d 1471, 1476 (D.C. Cir. 1992) 

(“Since those Commissioners constitute a controlling group for purposes of the decision [to 

dismiss], their rationale necessarily states the agency’s reasons for acting as it did.”); see also 

Democratic Congressional Campaign Committee v. FEC, 831 F.2d 1131 (D.C. Cir. 1987). This 

Statement of Reasons is not an “intra-agency memorandum” because it is written for the public 

record and court review. Furthermore, it is in no way “predecisional” or “deliberative.” Under 

applicable D.C. Circuit precedent, it serves as the explanation for the Commission’s decision in 

the matter; once this Statement of Reasons is issued, the FEC’s decision is made and there is no 

further deliberation. The controlling Commissioners’ Statement of Reasons publicly explains the 

FEC’s final decision in an enforcement matter for purposes of judicial review. Such Statement 

serves as the FEC’s public, judicially reviewable explanation of its decision, is affirmatively 

required by the D.C. Circuit, and it is not subject to FOIA Exemption 5 or otherwise privileged. 

*****

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 4 of 55
Page 4 of 4

For the reasons set forth above, we request the Commission direct that all responsive 

documents be produced to the FOIA Requestor.

Sincerely,

Jason Torchinsky

Michael Bayes

Jessica F. Johnson

Counsel to Josh Hawley for Senate

Attachments

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 5 of 55
EXHIBIT 1

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 6 of 55
PAID FOR BY JOSH HAWLEY FOR SENATE

Salvatore Purpura

Treasurer

Josh Hawley For Senate

6334 Pumpernickel Lane

Monroe, NC 28110

November 22, 2021

Federal Election Commission

Attn: FOIA Requester Service Center

1050 First Street, NE

Washington, DC 20463

Re: Freedom of Information Act (FOIA) Request

To Whom It May Concern:

I submit this request for records pursuant to the Freedom of Information Act (“FOIA”), 5

U.S.C. § 552 and 11 C.F.R. § 4.1 et seq. I request that a copy of the records detailed below

be provided to me. I do not wish to inspect the records first.

I seek any and all records, as that term is defined under FOIA (5 U.S.C. § 552(f)(2)),

and applicable case law (see, e.g., Forsham v. Harris, 455 U.S. 169, 193 (1980)), 

existing in any format whatsoever, including, but not limited to, written

correspondence, email correspondence, records of telephone correspondence, records

pertaining to in-person meetings, calendar or scheduling entries, videotapes,

photographs, computer print- outs, telephone messages, or voice mail messages.

In particular, I request the following:

(1) Records of votes cast by FEC Commissioners in connection with any and all 

of the following matters:

 Matter Under Review 7427

 Matter Under Review 7497

 Matter Under Review 7621

 Matter Under Review 7524

 Matter Under Review 7553

 Matter Under Review 7558

 Matter Under Review 7560

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 7 of 55
PAID FOR BY JOSH HAWLEY FOR SENATE

 Matter Under Review 7621

 Matter Under Review 7654

 Giffords v. Federal Election Commission, 1:19-cv-01192

(2) Statements of Reasons prepared by FEC Commissioners in connection with 

any and all of the following matters:

 Matter Under Review 7427

 Matter Under Review 7497

 Matter Under Review 7621

 Matter Under Review 7524

 Matter Under Review 7553

 Matter Under Review 7558

 Matter Under Review 7560

 Matter Under Review 7621

 Matter Under Review 7654

 Giffords v. Federal Election Commission, 1:19-cv-01192

Please be advised that all respondents to these matters have waived their rights to 

confidentiality under 52 U.S.C. § 30109 and 11 C.F.R. § 111.21. These waivers are on 

file with the Federal Election Commission Office of General Counsel. Accordingly, 

Section 30109 should not serve as an impediment to disclosure of the requested records.

Notice is hereby given that I am requesting these records as an “other requestor[]”

within the meaning of 5 U.S.C. § 552(a)(4)(A)(ii)(III) and 11 C.F.R. § 4.9(c)(1)(iv).

Notice is hereby given that I am willing to pay the appropriate fees incurred and assessed

for the “document search and duplication” of the agency records responsive to this

request. 5 U.S.C. § 552(a)(4)(A)(ii)(III); see also 11 C.F.R. § 4.9(c)(1)(iv).

Please search for responsive records regardless of format, medium, or physical

characteristics. I request that responsive records be produced in native format, or the

format most felicitous to an expedited production. Upon receipt of this request, please

take all reasonable steps to preserve relevant public records while the request is

pending.

If it is your position that any portion of the requested records is exempt from disclosure, 

I request that you provide a Vaughn index of those documents. See Vaughn v. Rosen,

484 F.2d 820 (D.C. Cir. 1973). As you are aware, a Vaughn index must describe each

document claimed as exempt with sufficient specificity “to permit a reasoned judgment

as to whether the material is actually exempt under FOIA.” Founding Church of

Scientology v. Bell, 603 F.2d 945, 959 (D.C. Cir. 1979). Moreover, the Vaughn index

must “describe each document or portion thereof withheld, and for each withholding it

must discuss the consequences of supplying the sought- after information.” King v. U.S.

Dep’t of Justice, 830 F.2d 210, 223–24 (D.C. Cir. 1987).

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 8 of 55
PAID FOR BY JOSH HAWLEY FOR SENATE

In the event that some portions of the requested records are properly exempt from

disclosure, please disclose any reasonably segregable, non-exempt portions of the

requested records. See 5 U.S.C. § 552(b). Pursuant to regulation, please clearly

delineate any and all redactions in such a manner so that the justification for each

redaction is apparent. See 11 C.F.R. § 4.5(c). If it is your position that a document

contains non-exempt segments and that those non-exempt segments are so dispersed

throughout the documents as to make segregation impossible, please state what portion

of the document is non-exempt, and how the material is dispersed through the

document. Mead Data Cent. v. U.S. Dep’t of the Air Force, 455 F.2d 242, 261 (D.C.

