[EL] "Take A Hike"

[Tyler Culberson]

Barnaby,
As a former Senior Analyst with the FEC, your ire is misdirected. Analysts
at the FEC are given little discretion in what and how reporting issues are
questioned. This fact has been clearly inumerated in the redacted RAD
policy manual which was made public upon the threat of subpoena by the
House Administration Committee in 2011 (I think the redacted manual became
available 2012). The RAD policy manual is approved by the Commissioners
every election cycle establishing the scope of reports review within RAD.
As one of the more embarrassing and shameful public memos released by a
former Commissioner on the FEC's website made clear, (paraphrasing) the
judgement and opinion of the FEC's staff does not matter as the staff
serves at the behest of the Commission and it's Comissioners.

Therefore, it's quite clear that any judgment of incompetence should be
directed toward the Commissioners who make determinations on not only how
the laws are enforced, but which ones.

FEC Analysts perform to an extemely high standard, processing and reviewing
thousands of reports and millions of transactions, each election-cycle, for
their legality and reporting errors in the walls of a heavily scrutinized
agency with extremely poor leadership - all to the specifications of the
Commissioners.
On Jun 2, 2015 7:58 AM, <BZall at aol.com> wrote:

 It would have been nice if you had included some portion of the CPI report
which quotes the REST of the "federal law" as saying that you certainly can
include a candidate's name if the name unambiguously indicates opposition
to the candidate. 102.14(b)(3);
http://www.fec.gov/law/cfr/ej_compilation/1994/1994-5.pdf [Disclosure: I
filed the 1993 Petition for Rulemaking on behalf of "Citizens Against David
Duke" to protect the right of "anti-"candidate groups to use a candidate's
name in opposition. ]

That would have focused the issue less on the "anti-Hillary" Republicans
and more on the incompetence of two "Sr. Campaign Finance & Reviewing
Analyst[s]" in the FEC who can't even bother looking at the actual names of
the organizations before concluding whether the obvious regulatory
interpretation applies. If there were any question, perhaps the FEC RAD
could have noted that Stop Hillary PAC has sued the FEC for not ...
stopping Hillary and Ready for Hillary.

Barnaby Zall
Of Counsel
Weinberg, Jacobs & Tolani, LLP
10411 Motor City Drive, Suite 500
Bethesda, MD 20817
301-231-6943 (direct dial)
bzall at aol.com


 “Anti-Hillary groups to FEC: Take a hike”
Posted on June 1, 2015 4:23 pm by Rick Hasen

CPI:

A pair of anti-Hillary Clinton political committees are effectively telling
the Federal Election Commission


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