Bialek v. Mukasey

LUCERO, Circuit Judge.

Plaintiff-appellant Barry Bialek appeals the district court’s dismissal of his suit against the United States Attorney General and the Chairman of the Federal Election Commission (“FEC” or “Commission”), pursuant to Federal Rule of Civil Procedure 12(b)(6), for failing to state a claim. Bialek had sought a judgment declaring that the Federal Election Campaign Act (“FECA” or “the Act”), 2 U.S.C. §§ 431-455, bars the Attorney General from investigating or prosecuting criminal violations of campaign finance law absent a referral from four FEC commissioners. We find Bialek’s…