Direct DOJ to prosecute only clear FECA violations and defer to FEC interpretations
President should ensure DOJ prosecutes only clear FECA violations, does not construe ambiguity against the public, does not prosecute under theories FEC rejects—including after 3–3 ties—and must consult FEC enforcement actions, regs, and advisory opinions.
Mandate
Mandate Ch. 29 (FEC) — DOJ/FEC-Related Activities: President must ensure DOJ is directed to only prosecute clear violations of FECA; must not construe ambiguous provisions against the public or apply FECA to infringe First Amendment activity; direct DOJ/AG not to prosecute under an interpretation with which the FEC does not agree; instruct DOJ to consult and consider all official FEC actions including enforcement, regulations, and advisory opinions; rule should apply even to tied 3–3 FEC votes since statute requires four affirmative votes to act.
Undo plan
1) Preserve DOJ independent judgment to prosecute knowing/willful FECA crimes even when FEC deadlocks civilly.
2) Require consultation with FEC without a formal non-prosecution veto by partisan deadlock.
3) Publish DOJ FECA charging policy distinguishing civil ambiguity from criminal willfulness.
4) Maintain Public Integrity Section insulation from White House political direction.
5) Verify: FECA criminal case memos citing FEC materials; deadlock-related declinations.