


The Justice Department has accused three Democratic committees of falsely making up claims that a new executive order from President Donald Trump will prompt the Federal Election Commission to act against them in future rulings.
In two newly released court filings, the DOJ and FEC stepped up their criticism of the claims from the Democratic National Committee, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee that Executive Order 14215 will be used to punish the liberal fundraising groups.
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In separate filings, the DOJ and FEC said the Democrats have no proof that their claims are or will be true and that the U.S. district court should toss out the suit against the executive order.
“In this case, plaintiffs ask this court to settle an imagined controversy regarding imagined future government actions and an imagined conflict between an executive order and a federal statute, the Federal Election Campaign Act,” the DOJ said.
The FEC, in its filing in support of the executive order, even called on the Democrats to prove they’ve been harmed by it already.
Trump’s order, titled “Ensuring Accountability for All Agencies,” puts independent agencies on notice that the White House is in charge of regulations and that new rules must go through the Office of Management and Budget, not just issued willy-nilly.
The Democrats said in their filings that since Trump is the head of the Republican Party, his administration could target them through the independent FEC, which is divided between three Democrats and three Republicans when fully staffed. Currently, there are two each and two vacancies.
In his filing, Democratic election lawyer Marc Elias said the Executive Order “demolishes” and “obliterates” the independence of the FEC. Former Democratic Commissioner and FEC Chair Ellen Weintrab also claimed that the order will force the FEC to “parrot” Trump, who fired her.
Acting FEC Chairman James E. “Trey” Trainor accused Democrats of coming “unhinged” over Trump. He told Secrets Monday, “This lawsuit is a clear reflection of just how unhinged some have become in response to President Trump’s commitment to rooting out waste, fraud, and abuse in our federal government. The plaintiffs, led by the DNC and its allies, are asking the courts to ignore one of the most basic principles of our judicial system — that federal courts have limited jurisdiction. There’s no actual harm to these plaintiffs, yet they’re seeking to use the legal system to interfere with the lawful actions of the president. It’s a politically motivated stunt, not a serious legal claim.”
For his part, Trump wants the executive branch to speak with one voice. He has long been on the warpath against agencies that issue rules and regulations without going through a White House clearing house such as OMB.
The FEC said that it isn’t worried about Trump using the order to skew its rulings against Democrats.
“All defendants in this matter have made clear on the record that there is no indication the administration will impose its legal views on the commission,” said FEC’s lawyers.
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“Indeed, plaintiffs’ purported injuries here rely on precisely the kinds of speculative contingencies that have led courts to dismiss similar claims, including claims challenging executive orders,” said the FEC filing.
The Justice filing said Trump’s order was a broad demand on his government and didn’t even mention the FEC. However, Trump’s order redefining the agencies it covers reads on page three that it “shall also include the Federal Election Commission.”