1 To be Argued by or To be Submitted by:

Through a combined approach of research, advocacy, public education, and litigation, CREW seeks to protect the rights of citizens to be informed about the activities of government officials and to ensure the integrity of those officials. [...] 5 USCA Case #22-5339 Document #2042731 Filed: 02/28/2024 Page 12 of 37 Under CHGO and New Models, a non-majority of the Commission is free to ignore any disfavored judicial decision, sheltering regulated parties from the law as recognized, and depriving Americans of the information to which they are entitled as declared by the courts. [...] Under CHGO and New Models, the FEC is an Agency like No Other The wanton abuse of the powers conferred by CHGO and New Models underscores previous wisdom in the unanimous judgment of the judiciary that subjected the Commission’s dismissals to judicial review. [...] The FEC under CHGO and New Models departs from the standards of administrative law and conflicts with the mandates of the Constitution. [...] McPhail Counsel for Amicus Curiae 15 USCA Case #22-5339 Document #2042731 Filed: 02/28/2024 Page 22 of 37 CERTIFICATE OF SERVICE I hereby certify that on February 27, 2024, I electronically filed the foregoing document with the Clerk of Court for the United States Court of Appeals for the District of Columbia Circuit by using the appellate CM/ECF system, thereby serving all persons required to be.