CREW sues the FEC for records on FEC Commissioner and new disclosure policy

CREW is suing the Federal Election Commission for failing to turn over records related to former FEC Commissioner Trey Trainor’s failure to recuse from a case against America First Legal, despite his apparent bias in favor of President Trump, as well as the agency’s failure to disclose information about its process for informing the public about its closure of enforcement cases.

Trainor’s public track record regarding his apparent bias in favor of Trump has caused significant public concern, given the importance of impartiality in his previous role. For example, over the course of Trump’s first term, Trainor publicly liked and reposted social media content supporting Trump or denigrating his political opponents. Trainor also made misleading statements to the House Judiciary Committee on the FEC’s decision not to investigate Trump following Manhattan District Attorney Alvin Bragg’s conviction of Trump for falsifying business records in connection with his first presidential campaign. Moreover, during a 2024 appearance on Lou Dobbs Tonight, Trainor made inflammatory statements regarding Bragg, including voicing conspiracy theories on the air. Finally, Trainor publicly disparaged New York Supreme Court Judge Juan Merchan, who had presided over Trump’s criminal trial.

Based on Trainor’s apparent display of bias, CREW sent a letter to Trainor calling for his recusal from considering America First Legal’s complaint, which sought enforcement action against Bragg and generally alleged that Bragg unlawfully coordinated with the Biden campaign in the course of the prosecution.

Commissioner Trainor did not recuse himself from considering America First Legal’s complaint and made no public statement about this decision. There are no other public records of his decision-making process. CREW then filed a FOIA request to answer questions regarding Trainor’s decision to hear the complaint and FEC recusal policy more generally. To date, the FEC has not turned over records responsive to the request.

In a separate FOIA, CREW sought records related to an FEC press release stating that it was “adopting new procedures for public disclosure of closed enforcement cases,” further raising concerns about transparency around decisionmaking within the FEC. The FEC has not published a written copy of the new procedures, has not published any other documents describing the procedures apart from the press release and appears to have adopted the procedures without notice and comment or other prior public discussion. The FEC has failed to turn over responsive records in response to CREW’s request for information on this new procedure.

The American public should have more transparency into how decisions on regulating our campaign finance system are discussed and made—especially if any of those making these decisions may be publicly biased in favor of particular candidates and elected officials.