Sad to report: @FEC announced today the dismissal of a slew of important cases on key issues like dark money, soft money & coordination. Several of us had worked hard over the past few years to keep these matters alive in the face of obstructionist colleagues and bad caselaw. 🧵
@FEC These efforts involved a activating a previously unused, alternative enforcement path that Congress wrote into our governing statute.
There is still hope that the American people's interests can be vindicated, at least in these matters.
@FEC This path allows those who file complaints to sue those they allege have violated the law when @FEC fails to act. The strategy was working. Today's dismissals should not affect those existing lawsuits – the dismissals have not cured the injury that allowed those suits to proceed.
@FEC It's not surprising that this alternative enforcement strategy bugged the heck outta some of my colleagues, who thought they held all the cards.
I make zero apologies for using every tool I can find to get the law enforced.
@FEC The matters that have been shut down are: MUR 6589R (American Action Network); MURs 6915 and 6927 (John Ellis Bush); MURs 7427, 7497, 7524, and 7553 (National Rifle Association of America Political Victory Fund, et al.); ...
@FEC ... MURs 7558, 7560, and 7621 (Donald J. Trump, MAGA PAC, et al.); MUR 7486 (45Committee); MURs 7654 and 7660 (America First Action), MURs 7672, 7674, and 7732 (Iowa Values), and MUR 7726 (David Brock, et al.).
@FEC My statements on many of these closed matters are also being released today.
D.C. Circuit distortions of the @FEC's enforcement process have actually resulted in *my* being the “controlling” commissioner to explain these dismissals.
@FEC They should be an intriguing read for election-law and administrative-law nerds everywhere. For the first time *ever*, the controlling rationale in two @FEC dismissals is that those dismissals *are* contrary to law, which should make the next round of lawsuits quite interesting.
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🧵 The @FEC gave @Google what it asked for last Thursday: Permission to launch a program exempting political email from Gmail's spam filters.
The legal ship has now sailed, but the policy question remains: *Should* Google flood Gmail users' in-boxes with spammy political email?
@FEC@Google I voted against allowing Google to pursue its plan, not because of the public's huge and breathtakingly hostile reaction to the program, but because I believe that, legally, what Google proposed was prohibited in-kind corporate contributions to federal political campaigns.
@FEC@Google But I think the commenters had the policy issue right. Google's unofficial motto is "Don't be evil." I'm not sure dumping spam into in-boxes counts as "evil," but it does run counter to the guiding principle to "make Google more useful for all our users."
This morning at the @FEC's open meeting, Commissioner Trey Trainor (@txelectionlaw) decided to "pass judgment" on a requestor asking the Commission about childcare rules.
He called the requestor’s need for childcare "abhorrent."
Video:
@FEC@TXElectionLaw The discussion concerned an advisory opinion request from @RepSwalwell that asked whether he could use campaign funds to pay for overnight childcare when traveling on congressional or political business.
@FEC@TXElectionLaw@RepSwalwell Verbatim: “To be real honest with you, I'm actually going to pass judgment on it. I think it's abhorrent that Congressman Swalwell would have such a young child and want to leave them in the care of someone else for a weeklong trip overseas."
Not only was the GOP @FEC commissioners' blocking of a $781.6 million complaint against Trump & his campaign contrary to law and not only did it carry the unmistakable stench of partisanship….
…it was also just the latest attempt to discredit U.S. news media as appropriate sources of information for @FEC complaints.
When Complainants or our lawyers cite news reports, the Commission evaluates the overall credibility of those news reports and, necessarily, the news organizations that produced them. Make no mistake: that is what our Republican colleagues rejected in this matter.
“Free speech is the bedrock of a functioning democracy,” says @elonmusk, @Twitter’s likely new owner.
One of Twitter’s challenges in supporting democracy is to avoid spreading disinformation like wildfire. And content moderation isn't the only way to slow disinformation down. 🧵
@elonmusk@Twitter A wildfire requires not just a spark to start the fire but also wind to fan the flames. On Twitter, algorithms are the wind. Musk says he wants to open-source Twitter's algorithms. But algorithms' effects don't depend on whether you can find their source code on Github.
@elonmusk@Twitter It's how they're tuned. At the moment, social media companies' algorithms "exploit the basic human compulsion to react to material that outrages," as I wrote in the Georgetown Law Technology Review in 2020.
1/ NEW today! Full file goes public on the @FEC’s case arising out of the National Enquirer’s “catch & kill” of the Karen McDougal story at the behest of the Trump campaign.
@FEC 2/ GOP commissioners agreed we had enough evidence to go after AMI (the Enquirer's parent company) for coordinating with the Trump campaign, but argue it wasn't worth our time to go after the beneficiaries of the scheme.
@FEC 3/ The same evidence proved the allegations against everyone involved and the same statute of limitations applied to everyone, but my GOP colleagues once again allowed the former president and his campaign to walk away.
An election is not a reality show with a guaranteed big reveal at the end of the hour. The election isn’t over until we count all the votes. Here’s what to keep in mind as the week goes forward.
Historian Michael @BeschlossDC notes just how ordinary it is not to know the Presidential election winner on Election Night. We’ve waited past midnight in 40% of the presidential elections in the past 60 years: 1960, 1968, 1976, 2000, 2004, and 2016.