Cir.

1977). Claims of non-segregability must be made with the same detail as required for

claims of exemptions in a Vaughn index. If a request is denied in whole, please state

specifically that it is not reasonable to segregate portions of the record for release.

If you have any questions about this request, please do not hesitate to contact me by phone

at (704) 668-1993 or by email at salpurpura2010@gmail.com. If records are available

in electronic format, please email the documentsto salpurpura2010@gmail.com. If not,

please send the requested documents to my attention at:

Salvatore Purpura

Treasurer

Josh Hawley For Senate

6334 Pumpernickel Lane

Monroe, NC 28110

Because of the time-sensitive nature of this request, I ask that you strictly comply with

the 20-day time limit established by FOIA and applicable FEC regulations. See 5

U.S.C. § 552(a)(6)(A); 11 C.F.R. § 4.7(c). Please be advised that once this 20-day

period has expired, you are deemed to have constructively denied this request, and I

will consider the internal appeals process to be constructively exhausted. See, e.g.,

Citizens For Ethics And Responsibility In Government v. Fed. Election Comm’n, 711

F.3d 180 (D.C. Cir. 2013). I also respectfully request that documents be made available

as soon as they are located and reviewed via a rolling production. I will undertake to

pay any and all reasonable increased costs incurred as part of a rolling production.

Sincerely,

 

Sal Purpura

Treasurer Josh Hawley for Senate

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 9 of 55
Tuesday, March 29, 2022 at 09:47:02 Eastern Daylight Time

Page 1 of 2

Subject: Your Freedom of Informa.on Act Request to the Federal Elec.on Commission FOIA (2022-014)

Date: Wednesday, November 24, 2021 at 8:21:52 AM Eastern Standard Time

From: FOIA

To: Mike Bayes

AEachments: image001.jpg

Your Freedom of Informa.on Act Request to the Federal Elec.on Commission FOIA (2022-014)

Dear Mr. Bayes:

This email acknowledges receipt of your Freedom of Informa.on Act (FOIA) request dated November 23,

2021.

Specifically, you requested the following:

“1) Records of votes cast by FEC Commissioners in connec.on with any and all of the following maYers:

MaYer Under Review 7427

MaYer Under Review 7497

MaYer Under Review 7621

MaYer Under Review 7524

MaYer Under Review 7553

MaYer Under Review 7558

MaYer Under Review 7560

MaYer Under Review 7621

MaYer Under Review 7654

Giffords v. Federal Elec.on Commission, 1:19-cv-01192

(2) Statements of Reasons prepared by FEC Commissioners in connec.on with any and all of the following

maYers:

MaYer Under Review 7427

MaYer Under Review 7497

MaYer Under Review 7621

MaYer Under Review 7524

MaYer Under Review 7553

MaYer Under Review 7558

MaYer Under Review 7560

MaYer Under Review 7621

MaYer Under Review 7654

Giffords v. Federal Elec.on Commission, 1:19-cv-01192.”

We received your request on November 23, 2021.

We will soon be ini.a.ng our search for records responsive to your request. If we determine that you have

requested a voluminous amount of records that require extensive searching and examina.on, we will contact

you to discuss your willingness to modify your request.

Any ques.ons regarding the status of this request should be directed to our office at foia@fec.gov or 202-

694-1650. Please cite the following unique tracking number in all future correspondence regarding this

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 10 of 55
Page 2 of 2

maYer: FOIA Request 2022-014.

Thank you for contac.ng the Federal Elec.on Commission.

Sincerely, 

 

Christopher Mealy

FEC FOIA Requester Service Center

From: Mike Bayes <jmbayes@HoltzmanVogel.com> 

Sent: Tuesday, November 23, 2021 9:13 AM

To: FOIA <FOIA@fec.gov>

Cc: salpurpura2010@gmail.com

Subject: FREEDOM OF INFORMATION ACT REQUEST

The aYached Freedom of InformaHon Act Request is submiYed on behalf of Josh Hawley for Senate, and

Salvatore Purpura, in his capacity as Treasurer. 

Please let us know if you have any ques.ons or require addi.onal informa.on.

Thank you, 

Michael Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

Mobile: (571) 235-7130

jmbayes@HoltzmanVogel.com // www.HoltzmanVogel.com

Washington DC Office

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808

Virginia Office

15405 John Marshall Highway

Haymarket, VA 20169

(540) 341-8808

PRIVILEGED AND CONFIDENTIAL

This communica.on and any accompanying documents are confiden.al and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any

disclosure, copying, distribu.on, or the taking of any ac.on in reliance upon this communica.on is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the aYorney-client,

accountant-client, or other privileges as to this communica.on or otherwise. If you have received this communica.on in error, please contact me at the above email address. Thank you.

DISCLAIMER

Any accoun.ng, business or tax advice contained in this communica.on, including aYachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a subs.tute for a formal

opinion, nor is it sufficient to avoid tax-related penal.es. If desired, Holtzman Vogel Baran Torchinsky & Josefiak PLLC would be pleased to perform the requisite research and provide you with a detailed

wriYen analysis. Such an engagement may be the subject of a separate engagement leYer that would define the scope and limits of the desired consulta.on services.

