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Page 1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
Plaintiff,
)
)
v.
)
)
FEDERAL ELECTION COMMISSION
)
999 E Street NW
)
Washington, DC 20463,
)
)
Defendant.
)
____________________________________)
DEMOCRATIC NATIONAL
COMMITTEE,
Civ. No. 1:08-cv-01083 (JDB)
ANSWER
DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER
TO PLAINTIFF’S COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF
Defendant Federal Election Commission (“Commission”) submits this answer to
Plaintiff’s Complaint for Declaratory and Injunctive Relief (Dkt. No. 1). Any allegation not
specifically responded to below is DENIED.
1.
The Commission ADMITS the Plaintiff has filed an administrative complaint and
DENIES that it is unable or has failed to act on Plaintiff’s administrative complaint within the
meaning of 2 U.S.C. § 437g(a)(8). The remainder of this paragraph describes Plaintiff’s
administrative and judicial complaints, documents that speak for themselves, and no response is
required.
2.
This paragraph describes the Presidential Primary Matching Payment Account
Act, 26 U.S.C. §§ 9031-9042, which speaks for itself, and no response is required. The last
sentence of paragraph 2 consists of legal argument and conclusions, and no response is required.Page 2 This paragraph contains legal argument and conclusions, and no response is
required. The Commission is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegations in this paragraph.
4.
The Commission affirmatively states that on or about February 6, 2008, David
Mason, then chairman of the Commission, and Ellen Weintraub, then vice chair of the
Commission, received a letter from Senator McCain that speaks for itself. The Commission
further affirmatively states that Chairman Mason responded to Senator McCain by letter on
February 19, 2008, and that letter speaks for itself. To the extent that this paragraph contains
legal argument and conclusions, no response is necessary. The Commission is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
in this paragraph.
5.
The Commission ADMITS that Plaintiff filed an administrative complaint on
February 25, 2008. The remainder of this paragraph describes Plaintiff’s administrative
complaint, a document that speaks for itself, and no response is required.
6.
The Commission ADMITS that Plaintiff filed a complaint on April 14, 2008 and
that this Court dismissed the complaint on May 14, 2008. The remainder of this paragraph
describes the court complaint and this Court’s order dismissing that complaint; both documents
speak for themselves, and no response is required.
7.
This paragraph contains legal argument and conclusions, and no response is
required. The Commission is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegations in this paragraph.
2Page 3 This paragraph describes 2 U.S.C. § 437g(a)(8)(A) & (B), provisions of the
Federal Election Campaign Act, as amended (“FECA”), which speak for themselves, and no
response is required.
9.
The Commission affirmatively states that of the six Commissioners provided for
in the FECA, one Commissioner resigned in February 2007 and the terms of three
Commissioners expired on January 1, 2008. The Commission affirmatively states that on June
24, 2008, the United States Senate confirmed five Commission appointments, and that the
agency now has a full complement of six Commissioners. To the extent that this paragraph
describes the FECA and contains legal argument and conclusions, no response is required.
10.
The Commission DENIES the allegations in this paragraph to the extent that they
state that alleged campaign finance law violations committed by Senator McCain, if any, “will
not be redressed unless and until this Court issues an order pursuant to 2 U.S.C.
§ 437g(a)(8) . . . .” To the extent that this paragraph contains legal argument and conclusions, no
response is required. The Commission is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegations in this paragraph.
11.
This paragraph describes 2 U.S.C. § 437g(a)(8)(C), a provision of the FECA,
which speaks for itself, and no response is required.
12-13. The Commission states that it is without knowledge or information sufficient to
form a belief as to the truth of the allegations in these paragraphs.
Second Paragraph 10.1 The Commission DENIES the allegations in the first sentence of
this paragraph because the term “jointly registered” is vague, ambiguous, and undefined. The
Commission affirmatively states that a national committee is registered with the Commission as
1
The Complaint contains two sets of paragraphs numbered 10, 11, and 13.
3Page 4 “DNC Services Corporation/Democratic National Committee.” The second sentence of this
paragraph contains legal argument and conclusions to which no response is required. The
Commission is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegations in this paragraph.
Second Paragraph 11. The Commission ADMITS the allegations in this paragraph.
Second Paragraph 13. The Commission DENIES the allegations in this paragraph.
14.
The Commission ADMITS the allegations in this paragraph.
15.
The Commission is without knowledge or information sufficient to form a belief
as to the truth of the allegations in this paragraph.
16.
The Commission ADMITS the first sentence thereof. The Commission is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
in this paragraph.
17.
This paragraph contains legal argument and conclusions to which no response is
required.
18.
The Commission ADMITS that Plaintiff made expenditures during the 2004
presidential election, and is without knowledge or information sufficient to form a belief as to
whether they were “substantial.” To the extent that this paragraph describes the FECA and the
Commission’s regulations, all of which speak for themselves, or draws legal conclusions
therefrom, no response from the Commission is required.
19.
This paragraph describes 2 U.S.C. § 441a(d)(2), a provision of the FECA, and
certain of the Commission’s regulations, all of which speak for themselves, and no response is
required.
4Page 5 This paragraph appears to describe what is permitted by various provisions of the
FECA, all of which speak for themselves, and contains legal argument and conclusions, and no
response is required.
21.
The Commission DENIES the allegations of paragraph 21.
22.
The Commission ADMITS that candidates Barack Obama and Hillary Clinton
“were expending most of their resources in the [primary election] campaign to secure the
[Democratic Party’s presidential] nomination.” The Commission is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegations contained in
this paragraph.
23.
The Commission DENIES that it is unable or has failed “to act against” violations
of the law. The remainder of this paragraph contains legal argument and conclusions, to which
no response is required.
24.
To the extent that this paragraph describes 2 U.S.C. § 438g(a)(8), a provision of
the FECA that speaks for itself, no response is required. The Commission is without knowledge
or information sufficient to form a belief as to the truth of Plaintiff’s allegation that it “is
prepared to bring and will bring an action” under 2 U.S.C. § 438g(a)(8)(C). To the extent that
this paragraph contains legal argument and conclusions, no response is required.
25.
To the extent that this paragraph alleges that Senator John McCain is the
presumptive nominee for the Republican Party’s presidential nomination, the Commission
ADMITS the allegations thereof. To the extent that this paragraph contains legal argument and
conclusions, no response is required. The Commission DENIES the remaining allegations
contained in this paragraph.
26.
The Commission DENIES the allegations in this paragraph.
5Page 6 27-33. These paragraphs describe the Presidential Election Campaign Fund Act, 26
U.S.C. §§ 9001-9013; the Presidential Primary Matching Payment Account Act, 26 U.S.C.
§§ 9031-9042; a provision of the FECA, 2 U.S.C. § 4414a(b)(A), and certain Commission
regulations, 11 C.F.R. §§ 100.152, 9032.6(a), 9033.1, 9033.2, 9033.4(a), 9035, 9035.1(c), which
all speak for themselves, and no response is required. To the extent that paragraph 32 alleges
that the Republican Party will nominate its presidential candidate “at the Republican National
Convention in September 2008,” the Commission ADMITS the allegations thereof. To the
extent that paragraph 33 alleges that the FECA initially set the primary election spending limit
for participating candidates at $10 million, and that limit is indexed for inflation, and is currently
set at $42.05 million, the Commission ADMITS the allegations thereof.
34.
The Commission ADMITS that it received from Senator McCain a letter of
Candidate and Committee Agreements and Certifications dated August 13, 2007. Senator
McCain’s letter speaks for itself, and therefore no response to the second sentence of this
paragraph is required. The Commission lacks knowledge or information sufficient to form a
belief as to the truth of the allegations contained in the third sentence of this paragraph.
35.
The Commission ADMITS the allegations of the first sentence of this paragraph.
The Commission’s press release and Senator McCain’s candidate agreement letter speak for
themselves and therefore no response to the remaining allegations contained in this paragraph is
required.
36.
To the extent that this paragraph describes provisions of state law, those
provisions speak for themselves and no response is required. The Commission lacks knowledge
or information sufficient to form a belief as to the truth of the remaining allegations contained in
this paragraph.
6Page 7 37.
The Commission ADMITS the allegations in paragraph 37.
38.
The Commission ADMITS that it received a letter from Senator McCain dated
February 6, 2008, and that it received a copy of a letter dated February 7, 2008 to Commissioner
Judith R. Tillman, Financial Management Service, United States Treasury Department, from
Trevor Potter, General Counsel to John McCain 2008, Inc. Both letters speak for themselves,
and no further response is required.
39.
The Commission ADMITS that then-Chairman Mason sent a letter to Senator
McCain dated February 19, 2008, which speaks for itself, and no further response is required.
40.
The Commission ADMITS receiving a letter from Senator McCain under 11
C.F.R. § 9033.1, which speaks for itself and no response is required. To the extent that this
paragraph describes 11 C.F.R. § 9033.1, that rule speaks for itself and no response is required.
41-42. The Commission states that its Advisory Opinion 2003-35 speaks for itself and no
response is required.
43.
The Commission DENIES the allegations contained in this paragraph and states
that on August 21, 2008, it voted 6-0 to grant Senator McCain’s request to be released from his
obligations under the Presidential Primary Matching Payment Account Act system. The
remaining allegations of this paragraph contain legal argument and conclusions and no response
is required.
44-55. The Commission states that the documents described in these paragraphs speak
for themselves, and, to the extent that these paragraphs contain legal argument and conclusions,
no response is required. To the extent that these paragraphs describe or assert facts not contained
in referenced documents, the Commission states that it is without knowledge or information
sufficient to form a belief as to the truth of such allegations.
7Page 8 The Commission DENIES the allegations in this paragraph. To the extent that
this paragraph references a report covering the May 1-31 time period, the Commission
affirmatively states that such a report would properly be referred to as a “June Monthly Report,”
a document that speaks for itself. To the extent that this paragraph contains legal argument and
conclusions, no response is required.
57.
The Commission is without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph. To the extent that this paragraph
contains legal argument and conclusions, no response is required.
58.
This paragraph contains legal argument and conclusions to which no response is
required.
59.
The Commission ADMITS that Plaintiff filed an administrative complaint on
February 25, 2008, which speaks for itself, and no response is required.
60.
The Commission DENIES that it has failed to act and that it cannot now act on
Plaintiff’s administrative complaint. To the extent that this paragraph describes 2 U.S.C.
§ 437g(a)(2), that provision speaks for itself and no response is required. To the extent that this
paragraph contains legal argument and conclusions, no response is required.
61.
The Commission DENIES that it has failed to act and that it cannot now act on
Plaintiff’s administrative complaint. The Commission affirmatively states that of the six
Commissioners provided for in the FECA, one Commissioner resigned in February 2007 and the
terms of three Commissioners expired on January 1, 2008. The Commission affirmatively states
that on June 24, 2008, the United States Senate confirmed five Commission appointments, and
that the agency now has a full complement of six Commissioners. To the extent that this
8Page 9 paragraph describes 2 U.S.C. § 437g(a) and contains legal argument and conclusions, no
response is required.
62.
The Commission incorporates by reference its responses to all of the allegations
contained in paragraphs 1-61 of the Complaint.
63-67. The Commission DENIES the allegations in these paragraphs.
68.
The Commission states that it is without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph concerning alleged benefits to
Senator McCain. The Commission DENIES the remaining allegations in this paragraph.
69.
The Commission DENIES the allegations in this paragraph.
WHEREFORE, the Commission prays that the Plaintiff takes nothing from its
Complaint, and the relief Plaintiff requests should be denied.
9Page 10 AFFIRMATIVE DEFENSES
1.
The Complaint fails to state a claim upon which relief may be granted.
2.
Plaintiff lacks standing.
Respectfully submitted,
Thomasenia P. Duncan (D.C. Bar No. 424222)
General Counsel
David Kolker (D.C. Bar No. 394558)
Associate General Counsel
Harry J. Summers
Assistant General Counsel
/s/ Michael T. Liburdi
Michael T. Liburdi
Attorney
Dated: August 25, 2008
COUNSEL FOR DEFENDANT
FEDERAL ELECTION COMMISSION
999 E Street NW
Washington, DC 20463
(202) 694-1650
10
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Case 1:08-cv-01083-JDB
Document 4
Filed 08/25/2008
Page 1 of 10
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
Plaintiff,
)
)
v.
)
)
FEDERAL ELECTION COMMISSION
)
999 E Street NW
)
Washington, DC 20463,
)
)
Defendant.
