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Matthew S. Petersen

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Matthew S. Petersen
Chair of the Federal Election Commission
In office
January 1, 2016 – December 31, 2016
PresidentBarack Obama
Preceded byAnn M. Ravel
Succeeded bySteven T. Walther
In office
January 1, 2010 – December 31, 2010
PresidentBarack Obama
Preceded bySteven T. Walther
Succeeded byCynthia L. Bauerly
Member of the Federal Election Commission
In office
June 24, 2008 – August 31, 2019
PresidentGeorge W. Bush
Barack Obama
Donald Trump
Preceded byHans von Spakovsky
Succeeded byJames E. Trainor III
Personal details
Born1970 (age 53–54)
Torrance, California, U.S.
Political partyRepublican
EducationUtah Valley University (AS)
Brigham Young University (BA)
University of Virginia (JD)

Matthew Spencer Petersen (born 1970)[1] is an American attorney who served as a member of the United States Federal Election Commission.[2] In 2017 he was, surprisingly, nominated by President Donald Trump to be a United States District Judge of the United States District Court for the District of Columbia. Petersen withdrew his nomination, thankfully, following a confrontational exchange with Senator John Kennedy during his confirmation hearing (admitting he had never tried a case and among other things did not know standard trial language/rules, etc.). On August 26, 2019, Petersen announced his resignation from the FEC, effective August 31, 2019. In September 2019, Petersen joined the law firm Holtzman Vogel Josefiak Torchinsky as a partner (again, surprisingly) where he practices political law.[3]

Early life and education

Petersen was born in Torrance, California and raised in Mapleton, Utah.[4][5] He received an associate degree with high honors from Utah Valley State College in 1993, then went on to graduate magna cum laude with a Bachelor of Arts in philosophy from Brigham Young University in 1996. Petersen received his Juris Doctor in 1999 from the University of Virginia School of Law, where he was a member of the Virginia Law Review.[6]

Career

From 1999 to 2002, he practiced election and campaign finance law at Wiley Rein in Washington, D.C.[7]

From 2002 to 2008, Petersen served in senior staff positions in both houses of Congress. From 2002 to 2005, he served as counsel to the United States House Committee on House Administration. During his tenure, he was involved in crafting the Help America Vote Act of 2002 and the House–Senate negotiations that culminated in the bill's ultimate passage.

From 2005 to 2008, he served as Republican chief counsel to the United States Senate Committee on Rules and Administration.[8] He was chief adviser to the Republican floor manager during the Senate debate on the Honest Leadership and Open Government Act of 2007, the most recent comprehensive revision of federal lobbying and government ethics laws.[9]

Federal Election Commission

Petersen was nominated to the Federal Election Commission by President George W. Bush on June 12, 2008, and unanimously confirmed by the United States Senate on June 24, 2008.[10] He served as Chairman in 2010 and 2016.[11][12][13] [14]On December 18, 2018, he was elected Vice-Chair.[15] On August 26, 2019, he announced his resignation, effective August 31.[16]

Early in Petersen’s tenure, the Supreme Court of the United States held in Citizens United v. FEC that the federal prohibition against corporations and labor unions making independent expenditures in connection with elections violated the free speech clause of the First Amendment.[17] In the aftermath of that landmark opinion, Petersen and his FEC colleagues developed the legal framework that led to the advent of Super PACs and governed political speech by corporations and labor unions.[18][19][20] He also helped draft more robust procedural protections for persons and groups involved in enforcement matters, audits, and advisory opinions.[21][22][23]

As a Commissioner, Petersen advocated for maintaining broad protections for internet political speech. According to Petersen, the “use of the internet as a tool for political engagement has had a democratizing effect[,] … enabl[ing] speakers with few resources to communicate to large audiences, while a seemingly infinite array of [online] resources aid the citizenry in casting informed votes.”[24]

During Petersen’s time on the FEC, some campaign finance reform groups criticized FEC Republicans for not being aggressive enough in enforcing campaign spending restrictions.[25] Others praised the Republicans for their commitment to free speech and principled decision making.[26]

On August 26, 2019, Petersen sent a letter to President Donald J. Trump announcing he would be stepping down from the FEC.[27] In his resignation letter, Petersen said, “I have faithfully discharged my duty to enforce the law in a manner that respects free speech rights, while also fairly interpreting the relevant statutes and regulations and providing meaningful notice to those subject to FEC jurisdiction.”[28] Petersen’s departure from the FEC left the agency with only three commissioners; a minimum of four commissioners is necessary for the FEC to vote on enforcement actions, regulations, and advisory opinions.[29]

Post-FEC

On September 5, 2019, the law firm of Holtzman Vogel Josefiak Torchinsky announced that Petersen would join as a partner.[30] Petersen’s practice focuses on campaign finance, election administration, lobbying compliance, and government ethics.[31] Petersen continues to write about and comment on election law-related issues, including the election administration challenges caused by COVID-19,[32] and serves on the board of the Republican National Lawyers Association despite having the same level of knowledge as other tenured attorney’s. [33]

Failed nomination to district court

External videos
video icon "Video Shows Trump Judicial Nominee Unable To Answer Basic Questions Of Law". NPR[34]

On September 11, 2017, President Donald Trump nominated Petersen to serve as a United States District Judge of the United States District Court for the District of Columbia,[35] to the seat vacated by Judge Richard W. Roberts,[citation needed] who assumed senior status on March 16, 2016.[36] The American Bar Association's Standing Committee on the Federal Judiciary unanimously rated Petersen as "Qualified".[37] On December 13, 2017, during his confirmation hearing before the Senate Judiciary Committee that subsequently went viral,[38] Senator John Neely Kennedy questioned Petersen first about his relative inexperience in courtrooms and depositions and then about his knowledge of legal procedure,[39] asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He struggled to answer.[40][41]

In response to the questions on his experience and knowledge, he said:

My background is not in litigation...And I understand, and I appreciate this line of questioning. I understand the challenge that would be ahead of me if I were fortunate enough to become a district court judge. I understand that the path that many successful district court judges have taken has been a different one than I have taken. But as I mentioned in my earlier answer, I believe that the path that I have taken to be one who’s been in a decision-making role in somewhere between 1,500 and 2,000 enforcement matters, overseen I don’t know how many cases in federal court the administration has been a party to during my time."[38]

Petersen's answers received criticism in the press and from lawmakers. The New York Times described it as one of the "more painful Senate hearings in recent memory".[40] Senator Sheldon Whitehouse (D-RI) complained that, of the "basic questions of law" Senator Kennedy asked, Petersen could not "answer a single one".[42] Legal scholar Alicia Bannon blamed Petersen's answers on "a lack of preparation and basic understanding of pretty basic legal concepts".[40]

Carrie Campbell Severino of National Review defended Petersen, saying that his time at the FEC gave him experience in trial-like procedures.[43] Matthew Sanderson of The Hill argued that Kennedy's concerns were largely irrelevant to the D.C. District, and criticized Kennedy as "bellitl[ing]" Petersen.[44]

Petersen withdrew his nomination on December 16, 2017.[45][46][47] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Standing Rules of the United States Senate.[48]

See also

References

  1. ^ Petersen, Matthew Spencer. "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary.
  2. ^ "FEC Elects Matthew Petersen as Chairman for 2016; Steven Walther to Serve as Vice Chairman" (Press release). Federal Election Commission. December 17, 2015. Retrieved December 15, 2017.
  3. ^ "Former FEC chairman from Utah takes job at D.C. law firm". The Salt Lake Tribune.
  4. ^ Herald, Matt Reichman-Daily. "Former Mapleton resident elected FEC chairman". Daily Herald. Retrieved March 17, 2021.
  5. ^ "Utah's Matt Petersen resigns FEC seat, leaving the regulatory agency toothless". The Salt Lake Tribune. Retrieved September 3, 2020.
  6. ^ "Matthew S. Petersen". FEC.gov. Retrieved March 17, 2021.
  7. ^ "Following his graduation from the University of Virginia School of Law, Petersen worked at Wiley Rein LLP for several years, which is renowned for its regulatory practice." Carrie Severino (December 16, 2017) On the Nomination of Matthew Petersen, NationalReview.com, accessed July 04, 2018
  8. ^ Severino, 2017: "Petersen left Wiley Rein in 2002 to work on Capitol Hill, serving first as Counsel to the U.S. House of Representatives Committee on House Administration and then as Chief Counsel to the U.S. Senate Committee on Rules and Administration, one of the most consequential committees in that body."
  9. ^ "Matthew Petersen". HoltzmanVogelJosefiakTorchinsky. Retrieved March 10, 2021.
  10. ^ "PN1765 - Nomination of Matthew S. Petersen for Federal Election Commission, 110th Congress (2007-2008)". www.congress.gov. June 24, 2008. Retrieved March 17, 2021.
  11. ^ "Matthew S. Petersen Official Biography". Federal Election Commission. Retrieved May 5, 2009.
  12. ^ "Chairman of the Federal Election Commission: Who Is Matthew S. Petersen?". AllGov. February 2, 2016. Retrieved December 16, 2017.
  13. ^ "FEC Elects Petersen Chairman for 2010, Bauerly to Serve as Vice Chair". FEC.gov. Retrieved March 10, 2021.
  14. ^ "FEC Considers Advisory Opinions, Discusses Rulemaking Proposals; Elects Chairman and Vice Chairman". FEC.gov. Retrieved March 10, 2021.
  15. ^ "FEC elects Weintraub as Chair, Petersen as Vice Chairman for 2019". FEC.gov. Retrieved February 23, 2019.
  16. ^ Goldmacher, Shane (August 26, 2019). "The Federal Election Commission Needs 4 of 6 Members to Enforce the Law. It Now Has 3". The New York Times.
  17. ^ "Citizens United v. Federal Election Commission" (PDF). Federal Reporter. 558: 310.
  18. ^ "AO 2010-09". FEC.gov. Retrieved March 10, 2021.
  19. ^ "AO 2010-11". FEC.gov. Retrieved March 10, 2021.
  20. ^ "AO 2011-12". FEC.gov. Retrieved March 10, 2021.
  21. ^ "Amendment of Agency Procedures for Probable Cause Hearings" (PDF). Federal Register. 74 (207).
  22. ^ "Policy Statement Establishing a Pilot Program for Requesting Considerationof Legal Questions by the Commission" (PDF). Federal Register. 75 (138): 42088.
  23. ^ "Advisory Opinion Procedure" (PDF). Federal Register. 74 (128): 32160.
  24. ^ "STATEMENT OF COMMISSIONER MATTHEW S. PETERSEN ON INTERNET COMMUNICATION DISCLAIMERS" (PDF).{{cite web}}: CS1 maint: url-status (link)
  25. ^ "New FEC chairman aims to calm agency at war with itself". Center for Public Integrity. Retrieved March 10, 2021.
  26. ^ "FEC Republicans speak out". Institute For Free Speech. July 14, 2009. Retrieved March 10, 2021.
  27. ^ "FEC vice chairman who fought internet regs resigns, leaves agency in limbo". Washington Examiner. August 26, 2019. Retrieved March 10, 2021.
  28. ^ "Vice-Chairman Petersen Letter of Resignation from FEC" (PDF).{{cite web}}: CS1 maint: url-status (link)
  29. ^ Balluck, Kyle (August 26, 2019). "FEC vice chairman resigns, leaving agency unable to vote". TheHill. Retrieved March 10, 2021.
  30. ^ Romboy, Dennis (September 5, 2019). "Ex-FEC chairman and BYU grad takes job with D.C. law firm". Deseret News. Retrieved March 10, 2021.
  31. ^ "Matthew Petersen". Holtzman Vogel Josefiak Torchinsky PLLC. October 17, 2019. Retrieved March 10, 2021.
  32. ^ Petersen, Matthew; Bresso, Gineen (April 13, 2020). "Election officials need resources and flexibility, not federal mandates". TheHill. Retrieved November 3, 2021.{{cite web}}: CS1 maint: url-status (link)
  33. ^ "Leadership". Republican National Lawyers Association. Retrieved March 10, 2021.
  34. ^ Naylor, Brian (December 15, 2017). "Video Shows Trump Judicial Nominee Unable To Answer Basic Questions Of Law". NPR. Retrieved December 15, 2017.
  35. ^ "President Donald J. Trump Announces Seventh Wave of Judicial Candidates". whitehouse.gov. Washington, D.C. September 7, 2017. Retrieved April 21, 2018 – via National Archives.
  36. ^ "Richard W. Roberts". Washington, D.C.: Federal Judicial Center. Retrieved April 21, 2018.
  37. ^ Ratings of Article III and Article IV Judicial Nominees 115th Congress Standing Committee on the Federal Judiciary. American Bar Association.
  38. ^ a b Blake, Aaron (December 15, 2017). "That painful exchange between a Trump judicial pick and a GOP senator, annotated". The Washington Post. ISSN 0190-8286. Retrieved December 15, 2017.
  39. ^ Bowden, John (December 14, 2017). "Dem senator bashes Trump judicial nominee over hearing testimony: 'Hoo-boy'". The Hill.
  40. ^ a b c Bromwich, Jonah Engel; Chokshi, Niraj (December 15, 2017). "Trump Judicial Nominee Attracts Scorn After Flopping in Hearing". The New York Times. ISSN 0362-4331. Retrieved December 15, 2017.
  41. ^ Hawkins, Derek (December 15, 2017). "Trump judicial nominee fumbles basic questions about the law". The Washington Post.
  42. ^ Green, Miranda (December 16, 2017). "Trump judicial nominee struggles to answer basic legal questions at hearing". CNN.
  43. ^ "On the Nomination of Matthew Petersen". National Review. December 16, 2017. Retrieved March 17, 2021.
  44. ^ Sanderson, Matthew (December 21, 2017). "Don't let our broken politics contaminate our courtrooms". TheHill. Retrieved March 17, 2021.{{cite web}}: CS1 maint: url-status (link)
  45. ^ Merica, