The Democratic National Committee (DNC) sued the Trump administration Friday over its interpretation of executive power.
The DNC challenged President Donald Trump’s executive order “Ensuring Accountability For All Agencies,” arguing Trump’s effort to exercise control over agencies could threaten independence the party depends on in the Federal Election Commission (FEC).
“The extinction of the FEC’s independence—and replacement with the President’s decree—severely harms Plaintiffs by placing the head of the opposing political party in charge of interpreting campaign finance law for the executive branch,” the lawsuit alleges.
The complaint notes the Democratic Senatorial Campaign Committee (DSCC) is currently defending itself against allegations that it “improperly classified four advertisements disseminated during the 2024 election cycle in violation of FECA’s contribution and coordinated party spending limits.”
“DNC, DSCC, and DCCC also all rely on impartial guidance from the FEC for virtually everything they do—soliciting contributions, making expenditures and other disbursements, coordinating campaign activity, and reporting to the Commission,” the lawsuit states. “Their ability to solicit rulemakings and advisory opinions and to file or defend against complaints will be severely impaired if those requests are to be resolved under the binding legal interpretations of a political opponent instead of a bipartisan commission of experts.”
Trump’s executive order issued Feb. 18 states that it shall “be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.”
“The Constitution vests all executive power in the President and charges him with faithfully executing the laws,” the order states. “Since it would be impossible for the President to single-handedly perform all the executive business of the Federal Government, the Constitution also provides for subordinate officers to assist the President in his executive duties. In the exercise of their often-considerable authority, these executive branch officials remain subject to the President’s ongoing supervision and control.”
Trump has asserted control over the executive agencies in other ways, including through firing Hampton Dellinger, head of the U.S. Office of Special Counsel. The Supreme Court took no action Feb. 21 after the Trump administration asked it to block a temporary restraining order (TRO) reinstating Dellinger to the position.
The administration reiterated its request Wednesday after a judge extended the order preventing Delligner’s firing for three days.
“In short, a fired Special Counsel is wielding executive power, over the elected Executive’s objection, to halt employment decisions made by other executive agencies,” Acting Solicitor General Sarah Harris wrote in a letter to the court.
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