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MARCUS v. HOLDER

No. 08-15643.

574 F.3d 1182 (2009)

Jon MARCUS, Plaintiff-Appellant, v. Eric H. HOLDER Jr., Attorney General; Michael E. Toner, Federal Election Commission Chairman; Federal Election Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2009.

Attorney(s) appearing for the Case

Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, P.C., Southfield, MI, for the appellant.

Thomasenia P. Duncan, General Counsel; David Kolker, Associate General Counsel; Harry J. Summers, Assistant General Counsel; Greg J. Mueller, Attorney, Washington, D.C., for appellee Federal Election Commission.

Gregory G. Katsas, Assistant Attorney General; Diane J. Humetewa, United States Attorney; Michael S. Raab, Attorney, Appellate Staff, Civil Division; Eric Fleisig-Greene, Attorney, Appellate Staff, Civil Division, Washington, D.C., for appellee Attorney General.

Before: Barry G. Silverman, Richard R. Clifton and Milan D. Smith, Jr., Circuit Judges.

SILVERMAN, Circuit Judge:

Jon Marcus claims he is the target of a politically motivated investigation by the United States Attorney General into alleged federal campaign finance violations. He brought suit against the Attorney General and the Federal Election Commission Chairman seeking a declaration that the Attorney General's investigation is unlawful. His claim boils down to this: the Federal Election Campaign Act of 1971, 86 Stat. 11, as amended, 2 U.S.C. §...

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