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NOT YET SCHEDULED FOR ORAL ARGUMENT 

____________________ 

Nos. 16-5300, 16-5343 

____________________ 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

____________________ 

CITIZENS FOR RESPONSIBILTY AND 

ETHICS IN WASHINGTON, et al., 

Plaintiffs-Appellees and Cross-Appellants, 

v. 

FEDERAL ELECTION COMMISSION, 

Defendant-Appellee, 

and 

AMERICAN ACTION NETWORK, 

Intervenor Defendant-Appellant. 

____________________ 

Plaintiffs-Appellees and Cross-Appellants’ 

Brief in Response to Defendant-Appellee Federal Election Commission’s 

Motion to Dismiss for Lack of Jurisdiction 

On December 8, 2016, the Defendant-Appellee Federal Election 

Commission (“FEC”) moved to dismiss the cross-appeals brought by Intervenor 

Defendant-Appellant American Action Network (“AAN”) and Plaintiffs-Appellees 

and Cross-Appellants Citizens for Responsibility and Ethics in Washington and 

Melanie Sloan (together, “CREW”) for lack of jurisdiction. The brunt of the 

USCA Case #16-5300 Document #1656947 Filed: 01/23/2017 Page 1 of 4
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FEC’s argument goes to AAN’s standing to appeal and the FEC’s argument to 

dismiss CREW’s cross-appeal relies entirely on its argument to dismiss AAN’s 

appeal. See Mot. at 16, Doc. # 1650065 (arguing for dismissal of CREW’s crossappeal on the grounds that it is “conditional” on AAN’s appeal). Accordingly, to 

the extent the Court denies the FEC’s motion with respect to AAN’s appeal, it 

should similarly deny the FEC’s motion with respect to CREW’s cross-appeal. 

CREW takes no position, however, on AAN’s standing to appeal. 

Dated: January 23, 2017. 

Respectfully submitted,

/s/ Stuart C. McPhail 

Stuart C. McPhail 

smcphail@citizensforethics.org

(D.C. Bar. No. 1032529) 

Adam J. Rappaport 

arappaport@citizensforethics.org

(D.C. Bar No. 479866) 

Citizens for Responsibility and Ethics 

in Washington 

455 Massachusetts Ave., N.W., Sixth 

Floor 

Washington, D.C. 20001 

Tel.: (202) 408-5565 

Fax: (202) 588-5020 

Counsel for Citizens for 

Responsibility and Ethics in 

Washington and Melanie Sloan 

USCA Case #16-5300 Document #1656947 Filed: 01/23/2017 Page 2 of 4
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CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT, 

TYPEFACE REQUIREMENTS, AND TYPE-STYLE REQUIREMENTS 

I hereby certify, on this 23rd day of January, 2017, that: 

1. This document complies with the word limit of Fed. R. App. P. 27(d)(2)(A) 

because, excluding the parts of the document exempted by Fed. R. App. 

32(f), this document contains 150 words. 

2. This document complies with the typeface requirements of Fed. R. App. P. 

32(a)(5) and the type-style requirements of Fed. R. App. 32(a)(6) because 

this document has been prepared in a proportionally spaced typeface using 

Microsoft Word 2013 in a 14-point Times New Roman font. 

/s/ Stuart C. McPhail 

Stuart C. McPhail

USCA Case #16-5300 Document #1656947 Filed: 01/23/2017 Page 3 of 4
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CERTIFICATE OF SERVICE 

I hereby certify that, on January 23, 2017, a true and correct copy of the 

Plaintiffs-Appellees and Cross-Appellants’ Brief in Response to the DefendantAppellee Federal Election Commission’s Motion to Dismiss for Lack of 

Jurisdiction was filed and served electronically through the Court’s CM/ECF 

system upon the following counsel of record: 

Kevin Deeley 

Erin R. Chlopak 

Charles Kitcher 

Gregory J. Mueller 

Federal Election Commission 

Office of General Counsel 

999 E Street, NW 

Washington, DC 20463 

 Claire J. Evans 

 Wiley Rein LLP 

 1776 K Street NW 

 Washington, DC 20006 

/s/ Stuart C. McPhail 

Stuart C. McPhail 

USCA Case #16-5300 Document #1656947 Filed: 01/23/2017 Page 4 of 4