This file contains archived live captions of the open meeting of the Federal Election Commission held on February 08, 2018. This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission. >> CHAIRMAN HUNTER: Good morning, everybody. The open meeting of the Federal Election Commission for February 8th will come to order. We only have one matter on our agenda this morning and that's advisory opinion 2017?13. We have Mr.ÊJohn Duff from the National Suorghum Producers on the line with us. We'll start with a brief presentation from the Office of General Council. There was a motion first. >> COMMISSIONER WEINTRAUB: I move that we move the rules on the matter of the timely submission so we can consider agenda document 18?06?A. >> CHAIRMAN HUNTER: All those in favor? >> Aye. >> CHAIRMAN HUNTER: Opposed? It passed unanimously. >> Good morning commissioners. This agenda document is a draft response to an advisory committeerequest by the Sorghum Producers. Whether the requester proposed checkoff system is a permissible means to the sorghum PAC. The draft concludes that they do constitute a federation of trade associations and the proposed check?off system is permissible and the state organizations may act as collecting agents for sorghum PAC. And we did not receive any comments on the request for the draft. I'm happy to answer any questions. >> CHAIRMAN HUNTER: Thank you. Any comments from commissioners? Any questions? Mr.ÊDuff? Do you have any comments on the draft or questions? >> I do not. Thanks for the consideration. >> CHAIRMAN HUNTER: My brother?in?law is a sorghum producer in southeast Missouri. I'll need to find out if he's a member. >> COMMISSIONER WEINTRAUB: I hope this doesn't make a recusal incident for you Madam chair. >> CHAIRMAN HUNTER: I'm not sure if he's a member. He's just starting out. And I certainly don't make anything off of him. I think he does make some sort of home brewed. I should stop now. (Laughing) Is there a motion? Madam Vice Chair? >> COMMISSIONER WEINTRAUB: Thank you Madam Chair. I move we approve advisory opinion 2017?13 as set forth in agenda document 18?06?A. >> CHAIRMAN HUNTER: All those in favor? Aye. Opposed? The ayes have it unanimously. Thank you very much. And Commissioner Walther is not able to join us this morning. I believe he'll be entering his vote before the end of the business day. Thank you, Mr.ÊDuff. >> Thank you. >> CHAIRMAN HUNTER: Take care. Today marks the end of an era. Sadly Commissioner Goodman is leaving us. His last day is next Friday. And we will certainly miss him. It seems like we've gotten a lot accomplished since he's been here. And he's been an excellent addition to the commission. He's been a happy warrior for the rights of political parties in particular, and for those who want to participate in speech on the internet. And we appreciate his happiness and his thoroughness and his professionalism throughout the time that he's been here. He will be sorely missed and we wish him the best of luck. He is joining a law firm that he used to be a member of a long time ago, and a place where many of us have many good friends. I know he'll enjoy his time over there and best of luck to you. >> COMMISSIONER GOODMAN: Thank you, Madam Chair. >> CHAIRMAN HUNTER: Commissioner Goodman? >> COMMISSIONER GOODMAN: If I could just seek the Commission's indulgence. Yesterday, I delivered to the White House my resignation effective February 16th to resume the private practice of law at the law firm of Wiley Rine. And I'm requesting indulgence of my colleagues because this might be my last opportunity to compensate for expressions of appreciation that I have failed to express along the day?to?day course of my tenure here at the commission. And there are many people to whom I owe a public expression of gratitude. First and foremost, I have to thank my legal counsels, my executive assistants since I've been at the commission. Andrew Woodson who is at Wiley Rine was a friend and colleague. Gary, who is now an attorney at the Department of Interior. Brandi. Mike. Kind of came to me indirectly. I stole him from you, Commission Hunter. And we stole him from the Office of General Counsel and proved to be such a capable advisor. Stuart, who is practicing law at Jones Day now. And Chris who gracefully left his position downstairs to come upstairs and help me. I want to thank Chris. And Allie Curry. Today's Allie's last day on the job. She's going to join a former law partner of mine named Chris Ashby who is an excellent practitioner in this field in the Washington area. And Chris is a good friend and Allie is a good friend. And I want to wish Allie the best in her transition and in her future career. I can't possibly mention by name everybody. We would be here for a long time if I went through and named every staff member. So if I don't mention your name it's not because I didn't appreciate you or you didn't make my life more comfortable here. But there are just a few people who just stand out to me for their efforts and in my memory here at the commission. And who are actually representative or so many people who work here. And I just want to publicly express gratitude. And my admiration to certain people. In no particular order. Wei Lu. The FEC is fundamentally a data operation. We sit on mountains of data. We make that data publicly available. If the servers, if the website, if the transition to the cloud or to a new website don't work, we're out of business. And we're not fulfilling our mission. And Wei Lu has devoted often 