James E. Akins v. Federal Election Commission

66 F.3d 348, 314 U.S. App. D.C. 219, 1995 WL 570464
CourtCourt of Appeals for the D.C. Circuit
DecidedNovember 1, 1995
Docket94-5088
StatusPublished
Cited by13 cases

This text of 66 F.3d 348 (James E. Akins v. Federal Election Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James E. Akins v. Federal Election Commission, 66 F.3d 348, 314 U.S. App. D.C. 219, 1995 WL 570464 (D.C. Cir. 1995).

Opinions

Opinion concurring in part and dissenting in part filed by Circuit Judge SILBERMAN.

SENTELLE, Circuit Judge:

Appellants sought review in district court of the Federal Election Commission’s dismissal of their administrative complaint alleging various violations of the Federal Election Campaign Act, 2 U.S.C. §§ 431-55 (1994). The district court granted summary judgment for the Federal Election Commission. Because we agree that the Commission acted in a reasonable manner in its interpretation and application of the Federal Election Campaign Act as to the administrative complaint, we affirm.

I. BACKGROUND

James E. Akins, Richard Curtiss, Paul Findley, Robert J. Hanks, Andrew Killgore, and Orin Parker (collectively, “appellants”) are former ambassadors, congressmen or government officials. They are politically active people who seek to influence policymakers and the public and who oppose the views of the American Israel Public Affairs Committee (“AIPAC”) regarding United States foreign policy in the Middle East.

AIPAC is an incorporated, tax-exempt organization with approximately 50,000 supporters nationwide that lobbies Congress and the Executive Branch for military and economic aid to Israel. AIPAC has an annual budget of close to $10 million. AIPAC’s stated purpose is to encourage close relations between the United States and Israel.

On January 9,1989, appellants filed a complaint with the Federal Election Commission (“FEC” or “Commission”), the independent government agency responsible for enforcement of the Federal Election Campaign Act (“FECA” or “Act”), claiming that AIPAC was a political committee under 2 U.S.C. §§ 431(4) and 431(9)(A)(i) because it made expenditures, including contributions, aggregating in excess of $1,000 in a year for the [350]*350purpose of influencing any election for federal office. As a political committee, AIPAC would be subject to registration and reporting requirements involving disclosure of its donors and the amounts it had contributed to candidates, as well as the $1,000 limit for contributions to individual candidates. 2 U.S.C. §§ 433, 434(a)(1) and (b), 441a(l) and (2) (1994).

The FEC investigated the allegations and after a substantial investigation, the General Counsel issued a report regarding AIPAC’s corporate expenditures, campaign-related activities and political activities. While the FEC found that AIPAC has made contributions that likely crossed the $1,000 threshold, it concluded that AIPAC is not a political committee under the statute because its campaign-related activities constitute only a small portion of its overall activities and are not AIPAC’s major purpose. The FEC stated that AIPAC is primarily a lobbying organization interested in promoting U.S.-Israel relations and its campaign-related activities are undertaken as an adjunct to its lobbying efforts.

Adopting the General Counsel’s recommendations, the Commission found that there was no probable cause to believe that AIPAC was a political committee in violation of the disclosure and reporting requirements of sections 433 and 434 of the Act. The Commission did find probable cause to believe that AIPAC violated section 441b, which restricts expenditures and contributions by corporations, but unanimously voted to take no action.

Appellants filed suit in district court claiming that the FEC’s final agency action — its determination of no probable cause to believe that AIPAC was a political committee under the Act — was arbitrary, capricious and contrary to law. Appellants allege that the FEC’s major purpose standard is contrary to law and that the Commission’s findings, reasons, and investigation were insufficient to support its conclusion that there is no probable cause to believe that AIPAC’s campaign-related activities were at such a level as to make them a major purpose of the organization. The district court granted summary judgment on the basis that the FEC’s construction and application of the major purpose standard was proper under the Supreme Court’s and this Circuit’s interpretations of the Act. The court found no evidence that the Commission failed to investigate adequately appellants’ administrative complaint.

II. DISCUSSION

A. Standing

Before addressing appellants’ claim on the merits, we must first resolve a jurisdictional issue: whether appellants have standing, both constitutional and prudential, to pursue their claims in federal court at all. In order to establish constitutional standing, appellants “must show injury in fact that is fairly traceable to the defendant’s action and redressable by the relief requested.” Animal Legal Defense Fund, Inc. v. Espy, 23 F.3d 496, 498 (D.C.Cir.1994) (“ALDF”) (citing Allen v. Wright, 468 U.S. 737, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984); Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 474-75, 102 S.Ct. 752, 759-60, 70 L.Ed.2d 700 (1982)).

Section 437g(a)(1) of FECA allows any person who believes that there has been a violation of the Act to file a complaint with the FEC. In turn, section 437g(a)(8)(A) states that any party aggrieved by an order of the FEC dismissing its complaint may file a petition with the U.S. District Court for the District of Columbia.

Appellants allege that the FEC’s action has denied them their right as citizens, registered voters, and members of the public to obtain information that AIPAC as a political committee would be required to disclose. They contend that their ability to influence and inform policymakers and the public is impaired by the lack of information about AIPAC’s contributors and expenditures.1 While arguably an injury of this type would not appear to meet the requirements of Arti[351]*351cle III standing, a line of circuit precedent, beginning with a footnote in Scientists’ Inst. for Public Info., Inc. v. Atomic Energy Comm’n, 481 F.2d 1079 (D.C.Cir.1973), has recognized certain “informational injuries” resulting from agency action. Id. at 1087 n. 29 (finding appellants have standing to challenge AEC decision not to issue environmental impact statement because agency action limited appellants’ ability to inform public about social issues and questions of public policy); see also Action Alliance of Senior Citizens v. Heckler, 789 F.2d .931, 937-38 (D.C.Cir.1986) (finding organization adequately alleged informational injury in regulations restricting flow of information regarding services available to the elderly); Foundation on Economic Trends v. Lyng,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Perez v. Becerra
District of Columbia, 2022
Susan Weinstein v. Islamic Republic of Iran
831 F.3d 470 (D.C. Circuit, 2016)
Akins v. Federal Election Com
District of Columbia, 2010
Akins v. Federal Election Commission
736 F. Supp. 2d 9 (District of Columbia, 2010)
North Carolina Right to Life, Inc. v. Leake
108 F. Supp. 2d 498 (E.D. North Carolina, 2000)
Federal Election Commission v. Akins
524 U.S. 11 (Supreme Court, 1998)
Federal Election Commission v. GOPAC, Inc.
917 F. Supp. 851 (District of Columbia, 1996)
James E. Akins v. Federal Election Commission
74 F.3d 287 (D.C. Circuit, 1996)
Virginia Society for Human Life, Inc. v. Caldwell
906 F. Supp. 1071 (W.D. Virginia, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
66 F.3d 348, 314 U.S. App. D.C. 219, 1995 WL 570464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-akins-v-federal-election-commission-cadc-1995.