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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Free Speech For People

1320 Centre Street #405

Newton, MA 02459,

Plaintiff,

v.

Federal Election Commission

1050 First Street, NE

Washington, DC 20463, 

Defendant. 

Civil Action No. _____________

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. This is an action under the Federal Election Campaign Act (“FECA”), 

52 U.S.C. § 30109(a)(8)(A), challenging the Federal Election Commission’s (“FEC”) 

failure to act on an administrative complaint by Free Speech For People (“FSFP”) 

against American Media, Inc., Donald J. Trump for President, Inc., Donald J. 

Trump, and Michael Cohen, for violating the FECA by unlawfully arranging

surreptitious payment of $150,000 to Karen McDougal for the purpose of 

influencing the 2016 presidential election. FSFP filed the initial administrative 

complaint on February 16, 2018 (“Initial Complaint”). FSFP filed an amendment to 

the complaint on April 26, 2018 (the “First Amendment”), and a second amendment 

to the complaint on July 26, 2018 (the “Second Amendment”). 

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2. Under 52 U.S.C. § 30109(a)(8)(A), if the FEC fails to act on an 

administrative complaint within 120 days, the complainant may file an action in 

this Court challenging the FEC’s delay as contrary to law. 

3. The FEC has failed to resolve the Initial Complaint, filed over 460 days 

ago. The FEC has also failed to resolve the First Amendment or the Second 

Amendment, filed over 390 days ago and over 300 days ago respectively. 

JURISDICTION AND VENUE

4. This Court has both subject matter jurisdiction over this action and 

personal jurisdiction over the parties under 52 U.S.C. § 30109(a)(8)(A) and/or 5 

U.S.C. § 702. This Court also has jurisdiction over this action under 28 U.S.C. 

§§ 1331, 2201(a), and/or 2202. 

5. Venue lies in this district under 52 U.S.C. § 30109(a)(8)(A), 28 U.S.C. 

§ 1391(e), and/or 5 U.S.C. § 703. 

PARTIES

6. Plaintiff FSFP is a national non-partisan, non-profit 501(c)(3) 

organization that works to restore republican democracy to the people, including 

through legal advocacy concerning the law of campaign finance. FSFP’s supporters 

around the country engage in education and non-partisan advocacy to encourage 

and support effective government of, by, and for the people. In support of its 

mission, FSFP uses research, litigation, and public advocacy to inform the public 

about the financing of political campaigns by corporations and wealthy donors, and 

how that spending may influence public officials. FSFP uses information about 

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campaign finance practices to advocate for legal reforms, oversight of elected 

officials, and actions by state authorities when corporations exceed or abuse the 

authority conferred upon them by law. FSFP is frustrated in carrying out its 

mission when outside political spending or a campaign’s involvement in facilitating 

such spending is concealed, and when the FEC fails to enforce FECA’s 

requirements for disclosing that spending.

7. Defendant FEC is an independent federal agency charged with the 

administration and civil enforcement of FECA. 52 U.S.C. § 30106.

STATUTORY AND REGULATORY BACKGROUND

8. FECA was enacted to “to limit the actuality and appearance of 

corruption resulting from large individual financial contributions.” Buckley v. 

Valeo, 424 U.S. 1, 26 (1976) (per curiam). FECA limits the dollar amounts and 

permissible sources of contributions to candidates, and requires public disclosure of 

funds spent or received to influence federal elections. This disclosure “provides the 

electorate with information . . . in order to aid the voters in evaluating those who 

seek federal office,” helps “deter actual corruption and avoid the appearance of 

corruption by exposing large contributions and expenditures to the light of 

publicity,” and is “an essential means of gathering the data necessary to detect 

violations of the contribution limitations.” Id. at 67–68.

9. Corporations are prohibited from making any contributions to federal 

candidates, and federal candidates are prohibited from accepting a corporate 

contribution. 52 U.S.C. § 30118(a). 