50?60 hours a week over the past three years to wholly transform the FEC's I.T. infrastructure in ways that none of us see. And we have a new website. We have conversion to the cloud. We have new search engines and functions. We have new A.P.I. functions. And I just would like to thank Wei for his superlative work. For his good grace and friendship. Mark. I have learned a lot about the law from many people here. And what I have found most remarkable about Mark is every time he appeared at this table before us, I saw things a little different way. He not only understood the law, but he understood the commission probably better than any lawyer I could see here, and could tactfully walk through the reigns of the commission and explaining precedent and statutory interpretations. And so not only was he an expert in the law, but he had the tact and the expert in the commission in a way that I thought was masterful. And I'm not the only person who thought this because when I arrived at the commission, Former Commission McGhan warned me that Mark was probably the most clever attorney in the Office of General Council. >> That was a warning? >> COMMISSIONER GOODMAN: He alerted me, yeah. (Laughing) Amy Rawstein. There have been times when I've been awe struck by her knowledge of commission regulations and policy changes and how to weave those into rulemakings and advisory opinions. It is just an awe?inspiring skill that she has. Jessica is a wicked smart attorney here. And I honestly admire her intelligence. Joshua Bloom. He's not someone who comes before the commission a lot. But I have been sitting in the evening in my office at times and I have read some of the most well?written and articulate legal memos with Mr.ÊBloom's name on them that I have seen anywhere in my legal career. And I have sat there and been envyious that I write as well as Mr.ÊBloom could write. Lorenzo Holloway. You've been a friend and I've always appreciated your status reports, on your promptness, on your professionalism in the way you presented to the commission. And I just wanted to say thank you. Kevin Deally. I have come to trust Mr.ÊDeally's advice and professionalism across many matters and issues. Know the FEC litigation division must be one of the most interesting places in all of Washington to litigate given the incredibly interesting issues that the lawyers get to touch in administration from complicated administrative law issues to First Amendment issues to other constitution issues. And I have come to really respect Kevin Deally in the shop that he runs and how they represent the commission. Proregulatory positions and deregulatory positions. And I have come to rely on Kevin quite regularly. Major Ed Holder. Everybody needs a good marine around to run the place and make things run and make the transition to a new building work. Major Holder has kept this place running and it's often a thankless task and I want to thank Ed. Dana Brown. What can you say? She's wearing her Philadelphia Eagles shirt today. Dana, I can't do justice to what you've done for this agency just in the four and a half years I've been here. If you need someone to run H.R., you call Dana. If you need someone to sit outside the staff directors office and make the agency run, you call Dana. You need somebody to step up and be secretary to the commission, you call Dana Brown. So I just want to, Dana, tell you I know from many conversations that you are probably one, if not the, most respected person in this agency. Debbie Tukona. The RAD division runs well because of your confidence and ability to motivate a lot of young people run well in your team. I want to thank you for making that operation run well, which is so critical. Greg Scott I've always had a special place in my heart for the proactive advice that they give and their seminars. Those people stood out as I sat here last night thinking of people who I admired. To my fellow commissioners, let me just say this. It's not an easy job. You all assume heavy responsibilities here. They are difficult balance to be drawn. And difficult decisions to be made. And you all make these decisions every day and you deserved to be recognized for accepting that burden. I have come to respect that the heartfelt positions of even those with whom I have disagreed. >> COMMISSIONER WEINTRAUB: Hey, who you looking at there Goodman? >> COMMISSIONER GOODMAN: Unfortunately there are two empty chairs here so you get the full laser beam! (Laughter). But I know, let me speak personally to you Commissioner Weintraub. I have come to respect you and how heartfelt your positions are. I understand why you think like you do and I understand the debate that is embedded in this agency and construct and is embedded in its unique mandate that the courts have recognized. We've had some excellent discussions and debates. You have changed my positions at times. Sometimes you've changed the way I explain my position. But you have changed me. And so I owe you respect for that. And I also believe the debates we have are in service to the American people. So what some people call a dysfunctional debate I think edifies the record. Sometimes it edifies the record for a court to review what we do. But I believe that the debates that we have even in disagreement, we're serving the American people. We have had some achievements here. Over my last four and a half years. I won't belabor them all. I think some of you read about some of those that I thought were special in my letter to the White House. But I