Case: Lacy v. Federal Election Commission

Lacy et al. v. Federal Election Commission

Lacy et al. v. Federal Election Commission et al.

COMPLAINT against FEDERAL ELECTION COMMISSION ( Filing fee $ 405 receipt number ADCDC-11745386) filed by JAMES LACY in his capacity as President of United States Justice Foundation and Policy Issues Institute, ALEXANDER TOMESCU, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons)(Davidson, Erielle) (Entered: 06/09/2025)

1 Exhibit Exhibit 1

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2 Civil Cover Sheet Civil Cover Sheet

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3 Summons Summons

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION (Davidson, Erielle) (Entered: 06/09/2025)

REQUEST FOR SUMMONS TO ISSUE filed by ALEXANDER TOMESCU, JAMES LACY, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. Related document: 1 Complaint, filed by JAMES LACY, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION, POLICY ISSUES INSTITUTE. (Attachments: # 1 Summons summons)(Davidson, Erielle) (Entered: 06/10/2025)

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/10/2025. (lcrdm3) (Entered: 06/10/2025)

SUMMONS (2) Issued Electronically as to FEDERAL ELECTION COMMISSION and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 06/10/2025)

REQUEST FOR SUMMONS TO ISSUE filed by ALEXANDER TOMESCU, JAMES LACY, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. Related document: 1 Complaint, filed by JAMES LACY, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION, POLICY ISSUES INSTITUTE.(Davidson, Erielle) (Entered: 06/10/2025)

SUMMONS (1) Issued Electronically as to U.S. Attorney (Attachments: # 1 Notice and Consent)(zdp) (Entered: 06/10/2025)

Notice of Error- New Case

Case Assigned/Reassigned

Case Assigned to Judge Randolph D. Moss. (znmw)

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Do not sign and date summonses. Please submit using the event Request for Summons to Issue. (znmw)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley William Hertz, Filing fee $ 100, receipt number ADCDC-11756890. Fee Status: Fee Paid. by JAMES LACY, POLICY ISSUES INSTITUTE, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Declaration Declaration, # 2 Exhibit Certificate of Good Standing)(Davidson, Erielle) (Entered: 06/16/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. Bradley W. Hertz is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions. Signed by Judge Randolph D. Moss on 6/16/2025. (lcrdm3)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/17/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/16/2025. (Attachments: # 1 Exhibit Certified Mail Return Card, # 2 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/17/2025. (Attachments: # 1 Exhibit Certified Mail Return Card, # 2 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ELECTION COMMISSION served on 6/16/2025 (Attachments: # 1 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

NOTICE of Lack of Quorum by FEDERAL ELECTION COMMISSION (Cunningham, Brian) (Entered: 07/22/2025)

NOTICE of Filing of Certification of Votes by FEDERAL ELECTION COMMISSION (Attachments: # 1 Amended Certification)(Cunningham, Brian) (Entered: 07/22/2025)

NOTICE of Appearance by Bradley Hertz on behalf of All Plaintiffs (Hertz, Bradley) (Entered: 07/28/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: In light of the Federal Election Commission's failure to answer the complaint by the Court's August 16, 2025, deadline, Dkt. 9, and the Commission's notice that it lacks a quorum and cannot defend this action, Dkt. 12, it is hereby ORDERED that the parties shall file a status report on or before September 2, 2025, proposing next steps for this litigation. Signed by Judge Randolph D. Moss on 08/19/2025. (lcrdm3)

Joint STATUS REPORT re: Proposed Next Steps in the Litigation by JAMES LACY. (Hertz, Bradley) (Entered: 08/22/2025)

NOTICE of Appearance by Jason J. Mendro on behalf of NATIONAL PUBLIC RADIO, INC. (Mendro, Jason) (Main Document 16 replaced on 8/26/2025) (znmw). (Entered: 08/25/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (Mendro, Jason) (Main Document 17 replaced on 8/26/2025) (znmw). (Entered: 08/25/2025)

NOTICE of Appearance by Cameron Joseph Edward Pritchett on behalf of NATIONAL PUBLIC RADIO, INC. (Pritchett, Cameron) (Entered: 08/26/2025)

MOTION to Intervene as a Defendant by NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Exhibit A - Memorandum of Law in Support of Motion to Intervene, # 2 Exhibit B - Proposed Order Granting Motion to Intervene, # 3 Exhibit C - Motion to Dismiss, # 4 Exhibit D - Memorandum of Law in Support of Motion to Dismiss, # 5 Exhibit E - Proposed Order Granting Motion to Dismiss, # 6 Exhibit F - Response to Complaint, # 7 Exhibit G - Enforcement Priority System Dismissal Report)(Mendro, Jason) (Entered: 08/26/2025)

NOTICE of Ex. H - Statement of Reasons by NATIONAL PUBLIC RADIO, INC. re 19 Motion to Intervene,, (Mendro, Jason) (Entered: 08/26/2025)

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 18 NOTICE of Appearance by Cameron Joseph Edward Pritchett on behalf of NATIONAL PUBLIC RADIO, INC. (Pritchett, Cameron).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 9/3/2025. (zapb) Modified on 8/27/2025 (zapb).

