On June 11, Ralph Nader sued the Federal Election Commission in U.S. District Court in Washington, D.C. His case is Nader v FEC, 1:10-cv-989. The case was assigned to Judge Henry H. Kennedy, a Clinton appointee. Nader’s complaint is that the FEC never investigated the failure of the Democratic National Committee and its allies to report their expenses when they spent millions of dollars to keep him off the ballot in 2004. Also, certain legal corporations appear to have illegally made large contributions to the Democratic Party, by their legal services to the Democratic Party, in violation of federal campaign law. Here is the 31-page Complaint.
The FEC has broad discretion on whether to investigate a complaint. Nevertheless, the normal FEC procedure when a complaint is filed is to ask the other side to respond. When Nader complained to the FEC, the FEC didn’t even require a response from the Democratic Party or some of the other organizations complained about.
The FEC did nothing about Nader’s complaint for two years, and then dismissed it on the grounds that it had no information before it. Of course, its failure to have any information was due to its own failure to gather any information, or even to attempt to gather such information.