UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Similar documents
Case 1:06-cv LFO Document 18 Filed 04/17/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:04-cv RJL-RWR Document 75-1 Filed 06/16/2006 Page 1 of 24 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Appellee s Response to Appellants Jurisdictional Statements

BEFORE THE FEDERAL ELECTION COMMISSION

Case 1:04-cv EGS Document 16-1 Filed 04/28/2005 Page 1 of 57 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 3:08-cv JRS Document 140 Filed 10/18/10 Page 1 of 7. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: Document: 180 Page: 1 07/01/ UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, 2012

Case 1:11-cv JDB Document 3 Filed 02/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:14-cv APM Document 24 Filed 03/10/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

DEVELOPMENTS : THE 2004 ELECTION CYCLE, SECTION 527 ORGANIZATIONS

Plaintiff s Memorandum in Opposition to Motion of Sen. McCain et al. to Intervene

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Comments on Advisory Opinion Drafts A and B (Agenda Document No ) (Tea Party Leadership Fund)

Case M:06-cv VRW Document 597 Filed 04/09/2009 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 1:04-cv EGS Document 7 Filed 11/19/2004 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, v. Civil Action No (JDB) FEDERAL ELECTION COMMISSION ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NITED STATES COURT OF APPEALS RECEIVEHE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR REVIEW

Case 1:11-cv RMC-TBG-BAH Document 12 Filed 08/17/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:12-cv SVW-PLA Document 21 Filed 05/24/12 Page 1 of 10 Page ID #:204

* * * * * * * * * * * * * *

MOTION TO AFFIRM FOR INTERVENOR- DEFENDANT REPRESENTATIVE CHRISTOPHER VAN HOLLEN, JR.

APPENDIX. ORDER GRANTING MOTION TO INTERVENE [Docket #40] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION NOTICE OF APPEAL

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

Case 1:17-cv EGS Document 18 Filed 09/15/17 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:06-cv PLF-EGS-DST Document 136 Filed 06/13/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 3:17-cv WHA Document 193 Filed 03/28/18 Page 1 of 6

mg Doc 5847 Filed 11/18/13 Entered 11/18/13 19:33:43 Main Document Pg 1 of 10

Attorneys for Defendants TerraForm Global, Inc. and Peter Blackmore UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

February 12, E Street NW 999 E Street NW Washington, DC Washington, DC 20463

U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:14 cv JDB

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

BEFORE THE FEDERAL ELECTION COMMISSION

IN THE SUPREME COURT OF FLORIDA

Case 1:11-cv NMG Document 53 Filed 09/17/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Money Spent by General Electric to Influence Decisions and Secure Future Federal Contracts 1997 through 2004

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Courthouse News Service

Case 1:17-cv TCB-WSD-BBM Document 44 Filed 10/20/17 Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

cv FILED IN CLERK'S OFFICE U.S DISTRICT COURT E.D.N Y * DEC *

UNITED STATES DISTRICT COURT IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 1:13-cv RBW Document 117 Filed 12/19/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANSWER

Case 1:14-cv CMH-TRJ Document 14 Filed 01/23/15 Page 1 of 10 PageID# 83

Case5:11-cv LHK Document1777 Filed08/15/12 Page1 of 19 UNITED STATES DISTRICT COURT

Case 3:07-cv SI Document 25 Filed 11/26/2007 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:06-cv PLF-EGS-DST Document 170 Filed 10/07/2009 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:17-cv VSB

Case 1:06-cv LFO Document 26-2 Filed 04/21/2006 Page 1 of 7. United States District Court District of Columbia

Case 1:17-cv RC Document 8 Filed 09/25/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Federal Restrictions on State and Local Campaigns, Political Groups, and Individuals

Robert (Bob) Bauer Partner

Case 1:04-cv RJL-RWR Document 84-1 Filed 07/14/2006 Page 1 of 37 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

United States District Court for the District of Columbia. A federal court authorized this notice. This is not a solicitation from a lawyer.

Case 2:12-md AB Document 6073 Filed 06/25/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case: Document: Page: 1 Date Filed: 05/05/2014. Case No IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

v. Civil Action No. 1:13-cv-861

Case 3:07-cv SI Document Filed 11/26/2007 Page 1 of 7

Case KG Doc 200 Filed 09/19/14 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case 1:12-cv GBL-JFA Document 17 Filed 09/10/12 Page 1 of 4 PageID# 185

Case 1:10-cv WMN Document 28 Filed 08/04/10 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ) ) ) ) ) ) ) ) ) )

Case 2:12-md AB Document 5634 Filed 01/06/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv JLL-CCC Document 1 Filed 06/11/2008 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

STIPULATION FOR ORDER CONTINUING DEADLINES CASE NO: 2: RGK-E

NO IN THE SUPREME COURT OF THE STATE OF HAWAII

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 3:15-cv HEH Document 34 Filed 08/14/15 Page 1 of 3 PageID# 134

