A federal judge on Tuesday dismissed a lawsuit from the Democratic National Committee (DNC) claiming President Donald Trump’s executive orders had threatened the independence of the Federal Election Committee (FEC), a significant – albeit rare – court victory for the president.
In his ruling, U.S. District Judge Amir Ali, a Biden appointee, said the DNC failed to demonstrate ‘concrete and imminent injury’ – or the burden needed to justify their request for a preliminary injunction. He said that the concerns raised by the party about the FEC’s independence as a result of Trump’s executive order were far too speculative to satisfy the court’s higher bar for emergency relief.
At issue in the case was the executive order Trump signed on Feb. 18, titled, ‘Ensuring Accountability for All Agencies.’
Democrats filed the lawsuit just 10 days after the order was signed, arguing that the order threatened to encroach on the independence of the FEC and risked subjecting it to the whims of the executive branch.
The lawsuit focused largely on the claim that the FEC is an independent regulatory agency and argued that the credibility of the entire regulatory enterprise would be ‘fatally undermined if the party controlling the White House can unilaterally structure campaign rules and adjudicate disputes to disadvantage its electoral competitors.’
Notably, Ali said Tuesday that he had not found any evidence to date that the White House or the Trump administration had taken steps to change or undermine how the FEC interprets federal election law, or target its independent role.
The ‘possibility that the president and attorney general would take the extraordinary step of issuing a directive to the FEC or its Commissioners purporting to bind their interpretation of FECA is not sufficiently concrete and imminent to create Article III injury,’ Ali said Tuesday.
Should that change, however, Ali said the DNC was welcome to submit an amended filing to the court to reconsider the case.
‘This Court’s doors are open to the parties if changed circumstances show concrete action or impact on the FEC’s or its Commissioners’ independence,’ Ali said.
