National Democrats asked a judge Tuesday to issue a preliminary injunction halting an executive order signed by President Trump that gives him more control over the Federal Election Commission.
The Democratic National Committee, the Democratic Senatorial Campaign Committee and the Democratic Congressional Campaign Committee and Democratic campaign organizations filed a federal civil lawsuit last month challenging the executive order, alleging it was a naked power grab by Mr. Trump to assume more control over U.S. elections.
In February, Mr. Trump signed an executive order to curtail the authority of independent regulatory agencies.
“The independent regulatory agencies officials who wield vast executive power must be supervised and controlled by the people’s elected President,” his order said.
Under the order, the president and Attorney General Pam Bondi would “provide authoritative interpretations of law for the executive branch.” Further, any proposed and “final significant regulatory actions” from executive departments and agencies, “including so-called independent agencies,” are to be submitted for review to the president before they could be published in the Federal Register.
The Democratic campaign groups allege they’re already suffering harm because of the executive order. They argue that their employees fear that their fundraising and communications strategies may trigger an FEC complaint against the committees, “as has occurred in previous election cycles.”
They say that the order violates the Federal Election Campaign Act, known as FECA, by demanding that commissioners and their employees defer to Mr. Trump and Bondi’s interpretations of the law and prohibiting them from “‘advanc[ing] any interpretation of the law as the position of the United States that contravenes the President or the Attorney General’s opinion on a matter of law.'”
Democrats noted that the executive order grounds its directive in the Article II authority of the president, but they argue that under controlling precedent, “Congress may create expert commissions like the FEC that are insulated from direct Presidential control, and therefore confirms the constitutionality of the relevant provisions of FECA.
Last month, Ellen Weintraub, the current Federal Election Commission Chair and one of three Democratic members on the committee, said Mr. Trump had illegally removed her as a member of the FEC.
The case is assigned to Biden-appointed federal Judge Amir Ali.
