MUR #5598

RESPONDENTS: Utah Republican Party; Cannon, Joseph A.; Davis, Keith A.; John Swallow for Congress Inc.; McCauley, Mike; National Republican Congressional Committee; Swallow, John; de Waal, Stanley R.

COMPLAINANT: Dunn, Donald

SUBJECT: Contributions-Prohibited; Disclaimer; Reporting

DISPOSITION: The Commission decided by a vote of 4-1 to dismiss MUR 5598 on the basis of prosecutorial discretion as outlined in Heckler v. Chaney, 470 U.S. 821 (1985).
The Commission decided by a vote of 5-0 to close the file in MUR 5598 and send the appropriate letters.
The Commission decided by a vote of 4-2 to take the following actions in MUR 5598: 1. Find reason to believe that the Utah Republican Party (Federal Account) and Mike McCauley, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a(a)(2)(A), 434(b), and 441d. 2. Take no action at this time with respect to the National Republican Congressional Committee and Christopher J. Ward, in his official capacity as treasurer, Swallow for Congress, Inc. and Stanley R. deWaal, in his official capacity as treasurer, John Swallow, and Joseph A. Cannon. 3. Approve the Factual and Legal Analysis, as recommended in the First General Counsel?s Report dated July 21, 2006. 4. Authorize the use of compulsory process, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as recommended in the First General Counsel's Report dated July 21, 2006. 5. Approve the appropriate letters, as recommended in the First General Counsel's Report dated July 21, 2006.