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 11 of 55
Tuesday, March 29, 2022 at 09:48:17 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Wednesday, December 22, 2021 at 11:04:13 AM Eastern Standard Time

From: FOIA

To: Mike Bayes

 

VIA ELECTRONIC MAIL

Mike Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email concerns the request you filed on behalf of Josh Hawley for Senate, and Salvatore Purpura,

Treasurer, for information under the Freedom of Information Act (FOIA) received by the Federal

Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. Specifically,

you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

In accordance with 5 U.S.C. § 552(a)(6)(B)(i) and 11 C.F.R. § 4.7(c), we are extending the processing

period to respond to your request by ten (10) working days to January 7, 2022. This extension is

necessary because your request requires consultation with two or more components of the Commission

which have a substantial subject matter interest in the request. 11 C.F.R. § 4.7(c)(3). 

If you have any questions about this letter, you may contact the FOIA Requester Service Center at (202)

694-1650 or by email at FOIA@fec.gov. Please include the following tracking number in all future

correspondence regarding this matter – FOIA Request 2022-014.

 

Sincerely,

 Steve N. Hajjar

 FOIA Requester Service Center

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 12 of 55
Page 2 of 2

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 13 of 55
Tuesday, March 29, 2022 at 09:58:19 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Friday, January 7, 2022 at 5:23:43 PM Eastern Standard Time

From: FOIA

To: Mike Bayes

CC: Press

AFachments: 2022-014 Bayes Responsive Records_Redacted.pdf

 

VIA ELECTRONIC MAIL

Michael Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email responds to the request you filed on behalf of Josh Hawley for Senate, and Salvatore

Purpura, Treasurer, for information under the Freedom of Information Act (FOIA) received by the

Federal Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. 

Specifically, you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

The FOIA Service Center has conducted a search and located documents responsive to your request.

Attached to this email is a six-page PDF containing records responsive to your request, portions of

which have been redacted under FOIA Exemption 5, which protects from disclosure inter- or intraagency memoranda or letters that would not be available by law to a party other than an agency in

litigation with the agency, including documents covered by the attorney work-product, deliberative

process, and attorney-client privileges. See 5 U.S.C. § 552(b)(5).

We are also withholding 32 pages of responsive materials under FOIA Exemptions 3(A) and 5. FOIA

Exemption 3(A) protects from disclosure information that is specifically exempted from disclosure by

statute. See 5 U.S.C. § 552(b)(3)(A). Pursuant to the Federal Election Campaign Act, the FEC may not

disclose information related to open enforcement matters. 52 U.S.C. § 30109(a)(12). This continues to

apply to respondents in open matters who have not waived confidentiality pursuant to 52 U.S.C.

§ 30109(a)(12) and 11 C.F.R. § 111.21.

Accordingly, your request has been granted in part.

You may contact our FOIA Public Liaison, Christine McClarin, at (202) 694-1485 for any further

assistance and to discuss any aspect of your request. Additionally, you may contact the Office of

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 14 of 55
Page 2 of 2

Government Information Services (OGIS) at the National Archives and Records Administration to

inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows:

Office of Government Information Services, National Archives and Records Administration, 8601

Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-

741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with the response to this request, you may administratively appeal by writing to

the Chief FOIA Officer, Federal Election Commission, 1050 First St., N.E., Washington, DC 20463, or

sending an e-mail to foia@fec.gov. Any such appeal should follow the guidelines set forth in the

Commission’s FOIA regulations at 11 C.F.R. § 4.8. Thank you for contacting the FEC.

Sincerely, 

 Steve N. Hajjar

 FOIA Service Center

 

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 15 of 55
Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 16 of 55
Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 17 of 55
BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: Issues Related to 

Court's Orders of September 30, 2021

)

) 

)

Civ. No. 19-1192 (EGS) (D.D.C. filed 

April 24, 2019) 

CERTIFICATION

I, Laura E. Sinram, Acting Secretary and Clerk of the Federal Election 

Commission, do hereby certify that on October 04, 2021, the Commission 

decided by a vote of 5-0, 

to: 

1. Authorize the Office of General Counsel to comply with the Court’s 

September 30, 2021 Minute Order in Giffords v. FEC, Civ. No. 19-

1192 (EGS) (D.D.C. filed April 24, 2019). 

Commissioners Broussard, Dickerson, Trainor, Walther, and Weintraub 

voted affirmatively for the decision. Commissioner Cooksey recused himself with 

respect to this matter and did not vote. 

Attest:

 October 4, 2021

Date Laura E. Sinram

Acting Secretary and Clerk of the 

Commission

(b) (5) (b) (5)

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 18 of 55
BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: Issues Related to the 

Court's Orders of September 30, 2021

)

) 

)

No. 19-1192 (EGS) (D.D.C. filed April 

24, 2019) 

Agenda Document No. X21-30

CERTIFICATION

I, Vicktoria J. Allen, recording secretary for the Federal Election Commission executive 

session on October 26, 2021, do hereby certify that the Commission failed by a vote of 3-0 to not 

appeal the September 30, 2021 decision of the district court. 

Commissioners Broussard, Walther, and Weintraub voted affirmatively for the motion. 

Commissioners Dickerson and Trainor abstained. Commissioner Cooksey was recused and did 

not vote. 

Attest:

 October 27, 2021

Date Vicktoria J. Allen

Acting Deputy Secretary of the Commission

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 19 of 55
 

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Giffords v. FEC: The District Court's 

Minute Order Setting a Status 

Conference for November 1, 2021, and 

Further Proceedings Before the District 

Court

)

) 

) 

) 

) 

)

No. 19-1192 (EGS) (D.D.C. September 

30, 2021) 

Agenda Document No. X21-32 

CERTIFICATION

I, Vicktoria J. Allen, recording secretary of the Federal Election Commission executive 

session, do hereby certify that on October 26, 2021, the Commission took the following actions 

in the above-captioned matter: 

1. Decided by a vote of 5-0 to:

Authorize the Office of General Counsel to comply with the 

Court’s October 12, 2021 Minute Order in Giffords v. FEC, No. 

