Washington, D.C.-May the Federal Election Commission disregard binding opinions of the D.C. Circuit Court of Appeals and Supreme Court?  That is a question the National Defense PAC, its founder Rear Admiral [Ret] James J. Carey and contributor & conservative activist Kelly S. Eustis have filed suit to determine.

 

Carey, Eustis, and National Defense PAC filed a complaint today in the United States District Court for the District of Columbia to protect the free speech rights of individuals - ensuring that Americans remain free to contribute to political groups who speak out about issues and candidates without government imposed limits.

 

"We are disappointed that the FEC couldn't find the votes to approve our request when our plans and situation are indistinguishable from those approved by the D.C. Circuit Court of Appeals, and fall squarely within the protections offered by the Supreme Court in the groundbreaking Citizens United case" said Adm. James J. Carey [Ret], founder of National Defense PAC, a non-connected political action committee dedicated to electing veterans to office who are committed to limited, constitutional government, and upholding America's historic commitment to its veterans.  In the 2009 case EMILY's List v. FEC, the D.C. Circuit held that a non-connected political committee does not relinquish its right to make independent expenditures with unlimited funds because it also makes contributions to candidates.

 

            Just four months ago the FEC would not assure National Defense PAC that it would not be prosecuted if it solicited and accepted unlimited funds solely for independent expenditures.  Leaving National Defense PAC and its supporters in jeopardy just for raising money for speech flies in the face of the First Amendment and binding judicial precedent.  

 

            "Our freedoms of speech & association are the underpinning of democracy - it's abhorrent that after the courts already protected those rights in similar circumstances, the FEC's inaction still makes it illegal for everyday citizens to do together what they can do themselves," said Dan Backer, counsel to National Defense PAC and principle attorney at DB Capitol Strategies.

 

            "The FEC's stonewalling is characteristic of its ongoing refusal to respect the free speech rights of everyday Americans.  This suit ends that stonewalling and demands that the FEC honor the protected First Amendment rights of our veterans," said Benjamin Barr, co-counsel, whose First Amendment work has been cited by the U.S. Supreme Court. 

 

            "The remedy here is to establish a separate account," said Stephen M. Hoersting, a campaign finance attorney and counsel in SpeechNow.org v. Federal Election Commission, which affirmed the principle that individuals may pool funds without limitation to speak independently about candidates.  "Three of the six commissioners understood that a separate account would do the trick, but National Defense PAC needed to hear it from at least four commissioners or risk legal jeopardy," Hoersting said.

 

            Carey, Eustis, and National Defense PAC expect a swift ruling from the U.S. District Court for the District of Columbia, upholding their rights under the First Amendment.

 

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