Case 1:06-cv PLF-EGS Document 70-1 Filed 02/14/2007 Page 1 of 13 IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:12-cv RMC-DST-RLW Document 24 Filed 03/15/12 Page 1 of 16

Case: 1:17-cv Document #: 99 Filed: 10/13/17 Page 1 of 5 PageID #:1395 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Case bjh Doc 22 Filed 12/30/11 Entered 12/30/11 19:33:15 Desc Main Document Page 1 of 70

UNITED STATES DISTRICT COURT

Case 1:16-cv KBF Document 16 Filed 08/19/16 Page 1 of 8

Case: 3:16-cv wmc Document #: 3 Filed: 07/06/16 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Responses of the Christian Civic League of Maine, Inc. to Defendants First Set of Interrogatories

Case 5:11-cv OLG-JES-XR Document 170 Filed 03/22/13 Page 1 of 8

Case BLS Doc 724 Filed 11/30/18 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) )

Case 3:16-cv REP Document 24 Filed 07/01/16 Page 1 of 13 PageID# 447

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Now comes Plaintiff, the Rhode Island Affiliate, American Civil Liberties Union

mg Doc Filed 10/01/18 Entered 10/01/18 15:54:35 Main Document Pg 1 of 7

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

the March 3, 2014 Order. As that motion explains, to date, Defendants have not

(admitted pro hac vice) (admitted pro hac vice) Jonathan E. Bachand

Case 1:04-cv RJL Document 250 Filed 11/03/2008 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) THE CHRISTIAN CIVIC LEAGUE ) OF MAINE, INC. ) Plaintiff, ) ) Civil Action No. 06-0614 (LFO) v. ) (Three-Judge Court Requested) ) FEDERAL ELECTION COMMISSION, ) ) Defendant. ) ) ) [PROPOSED] ANSWER AND AFFIRMATIVE DEFENSES OF INTERVENING DEFENDANTS SENATOR JOHN McCAIN, SENATOR RUSS FEINGOLD, REPRESENTATIVE CHRISTOPHER SHAYS, REPRESENTATIVE MARTIN MEEHAN, AND REPRESNTATIVE TOM ALLEN The [proposed] intervening defendants Senator John McCain, Senator Russ Feingold, Representative Christopher Shays, Representative Martin Meehan, and Representative Tom Allen, by their undersigned counsel, for their answer and affirmative defenses to the plaintiff s Verified Complaint for Declaratory and Injunctive Relief, respectfully answer, allege, and state as follows: ANSWER Introduction 1. Admit that this is an action challenging provisions of the Bipartisan Campaign Reform Act of 2002 (the BCRA or Act ) on constitutional grounds. In all other respects, the allegations are denied.

2. This paragraph contains tendentious characterizations of BCRA, the provisions of which speak for themselves, and conclusions of law, to which no response is required. In all other respects, the allegations are denied. 3. The provisions of BCRA speak for themselves, and therefore no further answer is required of these intervening 4. This paragraph contains conclusions of law to which no response is required. 5. This paragraph contains conclusions of law to which no response is required. 6. Admit that this is an action challenging the constitutionality of provisions of BCRA. In all other respects, the allegations are denied. 7. Admit that the FEC considered an exemption for lobbying communications but rejected it because the Commission believe[d] that such communications could be reasonably perceived to promote, support, attack, or oppose a Federal candidate in some manner and therefore d[id] not meet the statutory requirement. 67 Fed. Reg. 65190, 65200-65202. 8. Admit, but intervening defendants note that the citation to the congressional record is incorrect. 9. The intervening defendants are without knowledge or information sufficient to form a 10. The intervening defendants are without knowledge or information sufficient to form a 11. The intervening defendants are without knowledge or information sufficient to form a 12. The first two sentences contain conclusions of law to which no response is required, except intervening defendants admit that Senator Snowe is a candidate in the 2006 primary 2

elections and that Senator Collins is not a candidate in the 2006 elections. The intervening defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in the last sentence of this paragraph. 13. The intervening defendants are without knowledge or information sufficient to form a 14. This paragraph contains conclusions of law to which no response is required. 15. Admit that this action seeks declaratory and injunctive relief. The remainder of this paragraph contains conclusions of law to which no response is required. 16. The intervening defendants are without knowledge or information sufficient to form a 17. The provisions of BCRA speak for themselves, and therefore no further answer is required of these intervening In further response to this paragraph, the intervening defendants note that section 403(b) provides that any Member of Congress shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the Act. The intervening defendants fall within the scope of section 403(b). Jurisdiction and Venue 18. Admitted, except to the extent: (a) that certain claims including but not limited to those depending on regulations not yet issued may not be ripe for adjudication; (b) that certain claims may be moot; or (c) that plaintiffs may lack standing to bring certain of their claims. 19. Admitted. Parties 20. The intervening defendants are without knowledge or information sufficient to form a 3