19-1192 (EGS) (D.D.C. filed April 24, 2019) to participate in the 

November 1, 2021 status conference. 

Commissioners Broussard, Dickerson, Trainor, Walther, and Weintraub voted 

affirmatively for the decision. Commissioner Cooksey was recused and did not vote. 

(b) (5)

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 20 of 55
Federal Election Commission Page 2 

Certification for Giffords v. FEC, No.19-1192 (EGS) (D.D.C. filed September 30, 2021) 

October 26, 2021 

Attest:

 October 27, 2021

Date Vicktoria J. Allen

Acting Deputy Secretary of the 

Commission

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 21 of 55
Tuesday, March 29, 2022 at 09:56:36 Eastern Daylight Time

Page 1 of 2

Subject: Freedom of Informa,on Act Request to the Federal Elec,on Commission (2022-014)

Date: Friday, March 25, 2022 at 3:02:33 PM Eastern Daylight Time

From: FOIA

To: Mike Bayes

CC: Press

AGachments: 2022-014 Bayes Final Record.pdf

 

VIA ELECTRONIC MAIL

Mike Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Request to the Federal Election Commission (2022-014)

Dear Mr. Bayes,

This email responds to the request you filed on behalf of Josh Hawley for Senate, and Salvatore

Purpura, Treasurer, for information under the Freedom of Information Act (FOIA) received by the

Federal Election Commission’s (FEC) FOIA Requester Service Center on November 23, 2021. 

Specifically, you requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621, 7524, 7553,

7558, 7560, 7621, and 7654 and in Giffords v. Federal Election Commission, 1:19-cv-01192

On January 7, 2022, the FOIA Service Center produced six pages of records responsive to your request,

consisting of vote certifications in Giffords v. FEC, No. 19-1192. We also informed you that we were

withholding 32 pages of materials under FOIA Exemptions 3(A) and 5, which consist of vote

certifications and a Statement of Reasons in MURs 7427, 7497, 7621, 7524, 7553, 7558, 7560, 7621,

and 7654.

We have located one additional page of responsive records that is attached to this email.

This completes the FEC’s response to your request.

You may contact our FOIA Public Liaison, Christine McClarin, at (202) 694-1485 for any further

assistance and to discuss any aspect of your request. Additionally, you may contact the Office of

Government Information Services (OGIS) at the National Archives and Records Administration to

inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows:

Office of Government Information Services, National Archives and Records Administration, 8601

Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-

741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with the response to this request, you may administratively appeal by writing to

the Chief FOIA Officer, Federal Election Commission, 1050 First St., N.E., Washington, DC 20463, or

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 22 of 55
Page 2 of 2

sending an e-mail to foia@fec.gov. Any such appeal should follow the guidelines set forth in the

Commission’s FOIA regulations at 11 C.F.R. § 4.8. Thank you for contacting the FEC.

Sincerely, 

 Steve N. Hajjar

 FOIA Service Center

 

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 23 of 55

EXHIBIT 2

Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 25 of 55
1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

GIFFORDS, 

 Plaintiff, 

v. 

FEDERAL ELECTION COMMISSION, 

 Defendant. 

Case No. 1:19-cv-01192 

Hon. Emmet G. Sullivan 

 / 

INDEX OF EXHIBITS 

Exhibit A Proposed Order 

Exhibit B FECA Confidentiality Waiver 

Exhibit C Certificate of Corporate Disclosure 

Case 1:19-cv-01192-EGS Document 77-1 Filed 11/12/21 Page 1 of 1 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 26 of 55
EXHIBIT B 

Case 1:19-cv-01192-EGS Document 77-3 Filed 11/12/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 27 of 55
Case 1:19-cv-01192-EGS Document 77-3 Filed 11/12/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 28 of 55
Case 1:19-cv-01192-EGS Document 77-3 Filed 11/12/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 29 of 55
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

GIFFORDS, 

 Plaintiff,

v. 

FEDERAL ELECTION COMMISSION, 

 Defendant.

Case No. 1:19-cv-01192 

Hon. Emmet G. Sullivan 

/ 

INDEX OF EXHIBITS

Exhibit A Matt Rosendale for Montana, confidentiality waiver

Exhibit B Josh Hawley for Senate, confidentiality waiver

Exhibit C Ron Johnson for Senate, confidentiality waiver

Exhibit D Cotton for Senate, confidentiality waiver

Exhibit E On Message, Inc., and Starboard Strategic, Inc., 

confidentiality waiver

Exhibit F The Thom Tillis Committee and Collin McMichael, 

confidentiality waiver

Exhibit G National Media Research Planning and Placement, LLC, 

Red Eagle Media Group, and American Media & Advocacy 

Group, confidentiality waiver 

Exhibit H Make America Great Again PAC, f/k/a Donald J. Trump for 

President, Inc., confidentiality waiver 

Exhibit I Senator Richard Burr, the Richard Burr Committee, and 

Timothy W. Gupton, confidentiality waiver

Case 1:19-cv-01192-EGS Document 82-1 Filed 12/07/21 Page 1 of 1 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 30 of 55
EXHIBIT A 

Case 1:19-cv-01192-EGS Document 82-2 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 31 of 55
CHRIS K. GOBER

PO BOX 341016

AUSTIN, TX 78734

512.354.1783 DIRECT

CG@GOBERGROUP.COM

November 19, 2021

Federal Election Commission

1050 First Street, NE

Washington, DC 20463

Re: Waiver of Rights of Confidentiality

Dear Commissioners and Staff: 

I am Matt Rosendale for Montana’s counsel of record in four pending Federal Election 

Commission (“Commission”) MURs—7497, 7560, 7621, and 7654—that that assert similar facts 

and allegations. 

