FEC Seeks New Judge Assignment

A Sept. 10 hearing is scheduled for the Real Truth About Obama Inc.'s (RTAO) lawsuit. RTAO is requesting that the Federal Election Commission (FEC) is prohibited from enforcing reporting requirements for independent political groups. The rules being challenged could require a group to disclose its finances, limit contributions to $5,000 per contributor and ban corporate and union money if the group is considered by the FEC to be a "political committee."

The RTAO lawsuit references a Department of Justice letter [1] to Democracy 21 President Fred Wertheimer that said DOJ would "vigorously pursue instances where individuals knowingly and intentionally violate clear commands" of the Federal Election Campaign Act.

According to BNA [2] Money and Politics ($$), the FEC is questioning the assignment of U.S. District Judge James Spencer, a federal judge who has ruled against campaign finance regulations in the past. A motion filed by FEC lawyers details that the plaintiffs had intentionally sought Judge Spencer's assignment to the case and suggested that the case be reassigned through a random process.

Specifically, "a case brought by the Virginia Society for Human Life (VSHL) in 2000, in which the judge ruled against an FEC regulation defining 'express advocacy' more broadly than a few 'magic words' referring to elections. [. . .] RTAO cited the VSHL matter as a 'related case,' apparently helping to ensure that. The FEC indicated that VSHL, a case decided seven years ago involving questions that have been subject to subsequent litigation and rulings by the Supreme Court, could not properly be viewed as 'related' to a new case."