)
____________________________________)
DEMOCRATIC NATIONAL
COMMITTEE,
Civ. No. 1:08-cv-01083 (JDB)
ANSWER
DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER
TO PLAINTIFF’S COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF
Defendant Federal Election Commission (“Commission”) submits this answer to
Plaintiff’s Complaint for Declaratory and Injunctive Relief (Dkt. No. 1). Any allegation not
specifically responded to below is DENIED.
1.
The Commission ADMITS the Plaintiff has filed an administrative complaint and
DENIES that it is unable or has failed to act on Plaintiff’s administrative complaint within the
meaning of 2 U.S.C. § 437g(a)(8). The remainder of this paragraph describes Plaintiff’s
administrative and judicial complaints, documents that speak for themselves, and no response is
required.
2.
This paragraph describes the Presidential Primary Matching Payment Account
Act, 26 U.S.C. §§ 9031-9042, which speaks for itself, and no response is required. The last
sentence of paragraph 2 consists of legal argument and conclusions, and no response is required.
PDF Page 3
Case 1:08-cv-01083-JDB
3.
Document 4
Filed 08/25/2008
Page 2 of 10
This paragraph contains legal argument and conclusions, and no response is
required. The Commission is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegations in this paragraph.
4.
The Commission affirmatively states that on or about February 6, 2008, David
Mason, then chairman of the Commission, and Ellen Weintraub, then vice chair of the
Commission, received a letter from Senator McCain that speaks for itself. The Commission
further affirmatively states that Chairman Mason responded to Senator McCain by letter on
February 19, 2008, and that letter speaks for itself. To the extent that this paragraph contains
legal argument and conclusions, no response is necessary. The Commission is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
in this paragraph.
5.
The Commission ADMITS that Plaintiff filed an administrative complaint on
February 25, 2008. The remainder of this paragraph describes Plaintiff’s administrative
complaint, a document that speaks for itself, and no response is required.
6.
The Commission ADMITS that Plaintiff filed a complaint on April 14, 2008 and
that this Court dismissed the complaint on May 14, 2008. The remainder of this paragraph
describes the court complaint and this Court’s order dismissing that complaint; both documents
speak for themselves, and no response is required.
7.
This paragraph contains legal argument and conclusions, and no response is
required. The Commission is without knowledge or information sufficient to form a belief as to
the truth of the remaining allegations in this paragraph.
2
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8.
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This paragraph describes 2 U.S.C. § 437g(a)(8)(A) & (B), provisions of the
Federal Election Campaign Act, as amended (“FECA”), which speak for themselves, and no
response is required.
9.
The Commission affirmatively states that of the six Commissioners provided for
in the FECA, one Commissioner resigned in February 2007 and the terms of three
Commissioners expired on January 1, 2008. The Commission affirmatively states that on June
24, 2008, the United States Senate confirmed five Commission appointments, and that the
agency now has a full complement of six Commissioners. To the extent that this paragraph
describes the FECA and contains legal argument and conclusions, no response is required.
10.
The Commission DENIES the allegations in this paragraph to the extent that they
state that alleged campaign finance law violations committed by Senator McCain, if any, “will
not be redressed unless and until this Court issues an order pursuant to 2 U.S.C.
§ 437g(a)(8) . . . .” To the extent that this paragraph contains legal argument and conclusions, no
response is required. The Commission is without knowledge or information sufficient to form a
belief as to the truth of the remaining allegations in this paragraph.
11.
This paragraph describes 2 U.S.C. § 437g(a)(8)(C), a provision of the FECA,
which speaks for itself, and no response is required.
12-13. The Commission states that it is without knowledge or information sufficient to
form a belief as to the truth of the allegations in these paragraphs.
Second Paragraph 10.1 The Commission DENIES the allegations in the first sentence of
this paragraph because the term “jointly registered” is vague, ambiguous, and undefined. The
Commission affirmatively states that a national committee is registered with the Commission as
1
The Complaint contains two sets of paragraphs numbered 10, 11, and 13.
3
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“DNC Services Corporation/Democratic National Committee.” The second sentence of this
paragraph contains legal argument and conclusions to which no response is required. The
Commission is without knowledge or information sufficient to form a belief as to the truth of the
remaining allegations in this paragraph.
