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GEOFFREY N. FIEGER, et al., Plaintiffs-Appellants, v. UNITED STATES ATTORNEY GENERAL, et al., Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 07-10533—Lawrence P. Zatkoff, District Judge.
Argued: July 24, 2008
Decided and Filed: September 15, 2008
Before: COLE and CLAY, Circuit Judges; RUSSELL, District Judge.
RUSSELL, District Judge. Plaintiffs Geoffrey N. Fieger, Nancy Fisher, and Fieger, Fieger, Kenney and Johnson, P.C. (collectively, “Plaintiffs”) appeal the dismissal with prejudice of their action challenging an ongoing grand jury investigation into Plaintiffs’ alleged violation of federal campaign finance laws, challenging the district court’s decision that: 1) the statutory language of the Federal Election Campaign Act (the “Act”), legislative history, and case law together indicate that the Act permits the Attorney General to conduct independent investigations into suspected criminal violations of campaign contribution laws without a referral from the Federal Election Commission; 2) Plaintiffs are not entitled to have a court compel the FEC to apply the alleged terms of the Act pursuant to APA §§ 701-706; and 3) Plaintiffs are not entitled to a writ of mandamus to compel FEC action in the instant case.
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For the reasons set out above, we AFFIRM the district court’s dismissal of Plaintiffs’ action with prejudice.