Notice of Provisional/Government Not Certified Status

MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Intervene as a Defendant by JAMES LACY, POLICY ISSUES INSTITUTE, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Azerrad, Erielle) (Entered: 09/05/2025)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of plaintiffs' unopposed motion for extension of time, Dkt. 21, it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall respond to NPR's motions on or before September 30, 2025. NPR shall file its reply on or before November 5, 2025. Signed by Judge Randolph D. Moss on 9/5/2025. (lcrdm3)

Memorandum in opposition to re 19 MOTION to Intervene as a Defendant filed by JAMES LACY, POLICY ISSUES INSTITUTE, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Azerrad, Erielle) (Entered: 09/30/2025)

Set/Reset Deadlines

Order on Motion to Intervene

MINUTE ORDER: Upon consideration of National Public Radio, Inc.'s Motion to Intervene as Defendant, Dkt. 19, it is hereby ORDERED that the motion is GRANTED. NPR has standing to intervene as the beneficiary of the challenged agency action. Crossroads Grassroots Policy Strategies v. FEC, 788 F.3d 312 (D.C. Cir. 2015). The motion to intervene is timely as it was filed only 10 days after the Commission's answer was due. The Court also concludes that NPR, as the beneficiary of the challenged Commission decision, has a legally protected interest in the case that might be impaired by Plaintiffs' suit, and that the Commission, which cannot defend this action, will not adequately represent that interest. Campaign Legal Center v. FEC, 334 F.R.D. 1 (D.D.C. 2019); Fed. R. Civ. P. 24(a)(2). Alternatively, NPR also satisfies the standard for permissive intervention, as its defense shares a common question of law - the legality of the Commission's decision - with the main action, and its intervention at this early stage will not unduly prejudice Plaintiffs. Fed. R. Civ. P. 24(b). It is FURTHER ORDERED that the caption in this case is amended to reflect the same.It is further ORDERED that NPRs motion to dismiss, Dkt. [19-3], and the supporting memorandum of law, Dkt. [19-4], are DEEMED FILED. It is further ORDERED that Plaintiffs shall respond to the motion to dismiss on or before November 3, 2025. Signed by Judge Randolph D. Moss on 10/1/25. (zglw)

Set/Reset Deadlines: Responses due by 11/3/2025 (zglw)

MINUTE ORDER: Upon consideration of Defendant-Intervenor NPR's unopposed motion for an extension, Dkt. 26, it is hereby ORDERED that the motion is GRANTED. NPR shall file its reply in support of the motion to dismiss on or before November 24, 2025. Signed by Judge Randolph D. Moss on 11/5/2025. (lcrdm3)

.Order AND ~Util - Set/Reset Deadlines

Order on Motion to Take Judicial Notice

MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion to take judicial notice, Dkt. 24, it is hereby ORDERED that the motion is GRANTED. Plaintiffs are, however, cautioned that the Court will only consider the materials contained in the Congressional Hearing Transcript and Berliner Article when resolving any motion to dismiss insofar as they are relevant to the well-pleaded allegations contained in Plaintiffs' complaint. Signed by Judge Randolph D. Moss on 5/1/2026. (lcrdm3)

MINUTE ORDER: Upon consideration of Intervenors' motion to dismiss, Dkt. 25, it is hereby ORDERED that the case is STAYED pending further order of the Court to await the issuance of an opinion from the D.C. Circuit in End Citizens United PAC v. Federal Election Commission, No. 22-5277. The Court anticipates that the D.C. Circuit's opinion will provide guidance on whether the FEC order at issue in this case, which involves the agency's invocation of its prosecutorial discretion, is properly subject to judicial review.In addition, the Court notes that Intervenors have raised a substantial question as to whether Plaintiffs have adequately alleged Article III standing to challenge the FEC order. "A plaintiff has informational standing when he alleges that he has 'fail[ed] to obtain information which must be publicly disclosed pursuant to a statute.'" Nader v. FEC, 725 F.3d 226, 229 (D.C. Cir. 2013) (alteration in original) (quoting FEC v. Akins, 524 U.S. 11, 21 (1998)). Although the Federal Election Campaign Act might support a plaintiff's concrete interest in information that "is related to [his] informed participation in the political process," it does not support Article III standing for a suit seeking to force the disclosure of information "in the hope of showing that [a third party] violated the prohibitions" of the statute in order "to promote law enforcement." Id. at 230. Plaintiffs' complaint says little about the specific nature of the information that they seek to obtain through this suit. The Court need not decide this question now, and it expects that the D.C. Circuit's opinion in End Citizens United PAC might also provide further guidance on the issue. However, to encourage the efficient resolution of this matter given that the Court is likely to request supplemental briefing from the parties in any case after the D.C. Circuit issues its en banc decision, the Court will GRANT Plaintiffs leave to file an amended complaint containing more detailed allegations regarding their standing to sue, so long as they do so on or before May 22, 2026. Signed by Judge Randolph D. Moss on 5/1/2026. (lcrdm3)

Case Stayed (zglw)

Case Stayed

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Plaintiffs filed by JAMES LACY. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Hertz, Bradley) (Entered: 05/22/2026)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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Order on Motion to Dismiss

MINUTE ORDER: In light of Plaintiffs' amended complaint, Dkt. 30, it is hereby ORDERED that Intervenor's motion to dismiss, Dkt. 25, is DENIED as moot. It is further ORDERED that this case remains STAYED, and that Defendant and Intervenor's deadline to answer or otherwise respond to the amended complaint remains STAYED pending the D.C. Circuit's decision in End Citizens United PAC v. Federal Election Commission, No. 22-5277. Signed by Judge Randolph D. Moss on 5/26/2026. (lcrdm3)