“That’s one of the risks when you have such sporadic enforcement of the law.” “Historically both sides have placed some emphasis on consistency, and it will put some constraint on the commissioners to reconcile any refusal to go forwards in the Trump case,” he said. Weiner continued that the decision “set an interesting precedent” that commissioners will have to grapple with. “You can’t describe something as ‘legal services’ when it’s nothing like legal services.” “The FEC isn’t exactly overzealous about enforcement, but you’ve got to have some modicum of accuracy,” Weiner told The Daily Beast. In many cases, the GOP refused even to open an investigation.ĭan Weiner, a former counsel at the FEC who now directs the Brennan Center’s Elections and Government Program, said the Republican commissioners will have to contend with this precedent. Along the way, the Republican commissioners frequently rejected their own general counsel, who often found reason to believe that violations had indeed occurred. Just last month, a Daily Beast investigation found that the FEC had never taken action on a stunning 43 complaints against Trump. Data suggests there’s more than a kernel of truth to that claim. The FEC-specifically its three Republican commissioners, those critics say-appears congenitally incapable of acting against the former president.

For the FEC’s critics, the timing couldn’t have been better.

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