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The D.C. District Court released a decision on the case.

John Doe 1 & 2 seek equitable relief to enjoin the FEC, a federal agency, from releasing Plaintiffs’ identities in connection with FEC Matter Under Review (“MUR”) 6920. Plaintiff’s argue that the release of Plaintiffs’ identities is contrary to law under the Federal Election Campaign Act (“FECA” or “Act”) and Freedom of Information Act (“FOIA”) and published FEC policy because, among other reasons, it is an invasion of privacy, could be read to implicate such people and entities in illegal conduct even though the Commission has made no such finding, and has the effect of chilling speech.

CREW and Anne Weismann have moved to intervene as defendants pursuant to Fed. R. Civ. P. 24(a)(2). We assert that if plaintiffs’ claim proves successful, CREW will be deprived of three specific statutory rights:

  1. CREW will be deprived of its right to know who gave $1.71 million to Now or Never PAC — the very information that CREW’s administrative complaint sought to obtain and that is now being withheld.
  2. The plaintiffs’ claim would significantly impede CREW’s exercise of its statutory right to challenge the FEC’s baffling decision to close CREW’s complaint without even investigating — much less penalizing — those coconspirators.
  3. Third, intervention is consistent with the practice of courts in this district in “reverse FOIA” cases, which plaintiffs here claim to be bringing.

On January 31st 2018, the Court denied CREW’s motion to intervene. On February 12, 2018 CREW filed an Amicus brief with the District Court. On March 23rd 2018, the Court rejected the Does’ request to enjoin the FEC from identifying them in public files, accepting CREW’s arguments that the Does had no First Amendment right to make anonymous contributions and that they were not exempt from disclosure under the FOIA. On June 21, 2018 CREW filed an Amicus brief with the Circuit Court.

Lawsuit Documents

  • Complaint
    December 19, 2017
    Read here
  • Plaintiff's Motion for Temp. Restraining Order
    Plaintiff's Motion For Temporary Restraining Order and Preliminary Injunction - Dec. 19 2017
    Read here
  • FEC's Reply in Opposition to Plaintiff's Motion
    December 20, 2017
    Read here
  • CREW & Anne Weismann's Motion to Intervene
    January 3, 2018
    Read here
  • FEC's Unopposed Motion for Leave to File Surreply
    January 10, 2018
    Read here
  • Does' Opposition to Motion to Intervene
    January 17, 2018
    Read here
  • FEC Opposition to Motion to Intervene
    January 17, 2018
    Read here
  • CREW Reply In Support of Motion to Intervene
    January 23, 2018
    Read here
  • Order on Intervention
    January 31, 2018
    Read here
  • CREW Amicus Brief (District Court)
    February 12, 2018
    Read here
  • Order in Favor of the Defendant
    March 23, 2018
    Read here
  • Memorandum Opinion Rejecting Does' Request
    March 23, 2018
    Read here
  • Emergency Motion for Stay
    Emergency Motion For A Stay Or An Injunction Pending Appeal - March 23, 2018
    Read here
  • FEC's Response to Plaintiff's Emergency Motion
    April 6, 2018
    Read here
  • Notice of Appeal
    April 11, 2018
    Read here
  • Doe Opening Circuit Court Brief
    May 14, 2018
    Read here
  • Order to Correct Clerical Error
    May 29, 2018
    Read here
  • Amended Memorandum Opinion
    May 29, 2018
    Read here
  • FEC Brief (Circuit Court)
    June 18, 2018
    Read here
  • CREW Amicus Brief (Circuit Court)
    June 21, 2019
    Read here
  • Doe Reply Brief (Circuit Court)
    July 2, 2018
    Read here
  • D.C. Circuit Court Opinion
    April 12, 2019
    Read here

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