Anyone needing an example of how destructive the DC Circuit’s CHGO decision is to @FEC enforcement need look no further than the $100+ million potential #campaignfinance violation in MUR 6596 (Crossroads GPS) and my GOP colleagues’ just-issued statement of reasons about it. /1
@FEC In this matter, Crossroads GPS spent $139m on political activity in 2012 (73.4% of budget!) yet didn’t register as a political committee. But @FEC GOPers actively waved off directly on-point federal case and ignored clear and settled law in excusing this inexcusable behavior. /2
Their statement flails along for 19 pages. But they could have tossed the first 18. All that mattered was this paragraph. Per CHGO, the mention of “prosecutorial discretion” allowed them to place their opinion beyond any court's review. This is *not* what Congress had in mind. /3
The Rs’ statement: fec.gov/files/legal/mu…

My statement: fec.gov/files/legal/mu…

More on why the CHGO so badly need to be flipped by the DC Circuit:

fec.gov/resources/cms-…

fec.gov/resources/cms-…

My tweets on today's denial of en banc rehearing:

/4
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