Second Paragraph 11. The Commission ADMITS the allegations in this paragraph.
Second Paragraph 13. The Commission DENIES the allegations in this paragraph.
14.
The Commission ADMITS the allegations in this paragraph.
15.
The Commission is without knowledge or information sufficient to form a belief
as to the truth of the allegations in this paragraph.
16.
The Commission ADMITS the first sentence thereof. The Commission is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
in this paragraph.
17.
This paragraph contains legal argument and conclusions to which no response is
required.
18.
The Commission ADMITS that Plaintiff made expenditures during the 2004
presidential election, and is without knowledge or information sufficient to form a belief as to
whether they were “substantial.” To the extent that this paragraph describes the FECA and the
Commission’s regulations, all of which speak for themselves, or draws legal conclusions
therefrom, no response from the Commission is required.
19.
This paragraph describes 2 U.S.C. § 441a(d)(2), a provision of the FECA, and
certain of the Commission’s regulations, all of which speak for themselves, and no response is
required.
4
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20.
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This paragraph appears to describe what is permitted by various provisions of the
FECA, all of which speak for themselves, and contains legal argument and conclusions, and no
response is required.
21.
The Commission DENIES the allegations of paragraph 21.
22.
The Commission ADMITS that candidates Barack Obama and Hillary Clinton
“were expending most of their resources in the [primary election] campaign to secure the
[Democratic Party’s presidential] nomination.” The Commission is without knowledge or
information sufficient to form a belief as to the truth of the remaining allegations contained in
this paragraph.
23.
The Commission DENIES that it is unable or has failed “to act against” violations
of the law. The remainder of this paragraph contains legal argument and conclusions, to which
no response is required.
24.
To the extent that this paragraph describes 2 U.S.C. § 438g(a)(8), a provision of
the FECA that speaks for itself, no response is required. The Commission is without knowledge
or information sufficient to form a belief as to the truth of Plaintiff’s allegation that it “is
prepared to bring and will bring an action” under 2 U.S.C. § 438g(a)(8)(C). To the extent that
this paragraph contains legal argument and conclusions, no response is required.
25.
To the extent that this paragraph alleges that Senator John McCain is the
presumptive nominee for the Republican Party’s presidential nomination, the Commission
ADMITS the allegations thereof. To the extent that this paragraph contains legal argument and
conclusions, no response is required. The Commission DENIES the remaining allegations
contained in this paragraph.
26.
The Commission DENIES the allegations in this paragraph.
5
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27-33. These paragraphs describe the Presidential Election Campaign Fund Act, 26
U.S.C. §§ 9001-9013; the Presidential Primary Matching Payment Account Act, 26 U.S.C.
§§ 9031-9042; a provision of the FECA, 2 U.S.C. § 4414a(b)(A), and certain Commission
regulations, 11 C.F.R. §§ 100.152, 9032.6(a), 9033.1, 9033.2, 9033.4(a), 9035, 9035.1(c), which
all speak for themselves, and no response is required. To the extent that paragraph 32 alleges
that the Republican Party will nominate its presidential candidate “at the Republican National
Convention in September 2008,” the Commission ADMITS the allegations thereof. To the
extent that paragraph 33 alleges that the FECA initially set the primary election spending limit
for participating candidates at $10 million, and that limit is indexed for inflation, and is currently
set at $42.05 million, the Commission ADMITS the allegations thereof.
34.
The Commission ADMITS that it received from Senator McCain a letter of
Candidate and Committee Agreements and Certifications dated August 13, 2007. Senator
McCain’s letter speaks for itself, and therefore no response to the second sentence of this
paragraph is required. The Commission lacks knowledge or information sufficient to form a
belief as to the truth of the allegations contained in the third sentence of this paragraph.
35.
The Commission ADMITS the allegations of the first sentence of this paragraph.
The Commission’s press release and Senator McCain’s candidate agreement letter speak for
themselves and therefore no response to the remaining allegations contained in this paragraph is
required.
36.
To the extent that this paragraph describes provisions of state law, those
provisions speak for themselves and no response is required. The Commission lacks knowledge
or information sufficient to form a belief as to the truth of the remaining allegations contained in
this paragraph.