Pursuant to 52 U.S.C. § 30109(a)(12), “[a]ny notification or investigation made under [Section 

30109] shall not be made public by the Commission or by any person without the written consent 

of the person receiving such notification or the person with respect to whom such investigation 

is made.” Furthermore, 11 C.F.R. § 111.21(a) provides that “no complaint filed with the 

Commission, nor any notification sent by the Commission, nor any investigation conducted by 

the Commission, nor any findings made by the Commission shall be made public by the 

Commission or by any person or entity without the written consent of the respondent with 

respect to whom the complaint was filed, the notification sent, the investigation conducted, or the 

finding made.” 11 C.F.R. § 111.21(b) provides that “no action by the Commission or by any 

person, and no information derived in connection with conciliation efforts pursuant to 11 CFR 

111.18, may be made public by the Commission except upon a written request by respondent and 

approval thereof by the Commission.” Finally, 11 C.F.R. § 111.21(c) provides that “[n]othing in 

these regulations shall be construed to prevent the introduction of evidence in the courts of the 

United States which could properly be introduced pursuant to the Federal Rules of Evidence or 

Federal Rules of Civil Procedure.”

The purpose of this letter is to formally notify the Commission that Matt Rosendale for 

Montana hereby waives any and all rights to confidentiality afforded to it under 52 U.S.C. § 

Case 1:19-cv-01192-EGS Document 82-2 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 32 of 55
FEDERAL ELECTION COMMISSION

NOVEMBER 19, 2021

PAGE 2 OF 2

30109 and 11 C.F.R. § 111.21, effective as of the date below, with respect to MURs 7497, 7560, 

7621, and 7654. 

Without limiting the foregoing, the Commission, either as an agency or through individual 

Commissioners, is authorized by Matt Rosendale for Montana to disclose information regarding: 

(i) complaints filed with the Commission in the above stated matters; (ii) notifications sent by the 

Commission in the above stated matters; (iii) investigations conducted by the Commission in the 

above stated matters; and (iv) findings made by the Commission in the above stated matters.

In addition, the Commission, either as an agency or through individual Commissioners, is 

authorized by Matt Rosendale for Montana to disclose the responses filed on behalf of Matt 

Rosendale for Montana in MURs 7497, 7560, 7621, and 7654, in whole or in part, and any votes 

taken in connection with the above stated matters.

If the Commission has additional questions related to this waiver, please do not hesitate 

to contact me at (512) 354-1783 or cg@gobergroup.com. 

Sincerely, 

Chris K. Gober 

Counsel to Matt Rosendale for Montana, 

and Errol Galt, in his official capacity as Treasurer

Case 1:19-cv-01192-EGS Document 82-2 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 33 of 55
EXHIBIT B 

Case 1:19-cv-01192-EGS Document 82-3 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 34 of 55
Case 1:19-cv-01192-EGS Document 82-3 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 35 of 55
Case 1:19-cv-01192-EGS Document 82-3 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 36 of 55
EXHIBIT C 

Case 1:19-cv-01192-EGS Document 82-4 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 37 of 55
51 LOUISIANA AVENUE, N.W. • WASHINGTON, D.C. 20001.2113 

TELEPHONE: +1.202.879.3939 • FACSIMILE: +1.202.626.1700 

ALKHOBAR x AMSTERDAM x ATLANTA x BEIJING x BOSTON x BRISBANE x BRUSSELS x CHICAGO x CLEVELAND x COLUMBUS x DALLAS 

DETROIT x DUBAI x DÜSSELDORF x FRANKFURT x HONG KONG x HOUSTON x IRVINE x JEDDAH x LONDON x LOS ANGELES x MADRID

MEXICO CITY x MIAMI x MILAN x MINNEAPOLIS x MOSCOW x MUNICH x NEW YORK x PARIS x PERTH x PITTSBURGH x RIYADH 

SAN DIEGO x SAN FRANCISCO x SÃO PAULO x SHANGHAI x SILICON VALLEY x SINGAPORE x SYDNEY x TAIPEI x TOKYO x WASHINGTON

November 4, 2021 

VIA E-MAIL TO CELA@FEC.GOV 

Federal Election Commission 

c/o Office of Complaints Examination and Legal Administration 

1050 First Street, N.E.

Washington, DC 20463 

Re: Matter Under Review 7427 

(Notice of Consent under 52 U.S.C. § 30109(a)(12)) 

Dear Commissioners: 

On behalf of Ron Johnson for Senate (“the Campaign”), I write in regard to MUR 74271

to provide the Campaign’s consent to waive its confidentiality protections under 52 U.S.C. 

§ 30109(a)(12) with regard to the proceedings to date. 

As the Campaign made clear in its original response in this matter, the Complainants never 

alleged that Ron Johnson for Senate violated the law. To the contrary, their Complaint openly 

recognizes that the Campaign did not engage in prohibited coordination under 11 C.F.R. § 109.21. 

See Compl. ¶ 53 n.103 (citing 11 C.F.R. § 109.21(b)). Indeed, Complainants never even named 

the Campaign as a Respondent or sought a penalty against the Campaign. As such, there was 

absolutely no basis for the FEC to generate the Campaign as a Respondent in this matter let alone 

find reason to believe that a violation occurred. Nevertheless, the FEC generated the Campaign 

as a Respondent to the Complaint. 

The Committee reserves its rights to rescind its consent in the event of any future FEC 

notification(s) or investigation(s) in connection with the MURs referenced in this letter. Thank 

you for your attention to this matter. 

