In February, Elias Law Group filed a federal lawsuit on behalf of the Democratic National Committee, DSCC and DCCC, challenging President Trump’s executive order that purported to give the Trump Administration authority over Congressionally-created independent agencies, like the Federal Election Commission (the “FEC”).
The plaintiffs initially asked the court to block enforcement of the executive order, which could be read to allow President Trump to illegally strip away the FEC’s ability to independently regulate campaign finance and election law. Tuesday night, the judge dismissed the lawsuit, following concessions from the Trump Administration that removed any current threat to the independence of the FEC.
Specifically, in response to the suit, the defendants—President Trump and Attorney General Pam Bondi—affirmatively disclaimed a challenge to the law that created the FEC and that requires the agency’s commissioners to exercise independent legal judgement. The defendants told the court that they have not attempted to apply the executive order to the FEC, and they do not have plans to do so. The judge’s memorandum opinion memorializes the fact that the defendants have now “knowingly and intelligently relinquished” any argument that the features of the FEC’s independence are unconstitutional. Additionally, the opinion emphasized the importance of the FEC’s legal authority, stating that, “[g]iven the FEC’s central role in overseeing parties and campaigns, a compromise of its independence would pose an immense threat to our democratic elections, for all the reasons Congress established the FEC’s independence in the first place.”
The outcome in this case recognizes the strength of the plaintiffs’ argument that Congress has clearly meant to preserve the FEC as an independent agency. And should the Trump Administration threaten the FEC’s independence in the future, the court made clear its “doors are open…if changed circumstances show concrete action or impact on the FEC’s or its Commissioners’ independence.”
If you have any questions about this case, please reach out to your counsel at Elias Law Group.
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