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10. Expenditures by candidates or others are generally not subject to 

dollar limits. However, any expenditure by an outside entity that is “coordinated” 

with a candidate is deemed an in-kind contribution to the candidate and must be 

reported as a contribution to, and expenditure by, that candidate’s authorized 

committee. “Coordinated” means “made in cooperation, consultation or concert 

with, or at the request or suggestion of, a candidate [or] a candidate’s authorized 

committee,” including an agent thereof. 11 C.F.R. § 109.20.

11. Candidate committees must report all contributions (including the 

value of in-kind contributions and coordinated expenditures) exceeding $200. 52 

U.S.C. § 30104(b)(3)(A); 11 C.F.R. §§ 104.3, 104.8. Similarly, candidate committees 

must report expenditures (including coordinated expenditures by others) exceeding 

$200. 52 U.S.C. § 30104(b)(5)(A); 11 C.F.R. §§ 104.3, 104.9.

12. Any person who believes there has been a violation of FECA may file a 

sworn complaint with the FEC. 52 U.S.C. § 30109(a)(1). Based on the complaint, 

the response from the person or entity alleged to have violated the Act, and facts 

and recommendations developed by the Office of General Counsel, the FEC decides 

whether there is “reason to believe” that a violation of FECA has occurred. 52 

U.S.C. § 30109(a)(2). A “reason to believe” exists where a complaint “credibly 

alleges” a violation of FECA “may have occurred.” FEC, Statement of Policy 

Regarding Commission Action in Matters at the Initial Stage in the Enforcement 

Process, 72 Fed. Reg. 12,545 (Mar. 16, 2007). If four commissioners find there is 

“reason to believe” a violation of the FECA has occurred, the FEC must notify the 

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respondents of that finding and “shall make an investigation of such alleged 

violation.” 52 U.S.C. § 30109(a)(2).

13. If the FEC fails to act on an administrative complaint within the 120-

day deadline, the complainant aggrieved by the FEC’s inaction may file a petition 

in this Court. 52 U.S.C. § 30109(a)(8)(A). 

FACTS

14. On February 16, 2018, FSFP filed a sworn administrative complaint 

with the FEC against respondents American Media, Inc. (“AMI”) and Donald J. 

Trump for President, Inc. (“Trump Campaign”). FSFP filed the First Amendment 

and the Second Amendment on April 26, 2018 and July 26, 2018 respectively. The 

Second Amendment added two new administrative respondents: Donald J. Trump 

(the current president of the United States) and Michael Cohen. 

15. As amended, the administrative complaint requested an FEC 

investigation into the following allegations:

a. AMI paid Ms. McDougal $150,000 to buy the rights to her life story, 

including an account of her alleged affair with Mr. Trump, in order 

to suppress her story for the purpose of influencing the 2016 

election.

b. Mr. Cohen, as an agent for the Trump Campaign, facilitated

negotiations between AMI and Ms. McDougal, in order to suppress 

her story for the purpose of influencing the 2016 election.

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c. Mr. Trump, on behalf of the Trump Campaign, instructed Mr. 

Cohen to facilitate negotiations between AMI and Ms. McDougal, in 

order to suppress her story for the purpose of influencing the 2016 

election.

ADMINISTRATIVE PROCEEDINGS

16. FSFP mailed the Initial Complaint to the FEC on February 16, 2018.

17. On March 1, 2018, the FEC sent FSFP a letter acknowledging receipt 

of the Initial Complaint on February 27, 2018, and designating it Matter Under 

Review (“MUR”) No. 7332.

18. On April 26, 2018 and on July 26, 2018, FSFP mailed to the FEC the 

First Amendment and the Second Amendment respectively. 

19. On May 10, 2018, the FEC sent FSFP a letter acknowledging receipt of 

the First Amendment on May 9, 2018. On August 9, 2018, the FEC sent FSFP a 

letter acknowledging receipt of the Second Amendment on August 6, 2018. 