21. Admit that the Federal Election Commission and Federal Communications Commission, along with the Attorney General, are charged with enforcing provisions of BCRA. Additional As-Applied Facts 22. The intervening defendants are without knowledge or information sufficient to form a 23. The intervening defendants are without knowledge or information sufficient to form a 24. The intervening defendants are without knowledge or information sufficient to form a 25. The intervening defendants are without knowledge or information sufficient to form a conclusions of law to which no response is required. Additionally, the provisions of BCRA 26. The intervening defendants are without knowledge or information sufficient to form a 4

27. The intervening defendants are without knowledge or information sufficient to form a 28. The intervening defendants are without knowledge or information sufficient to form a 29. The intervening defendants are without knowledge or information sufficient to form a 30. The intervening defendants are without knowledge or information sufficient to form a 31. The intervening defendants are without knowledge or information sufficient to form a 5

32. The intervening defendants are without knowledge or information sufficient to form a 33. The intervening defendants are without knowledge or information sufficient to form a 34. Admit that this action does not challenge BCRA s reporting and disclaimer requirements. 35. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 36. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 37. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 38. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 39. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 6

40. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 41. The intervening defendants are without knowledge or information sufficient to form a Exhibit A speaks for itself, and the intervening defendants deny the self-serving 42. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 43. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 44. Exhibit A speaks for itself, and the intervening defendants deny the self-serving 45. The intervening defendants are without knowledge or information sufficient to form a 46. The intervening defendants are without knowledge or information sufficient to form a 47. The intervening defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations in the first sentence. The final two sentences of this paragraph are denied. Count I 7

48. In response to this paragraph, the intervening defendants incorporate their responses contained in all of the preceding paragraphs of this answer. 49. The provisions of BCRA speak for themselves, and therefore no further answer is required of these intervening 50. This paragraph contains conclusions of law to which no response is required. 51. This paragraph contains conclusions of law to which no response is required. 52. Denied. 53. Denied. 54. Denied 55. Denied. 56. Denied. 57. Denied. 58. Denied. Count 2 59. In response to this paragraph, the intervening defendants incorporate their responses contained in all of the preceding paragraphs of this answer. 60. Denied. 61. This paragraph contains conclusions of law to which no response is required. In addition, the intervening defendants deny that in these circumstances all concerns about the use of corporate funds for electioneering communications will be absent. 62. The first sentence contains conclusions of law to which no response is required. The second sentence is denied. 8

63. The intervening defendants are without knowledge or information sufficient to form a 64. Denied. AFFIRMATIVE DEFENSES First Affirmative Defense To the extent plaintiffs lack standing with respect to any claim, that claim should be dismissed. Second Affirmative Defense To the extent any claim is moot or not ripe for adjudication, that claim should be dismissed. Third Affirmative Defense To the extent that any claim fails to state a claim on which relief can be granted, it should be dismissed. REQUEST FOR RELIEF Based upon these answers and affirmative defenses, the intervening defendants respectfully request that the Court enter a judgment as follows: (a) (b) Dismissing the plaintiffs claim in its entirety, on the merits, and with prejudice; Denying the plaintiffs request for declaratory and injunctive relief in their entirety; and (c) Awarding such other and further relief as the Court may find to be just and equitable. Dated this 17th day of April, 2006. 9

Respectfully submitted, /s/ J. Gerald Hebert Roger M. Witten (D.C. Bar No. 163261) WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10022 (212) 230-8800 Trevor Potter (D.C. Bar No.413778) J. Gerald Hebert (D.C. Bar No. 447676) Paul S. Ryan CAMPAIGN LEGAL CENTER 1640 Rhode Island Avenue, N.W. Suite 650 Washington, DC 20036 (202) 736-2200 Donald J. Simon (D.C. Bar No. 256388) SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLC 1425 K Street, N.W. Suite 600 Washington, DC 20005 (202) 682-0240 Bradley S. Phillips Grant A. Davis-Denny Munger, Tolles & Olson LLP 355 South Grand Avenue 35th Floor Los Angeles, CA 90071 (213) 683-9100 Seth P. Waxman (D.C. Bar No. 257337) Counsel of Record Randolph D. Moss (D.C. Bar No. 417749) WILMER CUTLER PICKERING HALE AND DORR LLP 2445 M Street, N.W. Washington, DC 20037 (202) 663-6000 Daniel R. Ortiz UNIVERSITY OF VIRGINIA SCHOOL OF LAW* 580 Massie Road Charlottesville, VA 22903 (434) 924-3127 * For identification purposes only Fred Wertheimer (D.C. Bar No. 154211) DEMOCRACY 21 1875 I Street, N.W. Suite 500 Washington, DC 20006 (202) 429-2008 Charles G. Curtis, Jr. David Anstaett Heller Ehrman White & McAuliffe LLP One East Main Street Suite 201 Madison, WI 53703 (608) 663-7460 10