UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

GEOFFREY NELS FIEGER, 

 Plaintiff, 

 v. 

FEDERAL ELECTION COMMISSION, 

 Defendant. 

Civil No. 2:08-14125 

Hon. David M. Lawson 

DEFENTANT FEDERAL ELECTION COMMISSION’S 

 ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 

FOR INJUNCTIVE RELIEF 

Defendant Federal Election Commission (“FEC” or “Commission”) submits this answer 

to Plaintiff’s First Amended Complaint for Injunctive Relief. Any allegation not specifically 

responded to below is DENIED. 

1. The Commission is without knowledge or information sufficient to form a belief 

as to the truth of these allegations. 

2. The Commission is without knowledge or information sufficient to form a belief 

as to the number of occasions on which plaintiff has accused the “Bush Justice Department of 

conspiring with the Commission to politicize the enforcement of federal campaign finance laws.” 

The Commission ADMITS that Fieger made a similar allegation in paragraph 1 of his Complaint 

in Fieger v. Gonzales, Civ. No. 07-10533 (E.D. Mich. filed Feb. 5, 2007). The district court 

dismissed that case on August 15, 2008. Id., 2007 WL 2351006 (E.D. Mich. 2007), aff’d sub 

nom., Fieger v. Attorney General, 542 F.3d 1111 (6th Cir. 2008). 

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3. The Commission DENIES the first sentence. The Commission ADMITS that 

Michael E. Toner was nominated to the Commission by President Bush on March 4, 2002, and 

that he was confirmed by the United States Senate on March 18, 2003. The Commission 

ADMITS that Commissioner Toner served as Chairman for calendar year 2006, and that he 

resigned from the Commission on March 14, 2007. The Commission ADMITS that prior to his 

service on the Commission, Mr. Toner held the prior positions identified by plaintiff, among 

others. 

4. DENY. 

5. ADMIT. 

6. The Commission DENIES that Plaintiff Geoffrey N. Fieger requested documents 

from the Commission under the FOIA by letter dated July 3, 2008. The Commission ADMITS 

that Michael R. Dezsi mailed to the Commission the July 3, 2008 letter attached to plaintiff’s 

Complaint as Exhibit A. The remainder of the paragraph characterizes the letter, which speaks 

for itself. 

7. The Commission ADMITS that it is an agency of the United States subject to 

provisions of the Freedom of Information Act (“FOIA”). The Commission affirmatively states 

that, in response to the FOIA request described in ¶ 7, the Commission mailed a letter on 

September 30, 2008 to Michael R. Dezsi, along with material responsive to that request. 

8. DENIED. The Commission provided responsive materials on September 30, 

2008. On that date the Commission advised the requestor of his administrative appeal rights, 

which the requestor failed to pursue. 

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9. The Commission DENIES that Plaintiff Geoffrey Fieger has a right of access to 

the requested information, because he has not requested documents from the Commission under 

the FOIA. The Commission DENIES that it has failed to comply with federal law. 

10. The Commission DENIES that Plaintiff Geoffrey N. Fieger requested documents 

from the Commission under the FOIA by letter dated October 27, 2008. The Commission 

ADMITS that Michael R. Dezsi mailed to the Commission the letter, dated October 27, 2008 

attached to plaintiff’s Complaint as Exhibit B. The remainder of the paragraph characterizes the 

letter, which speaks for itself. 

11. ADMIT. The Commission also provided responsive materials on December 3, 

2008. 

12. ADMIT. 

13. DENIED. On December 3 and December 31, 2008, the Commission provided 

documents responsive to the request that were not exempt under the FOIA. Pursuant to the 

Commission’s FOIA regulations, the Commission notified the requester on December 31, 2008 

that it had referred certain responsive documents that originated from the White House to that 

entity for consultation. 

14. DENIED. The Commission provided responsive materials on December 3 and 

31, 2008. 

15. The Commission DENIES that Plaintiff Geoffrey Fieger has a right of access to 

the requested information, because he has not requested documents from the Commission under 

the FOIA. The Commission DENIES that it has failed to comply with federal law. 

The final paragraph contains a request for relief to which no response is required. 

However, if an answer may be deemed necessary, the Commission DENIES that Plaintiff 

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Geoffrey Fieger is eligible for or entitled to any relief. Therefore, the Commission requests that 

plaintiff’s complaint be dismissed. 

Affirmative Defenses 

 1. Plaintiff has failed to state a claim upon which relief can be granted. 

 2. This Court lacks subject-matter jurisdiction over plaintiff’s claim. 

WHEREFORE, the FEDERAL ELECTION COMMISSION respectfully requests that 

this Honorable Court dismiss the Complaint in this case. 

Respectfully submitted, 

/s/ Thomasenia P. Duncan 

General Counsel 

/s/ David Kolker 

David Kolker 

Associate General Counsel 

/s/ Harry J. Summers 

Harry J. Summers 

Assistant General Counsel 

/s/ Greg J. Mueller 

Greg J. Mueller 

Attorney 

FOR THE DEFENDANT 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, D.C. 20463 

(202) 694-1650 

MICHAEL F. HERTZ 

Acting Assistant Attorney General 

TERRENCE BERG 

United States Attorney 

/s/ Derri T. Thomas

DERRI T. THOMAS 

Assistant United States Attorney 

211 W. Fort Street, Suite 2001 

Detroit, Michigan 48226 

Phone: (313) 226-9153 

E-mail: derri.thomas@usdoj.gov

(P53439) 

/s/ James D. Todd, Jr.

JOHN TYLER 

Assistant Director, Federal Programs Branch 

JAMES D. TODD, JR., Senior Counsel 

U.S. DEPARTMENT OF JUSTICE 

Civil Division, Federal Programs Branch 

20 Massachusetts Avenue N.W. 

Washington, DC 20530 

Phone: (202) 514-3378 

Email: james.todd@usdoj.gov 

Attorneys for Defendant 

March 9, 2009 

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CERTIFICATE OF SERVICE 

The undersigned attorney hereby certifies that on March 9, 2009 he electronically filed 

the foregoing Defendant Federal Election Commission’s Answer and a Motion for Waiver of the 

Local Rule 83.20(f) with the Clerk of the Court for the United States District Court for the 

Eastern District of Michigan. The Court’s ECF system will send notification electronically of 

such filing to the following counsel of record: 

Michael R. Dezsi 

Attorney for Plaintiff 

Fieger, Fieger, Kenney and Johnson, P.C. 

19390 West Ten Mile Road 

Southfield, Michigan 48075 

m.dezsi@fiegerlaw.com 

 

 s/ James D. Todd, Jr.

JAMES D. TODD, JR. 

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