Citizens for Responsibility & Ethics v. Federal Election Commission
799 F. Supp. 2d 78
D.D.C.2011Background
- CREW and its Executive Director sue the FEC alleging wrongful dismissal of an administrative FECA complaint (MUR 5908) and alleged untimely notice of dismissal; CREW argued the FEC dismissed despite findings of violations and failed to provide timely reasons.
- FECA and FEC structure: FEC enforces FECA; upon complaint, FEC must investigate or dismiss; dismissal allows judicial review under 437g(a)(8).
- Plaintiffs allege MUR 5908 involved PTS PAC and Hunter-related entities with violations including excessive in-kind contributions and failure to report; the FEC ultimately dismissed the matter, citing prosecutorial discretion and de minimis potential violations.
- After the dismissal, CREW received notice late and the Statement of Reasons following the 60-day window; CREW amended the complaint to challenge both the dismissal and notice timing.
- The court treats the case as a 12(b)(1)/(6) motion focused on standing; it concludes plaintiffs lack standing and dismisses the action.
- Judge Boasberg applies Akins informational-injury standing and Wertheimer/Jordan line of cases to evaluate whether CREW has standing to challenge the MUR dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CREW has standing to challenge MUR 5908 dismissal. | Akins informational injury supports standing. | No concrete, particularized injury; information already public. | Plaintiffs lack standing. |
| Whether CREW has standing to challenge the 60-day notice timing. | Untimely notice violates 60-day window for review. | Notice timing not required to trigger review; window runs from dismissal date. | No standing; no injury from notice timing. |
Key Cases Cited
- FEC v. Akins, 524 U.S. 11 (1998) (informational injury supports standing to challenge FEC dismissal)
- Common Cause v. FEC, 108 F.3d 413 (D.C. Cir. 1997) (informational-injury standing depends on information sought)
- Wertheimer v. FEC, 268 F.3d 1070 (D.C. Cir. 2001) (standing requires concrete information sought beyond legal conclusions)
- Spannaus v. FEC, 990 F.2d 643 (D.C. Cir. 1993) (sets clock for review under 437g(a)(8) after dismissal vote)
- Jordan v. FEC, 68 F.3d 518 (D.C. Cir. 1995) (60-day review window begins at dismissal vote, not notice)