The Democratic National Committee had initially sought an injunction against the order’s enforcement. However, in earlier hearings, U.S. District Judge Amir Ali noted that the FEC itself told the court that it would not comply with any presidential requests limiting its autonomy.
A federal judge has dismissed a Democratic National Committee lawsuit accusing President Donald Trump of issuing executive orders that could upend the Federal Election Commission.
In its lawsuit, the Democratic National Committee attempted to challenge the legality of an executive order signed by Trump in February, entitled “Ensuring Accountability for All Agencies.” The order consolidated presidential control of the executive branch, including control over agencies that have, historically, operated independently of the White House.
According to the DNC, the language of the order could pose a threat to the independence of the FEC, a federal agency charged with regulating, administering, and enforcing federal campaign finance law.
“[I]n order to improve the administration of the executive branch and to increase regulatory officials’ accountability to the American people, it shall be he policy of the executive branch to ensure Presidential supervision and control of the entire executive branch,” the executive order said.
The Democratic National Committee had initially sought an injunction against the order’s enforcement. However, in earlier hearings, U.S. District Judge Amir Ali noted that the FEC itself told the court that it would not comply with any presidential requests limiting its autonomy.
The FEC also said that it has not, to date, received any such directive from the Trump administration.
Ali consequently refused to issue a preliminary injunction against the order, finding that the DNC had failed to demonstrate that it had suffered the type of “concrete and imminent injury” necessary to justify emergency relief.
“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’ motion to dismiss for lack of a concrete and imminent injury sufficient to establish standing and ripeness,” Ali wrote in his 14-page opinion.
In the lawsuit, attorneys for the DNC said that Trump’s order, if enforced, would upend post-Watergate rules that left election financing to the politically-neutral FEC, rather than a “single partisan political figure—the President of the United States.”
But Ali said that the Democrats were unable to provide any strong or compelling evidence that the FEC was being targeted by Trump’s order. Neither, Ali wrote, could the DNC identify “concrete steps” the administration had taken to compromise the Federal Election Committee’s neutrality.
However, the case was dismissed without prejudice—meaning that the DNC is free to file the lawsuit again.
“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 said. “Absent such allegations, however, the Court must dismiss the case for lack of jurisdiction and therefore does so.”
Sources
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