U.S. News & World Report: Lawsuit Dismissal Ends Prosecution of Former Utah AG Swallow (In the News)

U.S. News & World Report: Lawsuit Dismissal Ends Prosecution of Former Utah AG Swallow

By Ken Ritter and Lindsay Whitehurst, Associated Press

“This marks the last action by the government against me and we have won at every turn,” Swallow said in an email hailing U.S. District Judge Dee Benson’s 10-page decision…

Benson ruled that Congress makes election laws, and that the election commission “went too far” in adopting rules imposing liability on “secondary actors” making campaign contributions.

The judge compared the allegations to a basketball player earning an “assist” for passing to another player who makes a basket, although “the player who made the assist cannot fairly be considered to be the person who made the basket.” …

Commission attorney Sana Chaudhry argued last month that the campaign limit rule was part of the FEC’s broad authority to regulate elections.

Allen Dickerson, legal director of the Virginia-based Institute for Free Speech, said Friday, that, “unelected commissioners” can’t supplant Congress to punish conduct they deem inappropriate…

The FEC action could have left Swallow facing thousands of dollars in fines.

The Center for Competitive Politics is now the Institute for Free Speech.