As the agency that regulates and enforces campaign finance law, the Federal Election Commission (FEC) is a remarkably powerful entity. For this reason, instances of bias against one political party by the FEC should not be taken lightly. Thankfully, one recently appointed federal judge is doing his part in exposing this corruption. The Washington Examiner reports:
A federal judge has blown the whistle on a secret Federal Election Commission scheme to punish some Republican groups and their donors, the latest sign of an anti-GOP bias at the elections watchdog.
In a newly released decision, Trump-appointed District Court Judge Trevor N. McFadden shined a spotlight on the FEC’s general counsel who recommended action against four Republican groups but dismissal of similar charges against supporters of a Democratic group, “Black Men Vote.”
This bombshell report is not even the first piece evidence of anti-GOP bias at the FEC. The article goes on to say:
The decision follows an amazing admission by a former Democratic FEC chairwoman and frequent critic of Republicans and President Trump that the agency is biased against the GOP.
Asked if the cases before the FEC are biased, Ann Ravel said, “Absolutely. The cases have come primarily from watchdog groups, and most of those groups are on the liberal side.”
She was one of the Democratic commissioners who led the effort to target conservative media, like the Drudge Report.
Thankfully, there are checks and balances to the FEC. In order to find a violation, the agency must have bipartisan support with a minimum of four of six commissioner votes. While left-wing groups like Citizens for Responsibility and Ethics in Washington (CREW) have tried to get around this government check by suing the FEC for any decision they don’t like, the D.C. Circuit Court recently struck down this political tactic.
Agency enforcement decisions, to the extent they are committed to agency discretion, are not subject to judicial review for abuse of discretion. It follows that CREW is not entitled to have the court evaluate for abuse of discretion the individual considerations the controlling Commissioners gave in support of their vote not to initiate enforcement proceedings.
The Court made the right decision in blocking politically-calculated lawsuits in an attempt to circumvent the FEC process. The Executive branch and the Senate have the duty of appointing and confirming qualified individuals to the FEC, and their decisions should not face constant litigation from politically charged organizations.
Judge McFadden is commended for having the courage to stand up and expose these abuses of the system, which otherwise corrupts the process as set up by Congress with the clear goal of undermining the FEC.