think it bears repeating that we have been able to find ways to find agreement despite often opposed positions on things and, I think that bears repeating. The chair has an ambitious rule?making agenda coming up this year. And I just want to say to all of you from the bottom of my heart thank you. And I wish the commission and the staff here godspeed in your work on behalf of the American people. Thank you. [Applause] >> CHAIRMAN HUNTER: Vice Chair? >> COMMISSIONER WEINTRAUB: Thank you, Madam Chair. I'm going to miss you, Commissioner Goodman. And I think for some of the reasons that you just stated in your remarks. I'm going to miss your appreciation for the good work of our staff. I'm going to miss all of the excellent people that you brought into the people when you started listing all the people who have worked for you. I thought I really enjoyed working with every single one of those people. And I appreciated the way they were always friendly and respectful in dealing with their colleagues across the aisle. So that's a tribute to you that you attract good people. And we have certainly disagreed. Sometimes I think that some of our disagreements were exaggerated in the press. But I appreciate the way you always disagreed with a smile on your face. I was bemused by the chair's description of you as a happy warrior. I associate that with Hubert Humphrey. But you did bring good spirits and good cheer and willingness to listen. And certainly a warrior's attitude and a great commitment to your principles, which I also respect. And I just wish you every good luck and success in your future endeavors and I'm sure you will be successful. You're joining a wonderful practice group. We know pretty much everybody over there. You've worked with many of those folks before. And I'm sure you'll have a great legal future over there and you and Wiley Rine will benefit. Godspeed. >> COMMISSIONER PETERSEN: Some of you may be wondering why I'm wearing my UVA tie today. Partially it has to do with the University of Virginia being ranked number two in the men's basketball poll. And maybe number one. They may ascend to the top of the polls. But commissioner Goodman is a graduate of both University of Virginia with his undergraduate degree, as well as a law degree from the University of Virginia, which makes him, what's called a Double Who. And I'm only a single. I'm what's called a Law Who. I wear this tie out of solidarity and admiration and respect of my colleague who will soon be departing. As I've gotten a little bit longer in years here, I've sensed that my sentimentality level has increased. Even as you get to know people, as you become friends, and develop genuine affection for your colleagues on the commission, for the people who work here, I find good?byes to become a little bit more melancholy as time has gone on. I'll greatly miss having Commissioner Goodman as a colleague. I appreciate that he won't be going too far away. Obviously he'll still be in the election law world at a great law firm where I spent a few years, as well. But I'll greatly miss your principled approach to the law, to your dedication, to your principles, and the hard work. I mean as many of you know, maybe the audit division, maybe more than anybody else, the way that he can do a deep dive into the most minute details of any record. Again, whether it's an audit or an enforcement matter. He is willing to get down into the weeds in order to truly understand the matter that's before him. And that dedication to trying to first of all understand the full scope of the matter that was before him, and then reach the decision that he felt most accorded with the law was something I greatly respected and admired. He is the consummate gentleman. Not withstanding if there were demands and discussions, always good natured, gregarious, with a great sense of humor. And whether we're talking about issues regarding some arcane issue in 11CFR or whether we were talking about matters before us, or whether we were speaking about the more important matters of movies, sports, and music, he is always a delightful person to have these sorts of conversations with. So I would just say for as smart and accomplished and impressive as he's been in terms of his professional accomplishments, what I'll miss most is your friendship. And I greatly thank you for the relationship we've had over the last four and a half years and look forward to maintaining that in the years to come. >> CHAIRMAN HUNTER: Thank you very much. We will all miss you. That's one thing we can all agree on. With that, do you anything else you would like to say? With that, this is your last meeting. >> COMMISSIONER GOODMAN: I'll be here next Thursday. >> CHAIRMAN HUNTER: Actually, we're not going to meet next Thursday. (Laughter). >> COMMISSIONER GOODMAN: This is my last meeting. >> COMMISSIONER WEINTRAUB: Good thing you spoke up today! >> CHAIRMAN HUNTER: Well we may have met had you not spoken up today, but there are no advisory opinions in the hopper next Thursday or pending audits. So it looks as if since there aren't any matters, we probably won't have a meeting next Thursday. So this truly is your last meeting. So thanks again for everything. We appreciate it and thank you for your kind words to everybody. Mr.ÊStaff director, are there any management or administrative matters the commission needs to discuss today? >> Madam chair, there are no such matters. >> CHAIRMAN HUNTER: Thank you. This meeting stands adjourned. (Ended at 11:29 a.m. Eastern Time)