Judge tosses Democrats’ challenge to Trump order’s effect on FEC

A federal judge late Tuesday threw out national Democrats’ challenge to an executive order issued by President Trump they claimed stepped on the Federal Election Commission’s (FEC) independence.

U.S. District Judge Amir Ali said the Democratic Party’s three national political committees failed to provide clear enough proof that the FEC’s independence is at risk.

The FEC’s legal counsel represented to the court that it would not take directives from the White House interfering with its independent judgment, and the government said no such directives had been issued, prompting the judge to dismiss the lawsuit. 

“On this record — lacking any specific allegations that the challenged section has been or will be applied to the FEC or its Commissioners, in accord with the representations of counsel — the Court grants the defendants’ motions to dismiss for lack of a concrete and imminent injury sufficient to establish standing and ripeness,” Ali, an appointee of former President Biden, wrote in a 14-page opinion.

The Democratic National Committee (DNC), Democratic Senatorial Campaign Committee (DSCC) and Democratic Congressional Campaign Committee (DCCC) sued the Trump administration in February, contending that the president’s order aimed at expanding the White House’s control over various independent regulatory agencies would preclude the agencies from taking legal positions out of line with the president’s views.  

The suit zeroed in on the FEC, the independent agency that enforces campaign finance laws and oversees elections, raising concern that the order would eliminate the Federal Election Campaign Act’s (FECA) requirement that the executive’s legal interpretations reflect the consensus of the expert and bipartisan board.

The FEC is led by six commissioners appointed by the president and confirmed by the Senate. The commission’s official interpretation of the law must be backed by at least four commissioners, and no more than three of them may be affiliated with the same political party.

In their complaint, the Democrats argued Trump’s executive order threatened to undercut the consensus reached after the Watergate scandal that federal campaign finance rules must be neutrally enforced, instead leaving judgment to a “single partisan political figure — the President of the United States.”

However, Ali wrote in his decision that the Democrats needed to provide strong evidence that the FEC is specifically targeted by Trump’s order, which does not single it out and applies to all executive employees. They also could have alleged “concrete steps” the administration had taken to sway the FEC and its commissioners. 

“They have not done so here,” the judge wrote.

Ali dismissed the case without prejudice, meaning the claims could be brought again in the future. The Hill requested comment from the three committees.

“This Court’s doors are open to the parties if changed circumstances show concrete action or impact on the FEC’s or its Commissioners’ independence,” Ali wrote in his opinion. “Absent such allegations, however, the Court must dismiss the case for lack of jurisdiction and therefore does so.”

The three committees’ executive directors said in a joint statement that the Trump administration wishes to reduce the FEC to a “dysfunctional agency incapable of enforcing election laws.”

“The question is not if they will further marginalize and attempt to strip the FEC of its independence, only when and how,” said DCCC’s Julie Merz, DSCC’s Devan Barber and DNC’s Roger Lau.

“We were pleased to see the decision affirms that Americans are guaranteed free and fair elections – not ones where Donald Trump can unilaterally dictate campaign rules for his own benefit, and anticipate returning to the courts to fight back against every single one of Trump’s illegal actions to defend the fundamental rights at the core of our democracy,” they added.

Updated on June 5 at 11:06 a.m. EDT