February 16, 2016 – CREW filed a lawsuit against the Federal Election Commission for improperly dismissing CREW’s 2012 FEC complaint against Crossroads GPS, Karl Rove, Haley Barbour, Steven Law and Caleb Crosby.
In late July 2012, CREW filed a complaint with the FEC alleging that Crossroads GPS and its agents violated FECA by failing to disclose the names of donors who funded the group’s campaign ads. That includes Crossroads GPS’s failure to disclose a contributor who–as Karl Rove admitted under oath–gave Crossroads GPS more than $3 million to aid the group’s work to elect Josh Mandel, a candidate in the Ohio state Senate race. Crossroads GPS indisputably used that money, and other money it raised from a matching challenge and at a Tampa fundraiser, to fund independent expenditures in the Ohio race and in other various Senate races. The independent expenditures included ads asking viewers to vote for or vote against a targeted candidate. However, although these were political ads, Crossroads GPS did not disclose a single contributor. In November 2012, CREW submitted an amended complaint.
On March 7, 2014, the FEC’s Office of General Counsel issued its First General Counsel’s Report on CREW’s complaint, which conceded that Crossroads GPS did not fulfill FECA’s disclosure requirements for independent expenditures. Nonetheless, it found that the agency was bound by an old FEC regulation–regulation 11 C.F.R. § 109.10(e)(1)(vi), which was adopted without any explanation long before the days of dark money–that narrowed the disclosure required such that it becomes legal to hide certain political spending. The FEC General Counsel also recognized that another subsection of the FECA required “additional” reporting, which Crossroads GPS also did not comply with, but nonetheless recommended excusing Crossroads GPS from compliance.
On November 17, 2015, the FEC deadlocked three-to-three on whether to find reason to believe that Crossroads GPS violated FECA, and deadlocked on whether to close the file on Mr. Law, Mr. Rove, Mr. Barbour, and Mr. Crosby, leading the Commission to dismiss CREW’s complaint. CREW therefore files this lawsuit as a challenge to that dismissal.
Update: On April 19, 2016, the FEC and Crossroads GPS moved to dismiss the lawsuit.
Update: On March 22, 2017 the District Court ruled against the motion to dismiss, allowing the case to go forward.
Update: On September 11, 2017, CREW filed a motion for summary judgment declaring that the FEC’s failure to enforce the law against Crossroads GPS and its agents was contrary to law, as well as an order declaring as invalid and vacating 11 C.F.R. § 109.10(e)(1)(vi) as inconsistent with the FECA and unlawful under the APA.
Update: On October 23, 2017, Crossroads GPS filed a memorandum in opposition to CREW’s motion, and the FEC filed a motion for summary judgment stating that it did not act contrary to law.
Update: On December 4, 2017, CREW filed an opposition brief to the FEC’s motion.
- Complaint - Feb. 2 2016
- Crossroads GPS' Motion To Intervene And Memorandum In Support - Apr. 15 2016
- FEC's Partial Motion To Dismiss - Apr. 19 2016
- FEC's response to Crossroads GPS's Motion To Intervene - Apr. 26 2016
- Proposed Answer And Affirmative Defense Of Crossroads GPS' - Apr. 26 2016
- Crossroads GPS' Notice Of Joinder And Supplementation Of FEC's Partial Motion To Dismiss - May 16 2016
- Plaintiffs' Memorandum In Opposition To Defendant's Motion To Dismiss - Jun. 13 2016
- Crossroad GPS's Reply Memorandum In Support Of Defendant's Partial Motion To Dismiss - Jun. 30 2016
- FEC's Reply In Support Of It's Partial Motion To Dismiss - Jun. 30 2016
- Court Order - Mar. 22 2017
- Court Memorandum Opinion - Mar. 22 2017
- FEC's Answer - Apr. 5 2017
- Plaintiffs' Motion For Summary Judgement - Sept. 11 2017
- Crossroads GPS' Opposition To Plaintiffs' Motion For Summary Judgement/ Cross-Motion For Summary Judgement - Oct. 23 2017
- Crossroads GPS' Exhibits In Support Of Its Cross-Motion For Summary Judgement - Oct. 23 2017
- FEC's Motion For Summary Judgement - Oct. 23 2017
- CREW's Opposition Brief - Dec. 4 2017