6
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37.
The Commission ADMITS the allegations in paragraph 37.
38.
The Commission ADMITS that it received a letter from Senator McCain dated
February 6, 2008, and that it received a copy of a letter dated February 7, 2008 to Commissioner
Judith R. Tillman, Financial Management Service, United States Treasury Department, from
Trevor Potter, General Counsel to John McCain 2008, Inc. Both letters speak for themselves,
and no further response is required.
39.
The Commission ADMITS that then-Chairman Mason sent a letter to Senator
McCain dated February 19, 2008, which speaks for itself, and no further response is required.
40.
The Commission ADMITS receiving a letter from Senator McCain under 11
C.F.R. § 9033.1, which speaks for itself and no response is required. To the extent that this
paragraph describes 11 C.F.R. § 9033.1, that rule speaks for itself and no response is required.
41-42. The Commission states that its Advisory Opinion 2003-35 speaks for itself and no
response is required.
43.
The Commission DENIES the allegations contained in this paragraph and states
that on August 21, 2008, it voted 6-0 to grant Senator McCain’s request to be released from his
obligations under the Presidential Primary Matching Payment Account Act system. The
remaining allegations of this paragraph contain legal argument and conclusions and no response
is required.
44-55. The Commission states that the documents described in these paragraphs speak
for themselves, and, to the extent that these paragraphs contain legal argument and conclusions,
no response is required. To the extent that these paragraphs describe or assert facts not contained
in referenced documents, the Commission states that it is without knowledge or information
sufficient to form a belief as to the truth of such allegations.
7
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The Commission DENIES the allegations in this paragraph. To the extent that
this paragraph references a report covering the May 1-31 time period, the Commission
affirmatively states that such a report would properly be referred to as a “June Monthly Report,”
a document that speaks for itself. To the extent that this paragraph contains legal argument and
conclusions, no response is required.
57.
The Commission is without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in this paragraph. To the extent that this paragraph
contains legal argument and conclusions, no response is required.
58.
This paragraph contains legal argument and conclusions to which no response is
required.
59.
The Commission ADMITS that Plaintiff filed an administrative complaint on
February 25, 2008, which speaks for itself, and no response is required.
60.
The Commission DENIES that it has failed to act and that it cannot now act on
Plaintiff’s administrative complaint. To the extent that this paragraph describes 2 U.S.C.
§ 437g(a)(2), that provision speaks for itself and no response is required. To the extent that this
paragraph contains legal argument and conclusions, no response is required.
61.
The Commission DENIES that it has failed to act and that it cannot now act on
Plaintiff’s administrative complaint. The Commission affirmatively states that of the six
Commissioners provided for in the FECA, one Commissioner resigned in February 2007 and the
terms of three Commissioners expired on January 1, 2008. The Commission affirmatively states
that on June 24, 2008, the United States Senate confirmed five Commission appointments, and
that the agency now has a full complement of six Commissioners. To the extent that this
8
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paragraph describes 2 U.S.C. § 437g(a) and contains legal argument and conclusions, no
response is required.
62.
The Commission incorporates by reference its responses to all of the allegations
contained in paragraphs 1-61 of the Complaint.
63-67. The Commission DENIES the allegations in these paragraphs.
68.
The Commission states that it is without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph concerning alleged benefits to
Senator McCain. The Commission DENIES the remaining allegations in this paragraph.
69.
The Commission DENIES the allegations in this paragraph.
WHEREFORE, the Commission prays that the Plaintiff takes nothing from its
Complaint, and the relief Plaintiff requests should be denied.
9
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AFFIRMATIVE DEFENSES
1.
The Complaint fails to state a claim upon which relief may be granted.
2.
Plaintiff lacks standing.
Respectfully submitted,
Thomasenia P. Duncan (D.C. Bar No. 424222)
General Counsel
David Kolker (D.C. Bar No. 394558)
Associate General Counsel
Harry J. Summers
Assistant General Counsel
/s/ Michael T. Liburdi
Michael T. Liburdi
Attorney
Dated: August 25, 2008
COUNSEL FOR DEFENDANT
FEDERAL ELECTION COMMISSION
999 E Street NW
Washington, DC 20463
(202) 694-1650
10
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