IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

JACK BEAM and RENEE BEAM, 

 Plaintiffs, 

 v. 

DONALD F. McGAHN II, FEDERAL 

ELECTION COMMISSION CHAIRMAN, 

 Defendant. 

Civil No. 07cv1227 

Judge Pallmeyer 

Mag. Judge Cole 

ANSWER 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

TO PLAINTIFFS’ SECOND AMENDED COMPLAINT 

 

Defendant Federal Election Commission (Commission or FEC) submits its Answer to 

Plaintiffs’ Second Amended Complaint. The Commission responds to plaintiffs’ preliminary 

allegations and to Count I, alleging a violation of the Right to Financial Privacy Act (“RFPA”), 

12 U.S.C. §§ 3401 et seq., which is the only Count remaining in this case following entry of this 

Court’s October 15, 2008, Memorandum Opinion. 

1. ADMIT that Cook County is located within the boundaries of the Northern 

District of Illinois. The Commission is without knowledge or information sufficient to admit or 

deny the remaining allegations in this paragraph. 

2. DENY that plaintiffs “are the target of a politically motivated investigation 

initiated by” the Commission or any Commission personnel. The Commission is without 

knowledge or information sufficient to admit or deny the remaining allegations in this paragraph. 

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 1 of 6
3. ADMIT that Michael Mukasey was the Attorney General of the United States at 

the time plaintiffs filed their Second Amended Complaint in March 2008; that Alberto Gonzales 

was appointed Attorney General by then-President George W. Bush and served in that position 

from 2005 to 2007; that Mr. Gonzales served as White House Counsel from 2001 to 2005; and 

that Mr. Gonzales was appointed by then-Governor George W. Bush to the Texas Supreme Court 

in 1999. The Commission is without knowledge or information sufficient to admit or deny the 

remaining allegations in this paragraph. 

3.1 ADMIT that David Mason served as Chairman of the FEC at the time plaintiffs 

filed their Second Amended Complaint in March 2008; that Michael E. Toner served as 

Chairman of the FEC in 2006; that Mr. Toner was appointed to the Commission by thenPresident George W. Bush; and that Mr. Toner had previously served as Chief Counsel to the 

Republican National Committee, General Counsel of the Bush-Cheney Transition Team, and 

General Counsel of the Bush-Cheney 2000 Presidential Campaign. The Commission is without 

knowledge or information sufficient to admit or deny the remaining allegations in this paragraph. 

4. ADMIT that jurisdiction is conferred upon Count I of this action by 28 U.S.C. § 

1331. 

5. The Commission is not required to respond to the allegations of this paragraph 

regarding a statutory basis for claims dismissed by this Court. 

6. ADMIT that the Commission acts under color of law and that its actions 

implement laws and regulations of the United States of America. The Commission is without 

knowledge or information sufficient to admit or deny the remaining allegations in this paragraph, 

which is also objectionable because it is vague and ambiguous. 

 

1

 Paragraph misnumbered in the Second Amended Complaint. 

2

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 2 of 6
7. ADMIT that plaintiffs made contributions to the 2004 presidential campaign of 

John Edwards. The Commission is without knowledge or information sufficient to admit or 

deny the remaining allegations in this paragraph. 

8. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

9. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

10. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

11. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

12. The Commission incorporates by reference its responses to paragraphs 1 through 

11 as if fully set forth herein. 

13. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

14. This paragraph contains legal conclusions to which the Commission is not 

required to respond. 

15. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

16. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

17. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in this paragraph. 

3

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 3 of 6
18. DENY. 

19. DENY that the Commission has violated the RFPA or any other law. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

allegations in this paragraph. 

20. DENY that the Commission has violated the RFPA or any other law. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

allegations in this paragraph. 

21-36. No response is required because these paragraphs describe claims dismissed by 

the Court on October 15, 2008. 

PRAYER FOR RELIEF 

No response is required, but the relief requested by plaintiffs should be denied. 

AFFIRMATIVE DEFENSE 

Plaintiffs fail to state a claim. 

Respectfully submitted, 

 /s/ Thomasenia P. Duncan_ 

Thomasenia P. Duncan 

General Counsel 

/s/ David Kolker_________

David Kolker 

Associate General Counsel 

/s/ Harry J. Summers_____

Harry J. Summers 

Assistant General Counsel 

4

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 4 of 6
/s/ Benjamin A. Streeter III

Benjamin A. Streeter III 

Attorney 

bstreeter@fec.gov 

February __, 2009 FOR THE DEFENDANT 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, D.C. 20463 

(202) 694-1650 

5

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 5 of 6
6

CERTIFICATE OF SERVICE 

I hereby certify that on February __, 2009, I electronically filed the foregoing Defendant 

Federal Election Commission’s Answer to Second Amended Complaint. The Court’s 

Commission/ECF system will send notification of such filing to the following counsel of record: 

Michael R. Dezsi: m.dezsi@fiegerlaw.com 

Attorney for Plaintiffs 

Eric J. Beane: eric.beane@usdoj.gov 

United States Department of Justice 

Tamara Ulrich: tamara.Ulrich@usdoj.gov

United States Department of Justice 

Linda A. Wawzenski: linda.wawzenski@usdoj.gov

Assistant United States Attorney 

 /s/ Benjamin A. Streeter III

 Benjamin A. Streeter III 

 Attorney 

 FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, D.C. 20463 

(202) 694-1650 

Case 1:07-cv-01227 Document 128 Filed 02/25/2009 Page 6 of 6