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      Doe, et al. v. FEC

Doe, et al. v. FEC 
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            Documents
 Summary

  
  
    On April 12, 2019, the United States Court of Appeals for the District of Columbia Circuit upheld the Commission’s policy of disclosing certain documents from its investigations in closed enforcement matters. The policy had been challenged by John Does 1 and 2 (plaintiffs), whose names appear in documents from the Commission’s investigation of allegations made in the administrative complaint in Matter Under Review 6920. In 2018, the district court upheld the Commission’s disclosure policy and rejected plaintiffs' claim that the release of documents identifying them would violate the Federal Election Campaign Act (FECA), the First Amendment, and the Freedom of Information Act (FOIA).AppealThe appeals court dismissed plaintiffs’ argument that the Commission is prohibited from disclosing any information from a closed investigation that FECA does not specifically authorize the agency to disclose. The plaintiffs also claimed that the First Amendment to the Constitution is a bar to the Commission’s release of documents that publicly identify them; however, the appeals court agreed with the district court that Citizens United rejected the argument that FECA’s disclosure provisions violate the First Amendment. Plaintiffs further claimed that an exception provided in FOIA entitled them to an injunction preventing the disclosure of their identities. However, the appeals court noted, the typical "reverse-FOIA" case involved an entity submitting information to an agency and then preventing the agency from revealing it to a third party. In this case, neither plaintiff provided any of the information the Commission would release; indeed, both plaintiffs refused to comply with a subpoena seeking that information.Finally, the appeals court noted that "FOIA is a disclosure statute." An agency disclosing information pursuant to statutory or regulatory provisions does not violate FOIA. The FOIA exemption relied upon by plaintiffs is meant to prevent disclosure of personal matters, such as marital status, legitimacy of children, medical conditions, and family matters. Information relating to business judgments and relationships, such as the decision by the trust and trustee to contribute to a political committee, does not qualify. Thus, the appeals court affirmed the judgment of the district court.Editor's note: On March 23, 2020, the Supreme Court denied the plaintiffs' petition for a writ of certiorari. Therefore, the appeals court decision stands as the final decision in this case.Source: FEC Record— April 2019; April 2018; January 2018
 Documents

  
  
    Supreme CourtCourt decisions:Denial of Petition for Writ of Certiorari (03/23/2020)Related documents:Plaintiffs' Reply Brief in Support of Petition for Certiorari (03/04/2020)Brief for the Respondent in Opposition to a Petition for Certiorari (02/14/2020)Redacted Petition for Writ of Certiorari (09/17/2019)Appeals Court (DC Circuit)Court decisions:Mandate (03/30/2020)Order (07/24/2019)Order (04/12/2019)Public Opinion (04/12/2019)Per Curiam Judgment (04/12/2019)Related documents:Letter to Clerk of US Court of Appeals on Denial of Petition for Writ of Certiorari (03/23/2020)Reply Brief of Plaintiffs-Appellants (Public Copy--Sealed Material Deleted) (07/02/2018)Brief of Plaintiffs-Appellants (05/14/2018)District Court (DC)Court decisions:Mandate (03/30/2020)Memorandum Opinion (03/23/2018)Final Order and Judgment (03/23/2018)Order (01/31/2018)Related documents:Brief for the FEC Public Copy--Sealed Material Deleted (06/18/2018)Notice of Appeal (04/11/2018)FEC's Response to Plaintiffs' Emergency Motion for a Stay or Injunction Pending Appeal (04/06/2018)Emergency Motion for a Stay or an Injunction Pending Appeal (03/23/2018)Brief of Citizens for Responsibility and Ethics in Washington and Anne Weismann as Amici Curiae (02/12/2018)[Proposed] Plaintiffs' Memorandum in Response to New Issues Raised in Defendant's Surreply and in Support of Motion for Preliminary Injunction (01/24/2018)CREW's Reply in Support of Motion to Intervene by Citizens for Responsibility and Ethics in Washington and Anne Weismann (01/24/2018)FEC's Surreply in Response to Plaintiffs' Reply Memorandum in Support of their Motion for a Preliminary Injunction (01/18/2018)Defendant FEC's Opposition to the Motion to Intervene by Citizens for Responsibility and Ethics in Washington and Anne Weismann (01/17/2018)Plaintiffs' Memorandum in Opposition to Motion to Intervene by Citizens for Responsibility and Ethics in Washington and Anne Weismann (01/17/2018)Plaintiffs' Reply Memorandum in Support of Motion for a Preliminary Injunction (01/03/2018)Motion to Intervene by Citizens for Responsibility and Ethics in Washington and Anne Weismann (01/03/2018)Defendant FEC's Response to Motion for Temporary Restraining Order and Motion to Seal (12/20/2017)Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction (12/19/2017)Complaint (12/19/2017)


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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