1

 In addition, to the extent the Campaign was generated as a Respondent in any of the other MURs filed by 

the same Complainants and raising similar issues (MURs 7497, 7524, and 7553), the Campaign hereby waives the 

confidentiality protections in those matters as well. 

Direct Number: (202) 879-3986 

Mnewton@jonesday.com 

Case 1:19-cv-01192-EGS Document 82-4 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 38 of 55
Federal Election Commission 

November 4, 2021 

Page 2 

Respectfully, 

Megan Sowards Newton 

CC: Chair Shana M. Broussard (via email to Commission Secretary) 

Vice Chairman Allen Dickerson (via email to Commission Secretary) 

Commissioner Sean J. Cooksey (via email to Commission Secretary) 

Commissioner James E. “Trey” Trainor (via email to Commission Secretary) 

 Commissioner Steven T. Walther (via email to Commission Secretary) 

 Commissioner Ellen L. Weintraub (via email to Commission Secretary) 

Case 1:19-cv-01192-EGS Document 82-4 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 39 of 55
EXHIBIT D 

Case 1:19-cv-01192-EGS Document 82-5 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 40 of 55
Case 1:19-cv-01192-EGS Document 82-5 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 41 of 55
Case 1:19-cv-01192-EGS Document 82-5 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 42 of 55
EXHIBIT E 

Case 1:19-cv-01192-EGS Document 82-6 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 43 of 55
Case 1:19-cv-01192-EGS Document 82-6 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 44 of 55
Case 1:19-cv-01192-EGS Document 82-6 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 45 of 55
EXHIBIT F 

Case 1:19-cv-01192-EGS Document 82-7 Filed 12/07/21 Page 1 of 2 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 46 of 55
Case 1:19-cv-01192-EGS Document 82-7 Filed 12/07/21 Page 2 of 2 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 47 of 55
EXHIBIT G 

Case 1:19-cv-01192-EGS Document 82-8 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 48 of 55
Case 1:19-cv-01192-EGS Document 82-8 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 49 of 55
Case 1:19-cv-01192-EGS Document 82-8 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 50 of 55
EXHIBIT H 

Case 1:19-cv-01192-EGS Document 82-9 Filed 12/07/21 Page 1 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 51 of 55
Case 1:19-cv-01192-EGS Document 82-9 Filed 12/07/21 Page 2 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 52 of 55
Case 1:19-cv-01192-EGS Document 82-9 Filed 12/07/21 Page 3 of 3 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 53 of 55
EXHIBIT I 

Case 1:19-cv-01192-EGS Document 82-10 Filed 12/07/21 Page 1 of 2 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 54 of 55
Case 1:19-cv-01192-EGS Document 82-10 Filed 12/07/21 Page 2 of 2 Case 1:22-cv-01275 Document 1-6 Filed 05/10/22 Page 55 of 55
EXHIBIT G

Case 1:22-cv-01275 Document 1-7 Filed 05/10/22 Page 1 of 3
From: FOIA FOIA@fec.gov

Subject: Freedom of Information Act Appeal to the Federal Election Commission (2022-04-A)

Date: April 27, 2022 at 9:53 AM

To: Mike Bayes jmbayes@HoltzmanVogel.com

VIA ELECTRONIC MAIL

Michael Bayes

Holtzman Vogel Baran Torchinsky & Josefiak PLLC

2300 N Street, NW, Ste 643-A

Washington, DC 20037

(202) 737-8808 

jmbayes@HoltzmanVogel.com

Re: Your Freedom of Information Act Appeal to the Federal Election Commission

(2022-04-A)

Dear Mr. Bayes,

This email concerns the FOIA Appeal you filed on behalf of Josh Hawley for Senate and

Salvatore Purpura, Treasurer, received by the Federal Election Commission’s (FEC) FOIA

Requester Service Center on March 30, 2022. You requested:

Records of votes cast and Statements of Reason in MURs 7427, 7497, 7621,

7524, 7553, 7558, 7560, 7621, and 7654 and in Giffords v. Federal Election

Commission, 1:19-cv-01192

On January 7, 2022, the FOIA Service Center produced six pages of records responsive to

your request, consisting of vote certifications in Giffords v. FEC, No. 19-1192. We also

informed you that we were withholding 32 pages of materials under FOIA Exemptions 3(A)

and 5, which consist of vote certifications and a Statement of Reasons in MURs 7427, 7497,

7621, 7524, 7553, 7558, 7560, 7621, and 7654. On March 25, we provided you with one

additional page of records.

Upon review of your FOIA appeal, the Commission was unable to render an opinion on

whether to approve or deny the appeal by a majority vote.

The 2007 FOIA amendments created the Office of Government Information Services

(OGIS) to offer mediation services to resolve disputes between FOIA requesters and federal

agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect

your right to pursue litigation. You may contact OGIS at:

Office of Government Information Services 

National Archives and Records Administration 

8601 Adelphi Road 

College Park, MD 20740-6001 

E-mail: ogis@nara.gov 

Telephone: 202-741-5770 

Fax: 202-741-5769 

Case 1:22-cv-01275 Document 1-7 Filed 05/10/22 Page 2 of 3
Fax: 202-741-5769 

Toll-free: 1-877-684-6448

You are advised that you may bring a civil action in U.S. District Court with respect to any

adverse FOIA determination. If you have any questions, please contact the FOIA Requester

Service Center at FOIA@fec.gov or (202) 694-1650.