20. As amended, the administrative complaint for MUR 7332 requested 

that the FEC investigate six separate potential violations of FECA. Counts I and II 

alleged failure to report a contribution and an expenditure required to be disclosed 

to the FEC under 52 U.S.C. § 30104(b)(3)(A). Counts III, IV, V, and VI alleged the 

making and receipt of an unlawful contribution under 52 U.S.C. §§ 30118(a) and 

30116(a)(1)(A).

21. The FEC has failed to take final action on FSFP’s administrative 

complaint to date.

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22. FSFP has been harmed by the FEC’s failure to act on the 

administrative complaint. FSFP still lacks essential information about the 

financing of the 2016 election as a result of the FEC’s failure to act. 

23. For example, while many facts suggest that Mr. Cohen acted as an 

agent of the Trump Campaign and in consultation with Mr. Trump himself in 

facilitating the payment from AMI to Ms. McDougal, spokespeople and counsel for 

the Trump Campaign and Mr. Trump have repeatedly denied contemporaneous 

knowledge of, or involvement with, that payment. 

24. FSFP’s lack of information regarding the nature of the involvement of 

the Trump Campaign and/or Mr. Trump in AMI’s payment is due in significant 

part to the FEC’s delays in investigating MUR 7332. An FEC investigation and 

determination of Mr. Trump and the Trump Campaign’s role in AMI’s payment, 

through an investigative process in which Mr. Trump and the Trump Campaign 

have the opportunity to provide a detailed written response to all allegations, is 

essential to clarifying the nature of Mr. Trump’s and/or the Trump Campaign’s 

involvement. 

25. Because of the lack of an FEC determination as to the role of Mr. 

Trump and/or the Trump Campaign, FSFP has not had the full opportunity to 

disseminate such information to its supporters and the public, and has not had the

full opportunity to act on the matter.

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CAUSE OF ACTION

FECA—Failure to Act, 52 U.S.C. § 30109(a)(8)(A)

26. FSFP realleges and incorporates by reference all preceding paragraphs 

as if fully set forth herein.

27. FSFP filed the Initial Complaint over 460 days ago. FSFP filed the 

First Amendment over 390 days ago. FSFP filed the Second Amendment over 300 

days ago.

28. The FEC has not resolved MUR No. 7332, and has not disclosed taking 

any action on the administrative complaint. 

29. The FEC’s failure to act on FSFP’s administrative complaint within 

120 days of its filing is contrary to law under 52 U.S.C. § 30109(a)(8)(A). 

REQUESTED RELIEF

WHEREFORE, FSFP, by its undersigned counsel, respectfully requests that 

the Court grant the following relief:

a) declare that the FEC’s failure to act on FSFP’s administrative complaint is 

contrary to law under 52 U.S.C. § 30109(a)(8)(A);

b) order the FEC to conform with this declaration within 30 days, pursuant to 

52 U.S.C. § 30109(a)(8)(C);

c) award FSFP costs and attorneys’ fees incurred in this action; and

d) grant such other and further relief as this Court deems just and proper.

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Dated: June 13, 2019

Respectfully submitted,

/ s / S. Douglas Bunch _________

COHEN MILSTEIN SELLERS & 

 TOLL PLLC

S. Douglas Bunch 

D.D.C. Bar No. #974054

1100 New York Avenue, N.W. 

5th Floor

Washington, D.C. 20005

Tel.: (202) 408-4600

Fax: (202) 408-4699

dbunch@cohenmilstein.com 

Jessica (Ji Eun) Kim

88 Pine St., 14th Floor

New York, NY 10005

Tel.: (212) 838-7797

Fax.: (212) 838-7745

jekim@cohenmilstein.com 

FREE SPEECH FOR PEOPLE

Ronald A. Fein

D.D.C. Bar No. #MA0012

John C. Bonifaz 

Ben T. Clements

1320 Centre St. #405

Newton, MA 02459

Tel.: (617) 244-0234

rfein@freespeechforpeople.org

jbonifaz@freespeechforpeople.org

bclements@freespeechforpeople.org

Attorneys for Plaintiff

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