[EL] HuffPost: FEC enforcement "gag" order

[Smith, Brad]

Craig,

Would you characterize the Commission as "preventing many an enforcement action" when it votes 6-0, 5-1, or 4-2 not to pursue a matter? If not, why should a 3-3 vote not to pursue an action be so characterized, particularly in light of the statutory requirement of 4 votes? It sounds as though it is the Commission's actions, not its tallies, that have you upset.

Second, I note that you accuse Commissioner McGahn of hindering "investigations." But as you know, the statute prohibits an investigation prior to a vote by the Commission. And as I think you also know, Mcgahn's proposal does not prohibit the staff from looking at the sources you suggest as part of an "investigation" - it merely prevents them from doing so until after a vote by the Commission. Many Commissioners have long complained about these unauthorized staff investigations. Is it your view that staff should conduct investigations without a Commission vote?

Similarly, the statute also prohibits the FEC from notifying law enforcement agencies about matters without a vote of the Commission. For many years his was done pursuant to a general memorandum of understanding with DOJ, but DOJ allowed that agreement to lapse. Again, is it your view that the fec should ignore the statute?

Sent from my iPhone

On Jul 23, 2013, at 4:26 PM, "Craig Holman" <holman at aol.com<mailto:holman at aol.com>> wrote:

Colleagues:

On Thursday, July 25, the Federal Election Commission will vote on a proposal by departing Commissioner Don McGahn that would hamper the ability of the FEC staff to conduct investigations of violations of campaign finance law. As is widely known, the agency has been beleaguered by Commission deadlocked votes since 2008, preventing many an enforcement action. Among the proposals: unless the Commission approves ahead of time – (1) Prohibit FEC staff from looking at certain public resources in the conduct of investigations, such as candidate web pages; and (2) Prohibit FEC staff from sharing information with the Department of Justice, which handles criminal complaints of egregious violations of the campaign finance law. Lisa Gilbert and I have published an op-ed about this maneuver in today’s Huffington Post. http://www.huffingtonpost.com/craig-holman/a-parting-shot-to-neuter_b_3641120.html

Craig Holman, Ph.D.
Government Affairs Lobbyist
Public Citizen
215 Pennsylvania Avenue SE
Washington, D.C. 20003
T-(202) 454-5182
C-(202) 905-7413
F-(202) 547-7392
Holman at aol.com<mailto:Holman at aol.com>
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