By Dennis Romboy
Government lawyers have asked a judge not to dismiss the Federal Election Commission complaint against former Utah Attorney General John Swallow.
The government says in a new court filing that it has a “more-than-plausible” case that Swallow violated the FEC’s ban on making campaign contributions in the name of another person…
Swallow’s new lawyers from the Virginia-based Institute for Free Speech, including a former FEC chairman, want Judge Dee Benson to dismiss the complaint.
Swallow broke no law, and the regulation cited in the complaint is illegal and violates the First Amendment, according to his lawyers.
Congress never created secondary liability – the practice of holding one party legally responsible for helping another – for the type of campaign finance violation Swallow is alleged to have committed, they say.
Not only is the FEC going after Swallow for something he did not do, it is pursuing him for violating a law that does not exist, his lawyer argued.