This post about a bit of lawfare in which Brett Kimberlin, as The
Dread Deadbeat Protector Kimberlin, is involved. However, he’s not a named party in the case.
At the end of January, 2014, a couple of progressive organizations and a pair of individuals filed a LOLsuit in the U.S. District Court in D.C. against the Federal Elections Commission because it failed to pursue an investigation of Crossroads Grassroots Political Strategies. The individual plaintiffs in the case were Craig Holman and Kevin Zeese. The organizational plaintiffs were Public Citizen and Protect Our Elections.org. The Gentle Readers who have been following this blog for some time should find a couple of those names familiar. This is from the Complaint filed in the case—
11. Plaintiff ProtectOurElections.org is a national collaboration of grassroots organizations that work together to provide oversight of elections and to advocate for campaign finance reform. they rely on political committees’ public disclosure reports to evaluate the influence of money in politics.
13. Plaintiff Kevin Zeese, Esq., is an attorney with ProtectOurElections.org and is committed to reforming politics and elections. He relies on information about campaign-related spending to evaluate different speakers and messages and to monitor the impact of large expenditures on officeholders and public policy. He is also a United States citizen and a registered voter in Maryland. As a registered voter, Mr. Zeese is entitled to reviver the information that the FECA requires political committees and others to disclose to the public, and his informed exercise of the vote is impaired when such information is unavailable,
The case slogged along until motions for summary judgment were filed. A hearing on those motions was held in August, 2016. And then nothing happened. You see, there was another case going forward against the FEC in the same court that had very similar facts and issues. That case, Citizens for Responsibility and Ethics in Washington v. FEC, went to trial in 2017 and was appealed. The Court of Appeals for the DC Circuit decided that case in the FEC’s favor in 2018. IANAL, but it seems to me that the case law now favors granting summary judgment in the FEC’s favor in the Public Citizen, et al. case as well.
The FEC has filed a supplemental brief informing the District Court of the Court of Appeals ruling, but nothing has been entered on the case docket for almost a year.
It looks as if The
Dread Deadbeat Protector Kimberlin will have to find another means “to provide oversight” of our elections.