Sincerely,

 Steve N. Hajjar

 FOIA Requester Service Center

Case 1:22-cv-01275 Document 1-7 Filed 05/10/22 Page 3 of 3
CIVIL COVER SHEET 

JS-44 (Rev. 11/2020 DC) 

I. (a) PLAINTIFFS

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________

(EXCEPT IN U.S. PLAINTIFF CASES) 

DEFENDANTS 

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED 

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) 

II. BASIS OF JURISDICTION

(PLACE AN x IN ONE BOX ONLY)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR 

PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!

o 1 U.S. Government

 Plaintiff

o 2 U.S. Government

 Defendant

o 3 Federal Question

 (U.S. Government Not a Party) 

o 4 Diversity

(Indicate Citizenship of

 Parties in item III) 

Citizen of this State 

Citizen of Another State 

Citizen or Subject of a 

Foreign Country 

PTF

o 1

o 2

o 3

DFT 

o 1

o 2

o 3

Incorporated or Principal Place 

of Business in This State 

Incorporated and Principal Place 

of Business in Another State 

Foreign Nation 

PTF 

o 4

o 5

o 6

DFT

o 4

o 5

o 6

IV. CASE ASSIGNMENT AND NATURE OF SUIT

(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit) 

o A. Antitrust

410 Antitrust 

o B. Personal Injury/ 

 Malpractice

310 Airplane 

315 Airplane Product Liability 

320 Assault, Libel & Slander 

330 Federal Employers Liability 

340 Marine 

345 Marine Product Liability 

350 Motor Vehicle 

355 Motor Vehicle Product Liability 

360 Other Personal Injury 

362 Medical Malpractice 

365 Product Liability 

367 Health Care/Pharmaceutical 

 Personal Injury Product Liability 

368 Asbestos Product Liability 

o C. Administrative Agency

 Review

151 Medicare Act 

Social Security 

861 HIA (1395ff) 

862 Black Lung (923) 

863 DIWC/DIWW (405(g)) 

864 SSID Title XVI 

865 RSI (405(g)) 

Other Statutes 

891 Agricultural Acts 

893 Environmental Matters 

890 Other Statutory Actions (If 

 Administrative Agency is 

 Involved) 

o D. Temporary Restraining 

 Order/Preliminary 

 Injunction

Any nature of suit from any category 

may be selected for this category of 

case assignment. 

*(If Antitrust, then A governs)* 

o E. General Civil (Other) OR o F. Pro Se General Civil

Real Property 

210 Land Condemnation 

220 Foreclosure 

230 Rent, Lease & Ejectment 

240 Torts to Land 

245 Tort Product Liability 

290 All Other Real Property 

Personal Property 

370 Other Fraud 

371 Truth in Lending 

380 Other Personal Property 

 Damage 

385 Property Damage 

 Product Liability 

Bankruptcy 

422 Appeal 27 USC 158 

423 Withdrawal 28 USC 157 

Prisoner Petitions 

535 Death Penalty 

540 Mandamus & Other 

550 Civil Rights 

555 Prison Conditions 

560 Civil Detainee – Conditions 

 of Confinement 

Property Rights 

820 Copyrights 

830 Patent 

835 Patent – Abbreviated New 

 Drug Application 

840 Trademark 

880 Defend Trade Secrets Act of 

 2016 (DTSA) 

Federal Tax Suits 

870 Taxes (US plaintiff or 

 defendant) 

871 IRS-Third Party 26 USC 

 7609 

Forfeiture/Penalty 

625 Drug Related Seizure of 

 Property 21 USC 881 

690 Other 

Other Statutes 

375 False Claims Act 

376 Qui Tam (31 USC 

3729(a)) 

400 State Reapportionment 

430 Banks & Banking 

450 Commerce/ICC Rates/etc 

460 Deportation 

462 Naturalization 

 Application

465 Other Immigration Actions 

470 Racketeer Influenced 

 & Corrupt Organization 

480 Consumer Credit 

485 Telephone Consumer 

 Protection Act (TCP$) 

490 Cable/Satellite TV 

850 Securities/Commodities/ 

 Exchange 

896 Arbitration 

899 Administrative Procedure 

 Act/Review or Appeal of 

 Agency Decision 

950 Constitutionality of State 

 Statutes 

890 Other Statutory Actions 

 (if not administrative agency 

 review or Privacy Act)

Josh Hawley for Senate Federal Election Commission

Holtzman Vogel Baran Torchinsky Josefiak, PLLC

2300 N Street NW, Suite 643A

Washington, DC 20037

(202) 737-8808 (P)

Office of the General Counsel

Federal Election Commission

1050 First Street NE

Washington, DC 20463

St. Louis County

Case 1:22-cv-01275 Document 1-8 Filed 05/10/22 Page 1 of 2
o G. Habeas Corpus/ 

 2255

530 Habeas Corpus – General 

510 Motion/Vacate Sentence 

463 Habeas Corpus – Alien 

 Detainee 

o H. Employment

Discrimination

442 Civil Rights – Employment 

 (criteria: race, gender/sex, 

 national origin, 

 discrimination, disability, age, 

 religion, retaliation) 

*(If pro se, select this deck)*

o I. FOIA/Privacy Act

895 Freedom of Information Act 

890 Other Statutory Actions 

 (if Privacy Act) 

*(If pro se, select this deck)*

o J. Student Loan

152 Recovery of Defaulted 

 Student Loan 

 (excluding veterans)

o K. Labor/ERISA

 (non-employment) 

710 Fair Labor Standards Act 

720 Labor/Mgmt. Relations 

740 Labor Railway Act 

751 Family and Medical 

 Leave Act 

790 Other Labor Litigation 

791 Empl. Ret. Inc. Security Act

o L. Other Civil Rights

 (non-employment)

441 Voting (if not Voting Rights 

 Act) 

