UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

)

STOP RECKLESS ECONOMIC )

INSTABILITY CAUSED BY )

DEMOCRATS, et al., ) Civ. No. 1:14-397 (AJT-IDD)

)

Plaintiffs, )

)

and )

)

AMERICAN FUTURE PAC, )

)

Plaintiff-Intervenor, )

)

v. )

)

FEDERAL ELECTION COMMISSION, ) DISCOVERY REQUESTS

)

Defendant. )

)

INTERVENOR-PLAINTIFF AMERICAN FUTURE PAC’S 

SUPPLEMENTAL PROPOSED FINDINGS OF FACT

AND CONCLUSIONS OF LAW

Intervenor-Plaintiff American Future PAC hereby submits its proposed supplemental 

findings of fact and conclusions of law in the above-captioned case:

Proposed Findings of Fact

1. American Future PAC (“American Future”) filed FEC Form 1 to register as a 

political committee with the FEC on August 5, 2014, and the form was received by the FEC on 

August 11, 2014. See Declaration of Jared Najvar, Doc. #50-3, ¶ 3 & Ex. 1 (Aug. 27, 2014) 

(“Najvar Decl.”). 

2. Following its creation, American Future contributed to five candidates for federal 

office. Among those contributions was a contribution for $2,600 to Congressman Cotton, in 

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connection with the November 2014 general election for U.S. Senate. Najvar Decl. ¶ 4. 

3. The cover letter from American Future to Congressman Tom Cotton that 

accompanied its contribution to him explains that, but for the unconstitutionally discriminatory 

six-month waiting period American Future seeks to challenge in this case, it would have made a 

larger contribution to him. Najvar Decl., ¶ 5. 

4. Since its creation, American Future received 54 contributions from different 

individuals. Najvar Decl. ¶ 6. 

5. Since its creation, American Future collected over $5,400 in contributions. Najvar 

Decl. ¶ 7.

6. But for the unconstitutional provisions of federal law American Future wishes to 

challenge in this case, American Future would have contributed an additional $2,000 to 

Congressman Tom Cotton in connection with the 2014 general election. Najvar Decl., ¶ 8. 

7. American Future has received more than 51 contributions, made contributions to 

five federal candidates, and has been registered with the FEC for less than six months. Najvar 

Decl., ¶ 9. 

Conclusions of Law

American Future is asserting the same constitutional claims as Plaintiff Stop PAC, and 

respectfully adopts, joins in, and incorporates by reference the arguments presented by Stop PAC 

in support of its motion for summary judgment and in opposition to the FEC’s motion for summary 

judgment. 

Respectfully submitted, 

Dated November 11, 2014 /s/ Dan Backer

Dan Backer, Esq. 

Virginia State Bar # 78256

DB CAPITOL STRATEGIES PLLC

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203 South Union Street, Suite 300

Alexandria, VA 22314

Phone: (202) 210-5431

Fax: (202) 478-0750

E-mail: DBacker@DBCapitolStrategies.com

Attorney for Plaintiffs

/s/ Michael T. Morley

Michael T. Morley, Esq. 

Virginia State Bar # 65762

COOLIDGE-REAGAN FOUNDATION

1629 K Street, Suite 300

Washington, DC 20006

Phone: (202) 603-5397

Fax: (202) 331-3759

E-mail: Morley@coolidgereagan.org

Attorney for Plaintiffs and Putative PlaintiffIntervenor American Future PAC

/s/ Jerad Najvar*

Jerad Najvar

NAJVAR LAW FIRM

4151 Southwest Freeway

Suite 625

Houston, TX 77027

E-mail: jerad@najvarlaw.com

Attorney for Putative Plaintiff-Intervenor 

American Future PAC

*Motion for pro hac vice admission 

forthcoming

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division 

______________________________________

)

STOP RECKLESS ECONOMIC ) Civ. No. 1:14-397 (AJT-IDD)

INSTABILITY CAUSED BY DEMOCRATS, )

et al., )

) Judge Anthony John Trenga

Plaintiffs, )

)

v. ) Magistrate Judge Ivan D. Davis

)

FEDERAL ELECTION COMMISSION, )

)

Defendant. )

______________________________________ )

CERTIFICATE OF SERVICE

I, Dan Backer, hereby certify that on this this 14th day of November 2014, I did cause a 

true and complete copy of Intervenor-Plaintiff American Future PAC’s Supplemental Proposed 

Findings of Fact and Conclusions of Law to be filed via the court’s CM/ECF system, which 

effected service upon:

Kevin Deeley

Harry J. Summers

Holly J. Baker

Kevin P. Hancock

Esther D. Gyory

FEDERAL ELECTION COMMISSION

999 E Street, N.W.

Washington, D.C. 20463

/s/ Dan Backer

Dan Backer

Virginia State Bar # 78256

Attorney for Plaintiffs

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