The Federal Election Commission (FEC) Fails To Rule

Yesterday The Independent Journal Review posted an article about vacancies on the Federal Election Commission and the consequences of those vacancies.

The article reports:

The Federal Election Commission (FEC) is facing a lawsuit for its inaction on a complaint filed against Hillary Clinton‘s campaign and the Democratic National Committee (DNC).

The right-leaning Coolidge Reagan Foundation filed a lawsuit — obtained exclusively by IJR — on Wednesday morning in the hopes of getting a ruling that would force the FEC to address the complaint it filed on August 1, 2018.

Its original complaint with the FEC requested an investigation into Hillary for America — the official name of Clinton’s campaign — and the DNC for their role in obtaining and financing the anti-Donald Trump dossier penned by former British spy Christopher Steele.

By law, if the FEC does not rule on a filed complaint within 120 days, the party that filed the complaint has the authority to sue the commission. Almost 300 days have passed since the Coolidge Reagan Foundation filed that original complaint, and nothing has happened.

The exact incident that caused the Foundation to sue is explained in the article:

The original FEC complaint alleged that Hillary for America and the DNC breached campaign finance law by issuing a false report with the intention of misleading the American people. The complaint notes that campaign expenditure forms show that the DNC and Hillary for American paid their mutual legal advisers at Perkins Coie, LLP for “legal services,” but the law firm turned around and paid Fusion GPS for the Steele dossier.

The Coolidge Reagan Foundation argues that Hillary for America and the DNC used Perkins Coie, LLP as a “strawman” organization to distance themselves from Fusion GPS and Steele and submitted a false FEC complaint in the process:

The FEC is composed of six members. Right now there are two vacant seats on the Commission. The seats on the Commission are supposed to be filled two at a time–one by the President and one by the highest ranking Senator from the opposite party. As of now, Senator Schumer has not submitted a name, so the President cannot proceed with a nominee. Since FEC rules require four votes in order to begin an investigation, unless there is a unanimous vote by the four current commissioners, nothing will happen.

The article further notes:

As IJR previously reported, the Coolidge Reagan Foundation also filed an FEC complaint against Rep. Alexandria Ocasio-Cortez (D-N.Y.) and her chief of staff, Saikat Chakrabarti, for their sketchy campaign funding operation and for failing to disclose payments to congresswoman’s boyfriend.

According to Backer, neither of those complaints have received a ruling from the FEC.

It’s a fairly safe bet that if an FEC complaint were filed against a Republican, Senator Schumer would very quickly come up with a name so that the investigation could move forward!