Justice Department officials think it's high time that the Federal Election Commission consult with their agency before issuing administrative decisions in enforcement matters that could involve criminal campaign violations. In a letter to the FEC, a senior Justice official, Craig C. Donsanto, director of the election crimes branch, Public Integrity Section, wrote the FEC earlier this month that the campaign watchdog agency too often disposes of such cases before informing prosecutors. Donsanto responded to an online request from the FEC for suggestions on how it "might improve its compliance and enforcement processes.'' The commission will hold a public self-improvement public hearing on Jan. 14.

In his letter, Donsanto wrote that in 1977 the Justice Department and the FEC signed a Memorandum of Understanding, or MOU, addressing the duty of the commission to refer potential criminal violations of the Federal Election Campaign Act to prosecutors. Once the FEC determines under the MOU that "significant and substantial'' violations were committed "knowingly and willfully,'' Donsanto wrote, the commission refers the matter to the Justice Department. However, Donsanto went on, "in view of significant enhancements to the criminal penalties for knowing and willful violations'' enacted in the McCain-Feingold campaign finance reform law in 2002, "we believe these current standards and processes'' are not adequate for prosecuting violations.

Prior to McCain-Feingold, Donsanto explained, criminal violations of the Federal Election Campaign Act were considered misdemeanors. McCain-Feingold, he added, made some violations felonies and punishable by prison terms. "We believe that these significant recent developments reflect a congressional intent'' that potential criminal violations uncovered by the FEC should be evaluated by the Justice Department, Donsanto wrote, "before any alternative administrative disposition is considered.'' Donsanto said Justice and the FEC should amend the MOU accordingly.

                                                                                                           -- Edward T. Pound