443 Housing/Accommodations 

440 Other Civil Rights 

445 Americans w/Disabilities – 

 Employment 

446 Americans w/Disabilities – 

 Other 

448 Education 

o M. Contract

110 Insurance 

120 Marine 

130 Miller Act 

140 Negotiable Instrument 

150 Recovery of Overpayment 

 & Enforcement of 

 Judgment 

153 Recovery of Overpayment 

 of Veteran’s Benefits 

160 Stockholder’s Suits 

190 Other Contracts 

195 Contract Product Liability 

196 Franchise 

o N. Three-Judge

Court

441 Civil Rights – Voting

 (if Voting Rights Act) 

V. ORIGIN 

o 1 Original

Proceeding

o 2 Removed 

from State

 Court 

o 3 Remanded 

from Appellate

Court 

o4 Reinstated 

or Reopened 

o5 Transferred 

from another 

district (specify)

o 6 Multi-district 

Litigation 

o7 Appeal to

District Judge

from Mag. 

Judge

o8 Multi-district 

Litigation –

Direct File

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

VII. REQUESTED IN 

COMPLAINT

CHECK IF THIS IS A CLASS 

ACTION UNDER F.R.C.P. 23 

DEMAND $ 

 JURY DEMAND: 

Check YES only if demanded in complaint 

YES NO 

VIII. RELATED CASE(S)

IF ANY

(See instruction) YES NO If yes, please complete related case form 

DATE: _________________________ SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________ 

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 

Authority for Civil Cover Sheet 

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required 

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the 

Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. 

Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet. 

I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident

of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States. 

III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction

under Section II. 

IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best

represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding 

nature of suit found under the category of the case.

VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from

the Clerk’s Office. 

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form. 

5 U.S.C. § 552

✘

✘

5/10/2022

Case 1:22-cv-01275 Document 1-8 Filed 05/10/22 Page 2 of 2
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Case 1:22-cv-01275 Document 1-9 Filed 05/10/22 Page 1 of 1
CO-386

10/

United States District Court

For the District of Columbia

)

)

)

)

) Civil Action No._______________________

)

)

)

)

)

CERTIFICATE RULE LCvR .1

I, the undersigned, counsel of record for ____________________________________ certify that to the best of my knowledge and

belief, the following are parent companies, subsidiaries or affiliates of _______________________________________ which have

any outstanding securities in the hands of the public:

These representations are made in order that judges of this court may determine the need for recusal.

Attorney of Record

_______________________________________

Signature

________________________________________ _______________________________________

BAR IDENTIFICATION NO. Print Name

_______________________________________

Address

_______________________________________

City State Zip Code

_______________________________________

Phone Number

Josh Hawley for Senate

vs

Plaintiff

Federal Election Commission

Defendant

Josh Hawley for Senate

Josh Hawley for Senate

N/A

976033 Jason B. Torchinsky

2300 N Street NW, Suite 643A

Washington, DC 20037

540-341-8808

Case 1:22-cv-01275 Document 1-10 Filed 05/10/22 Page 1 of 1
FOIA SummRQs

1/1

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

)

Plaintiff )

)

v. ) Civil Action No.

)

)

Defendant )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 30 days after service of this summons on you (not counting the day you received it) you must

serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of

Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and

address are:

If you fail to respond, judgment by default may be entered against you for the relief demanded in the

complaint. You also must file your answer or motion with the court.

ANGELA D. CAESAR, CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Josh Hawley for Senate

Federal Election Commission

Federal Election Commission

1050 First Street NE

Washington, DC 20463

Jason B. Torchinsky

Holtzman Vogel Baran Torchinsky Josefiak, PLLC

2300 N Street NW, Suite 643A

Washington, DC 20037

Case 1:22-cv-01275 Document 1-11 Filed 05/10/22 Page 1 of 2
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Case 1:22-cv-01275 Document 1-11 Filed 05/10/22 Page 2 of 2
FOIA SummRQs

1/1

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

)

Plaintiff )

)

v. ) Civil Action No.

)

)

Defendant )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 30 days after service of this summons on you (not counting the day you received it) you must

serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of

Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and

address are:

If you fail to respond, judgment by default may be entered against you for the relief demanded in the

complaint. You also must file your answer or motion with the court.

ANGELA D. CAESAR, CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Josh Hawley for Senate

Federal Election Commission

Matthew M. Graves

United States Attorney for the District of Columbia

Civil Process Clerk

555 4th St. NW

Washington, D.C. 20001

Jason B. Torchinsky

Holtzman Vogel Baran Torchinsky Josefiak, PLLC

2300 N Street NW, Suite 643A

Washington, DC 20037

Case 1:22-cv-01275 Document 1-12 Filed 05/10/22 Page 1 of 2
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Case 1:22-cv-01275 Document 1-12 Filed 05/10/22 Page 2 of 2
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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

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Plaintiff )

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v. ) Civil Action No.

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Defendant )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 30 days after service of this summons on you (not counting the day you received it) you must

serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of

Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and

address are:

If you fail to respond, judgment by default may be entered against you for the relief demanded in the

complaint. You also must file your answer or motion with the court.

ANGELA D. CAESAR, CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Josh Hawley for Senate

Federal Election Commission

Attorney General of the United States Merrick Garland

c/o Assistant Attorney General for Administration

Justice Management Division

950 Pennsylvania Ave. NW

Room 1111

Washington, D.C. 20530

Jason B. Torchinsky

Holtzman Vogel Baran Torchinsky Josefiak, PLLC

2300 N Street NW, Suite 643A

Washington, DC 20037

Case 1:22-cv-01275 Document 1-13 Filed 05/10/22 Page 1 of 2
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Case 1:22-cv-01275 Document 1-13 Filed 05/10/22 Page 2 of 2