MUR #5712

RESPONDENTS: McCain, John; Schwarzenegger, Arnold

COMPLAINANT: Torres, Art

SUBJECT: Non-federal; Solicitation

DISPOSITION: The Commission failed by a vote of 3-3 to: a) Find probable cause to believe that Senator John McCain violated 2 U.S.C. § 441i(e)(1)(B) and 11 CFR § 300.62. b) Approve the conciliation agreement, as recommended in General Counsel?s Report #2 dated December 11, 2007. c) Approve the appropriate letter.
The Commission decided by a vote of 4-2 to dismiss MURs 5712 and 5799 on the basis of prosecutorial discretion as outlined in Heckler v. Chaney, 470 U.S. 821 (1985).
The Commission decided by a vote of 6-0 to close the files in MURs 5712 and 5799 and send the appropriate letters.
The Commission decided by a vote of 4-2 to take the following actions in MUR 5712: 1. Find reason to believe that Senator John McCain violated 2 U.S.C. § 441i(e) and 11 CFR § 300.62. 2. Find no reason to believe that Senator John McCain violated 2 U.S.C. § 441a(a) or 11 CFR § 300.61. 3. .........REDACTED .......... instruct the Office of General Counsel to circulate a proposed Factual and Legal Analysis .........REDACTED .......... pursuant to the meeting discussion, for Commission approval on a tally vote basis. 4. Dismiss the allegation that Governor Arnold Schwarzenegger violated the Act by aiding and abetting Senator McCain in violating 2 U.S.C. § 441i and approve the Factual and Legal Analysis, as recommended in Attachment 6 of the General Counsel's Report dated January 31, 2007. 5. Approve the appropriate letters.