Cases: Kean for Congress v. FEC: Decisions / Orders

Federal Judge Grants Attorneys Fees in Case Against FEC

In a decision issued on January 13, 2006, U.S. District Court Judge John D. Bates granted a motion by the Campaign Legal Center for an award of attorneys' fees and expenses in the amount of $17, 343.67. These fees and expenses were associated with the Legal Center's representation of the Kean for Congress Committee in its successful suit against the FEC. As a result of the lawsuit, the FEC was forced to reconsider its decision involving a "stealth PAC" 527 group called Council for Responsible Government (CRG), which had attempted to influence the results of the 2000 congressional race in New Jersey. On remand to the agency, the FEC found that CRG had in fact violated the campaign finance laws. The court also held open the possibility of granting attorneys' fees to Kimberly Brown, a lawyer at the Washington firm Caplin & Drysdale, who also represented plaintiff Kean for Congress Committee in the case. Today, the Legal Center filed additional documents with the court in support of the request for an award of attorneys' fees for Ms. Brown.

"The court's decision to grant attorney's fees should send a signal to the Commission that its failure to prosecute legitimate complaints of illegal conduct will not be tolerated," said Trevor Potter, the Legal Center's president.

To read the press release, click here.

To read the court's opinion, click here.

Judge Returns Key 527 Decision to FEC for Fast Action

On February 15, U.S. District Court Judge John Bates granted a motion to remand Kean for Congress Committee v. FEC to the FEC for reconsideration of its decision in light of the Supreme Court's decision in McConnell. The FEC had dismissed the Kean for Congress Committee's complaint in 2003, which alleged that a 527 group, the Council for Responsible Government , was a political committee that had spent illegal funds, possible in coordination with a federal candidate, in a 2000 congressional primary race in New Jersey . The CLC is representing the Committee in the case, and had opposed remand. The court's remand order, however, limits the scope of the remand and imposes time limits on the FEC (issues about which the Committee had expressed concern in its opposition papers). In its ruling, the court specifically limited the remand to the FEC reconsidering its decision in light of McConnell. Judge Bates explained that while the FEC described its remand motion as arising from an intervening decision, McConnell had actually been decided prior to the issuance of the Commission's Statement of Reasons, "and hence should have been considered then." The court also imposed time limits on the FEC, noting: "This Court is well aware of the significant time -- almost five years -- that has passed since the Kean Committee first filed its administrative complaint with the FEC. The Court will not permit this matter to languish unduly with the FEC in light of that history." Judge Bates set a status conference for April 15, 2005 .

To see the order, click here.

Federal Judge Allows Key 527 Suit to Go Forward

On January 25, 2005, the federal judge refused to dismiss a suit challenging the Federal Election Commission's failure to act on a complaint against a 527 group for its activity against New Jersey Republican state senator Thomas Kean Jr. in his 2000 congressional campaign. Lawyers for the Campaign Legal Center are representing the Kean campaign.

Click here for the full press report.

Click here to view the order denying motion to dismiss.