Merkley, Wyden Join Effort Demanding Trump Reverse Illegal Firing of Independent FEC Chair
Washington, D.C. – Oregon’s U.S. Senators Jeff Merkley and Ron Wyden joined an effort led by California’s U.S. Senator Alex Padilla to demand President Trump rescind his unprecedented and illegal firing of Federal Election Commission (FEC) Chair Ellen Weintraub. The Senators also advised Trump to pursue the lawful process of consulting with the Senate on nominating a replacement for both Weintraub and future vacancies.
The FEC is an independent, bipartisan agency tasked with enforcing U.S. campaign finance laws. In the 50 years since it was created — in the wake of the Watergate scandal — a commissioner has never been fired by the President. Typical procedure, as outlined in the Federal Election Campaign Act, is to have a Commissioner depart upon confirmation of their replacement. The illegal, unprecedented firing of Chair Weintraub took effect immediately on February 6.
“Chair Weintraub must be able continue to serve in her role unless and until you use the lawful process of nominating a commissioner for the Senate’s consideration and that nominee is confirmed,” wrote the Senators. “Your letter seeking to remove a commissioner ignores the legal requirements that commissioners may not be removed without cause. This effort violates the procedure set in statute for replacing commissioners in the Federal Election Campaign Act and appears to be a bad faith effort to dismantle the only federal agency that protects the American people’s right to transparency in campaigns and elections.”
“Record spending in our elections, including from ultra-wealthy individuals who now serve at the highest levels of power, has placed the FEC’s responsibilities at the heart of maintaining a healthy democracy,” continued the Senators. “While years of deadlock at the Commission have hindered its ability to serve as an effective regulator, removing commissioners without cause moves beyond dysfunction to outright destruction.”
In addition to Merkley, Wyden, and Padilla, the letter was signed by Senators Amy Klobuchar (D-Minn.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.).
Full text of the letter is available here and below:
Dear President Trump:
We write to strongly urge you to rescind your illegal attempt to remove Chair Ellen Weintraub from the Federal Election Commission (FEC), the independent and bipartisan agency charged with enforcing our campaign finance laws. Chair Weintraub must be able continue to serve in her role unless and until you use the lawful process of nominating a commissioner for the Senate’s consideration and that nominee is confirmed.
Your letter seeking to remove a commissioner ignores the legal requirements that commissioners may not be removed without cause. This effort violates the procedure set in statute for replacing commissioners in the Federal Election Campaign Act and appears to be a bad faith effort to dismantle the only federal agency that protects the American people’s right to transparency in campaigns and elections.
Removing an FEC commissioner without nominating a replacement is without precedent. With Republican Commissioner Sean Cooksey’s recent resignation to join your administration, regular order would be to consult with the Senate on a bipartisan basis and nominate a pair of Republican and Democratic commissioners for the Senate’s consideration. Unlawfully removing a commissioner with an existing vacancy, without consultation with the Senate on nominations to replace them, demonstrates an intent to ignore the Senate’s constitutional role and diminish the Commission’s ability to hold accountable potential violations of campaign finance law.
Chair Weintraub, a Democratic commissioner, has a strong record of seeking to enforce the law that regulates money in politics on a nonpartisan basis, including holding presidential campaigns accountable. Congress created the FEC over 50 years ago, in the wake of the Watergate scandal that eroded trust in our government. The FEC was designed to be free from the interference of those it might be regulating and to ensure the American people had insight into how money was being spent to influence its elected officials. The role of money in our elections has changed since the FEC was first created, particularly as the Supreme Court has issued decisions permitting dark money to infiltrate our elections. However, the need for balanced and dedicated commissioners who work on behalf of the country has remained unchanged.
Further, record spending in our elections, including from ultra-wealthy individuals who now serve at the highest levels of power, has placed the FEC’s responsibilities at the heart of maintaining a healthy democracy. While years of deadlock at the Commission have hindered its ability to serve as an effective regulator, removing commissioners without cause moves beyond dysfunction to outright destruction.
We call on you to rescind your unlawful letter and pursue the legal process for replacing commissioners in bipartisan consultation with the Senate.
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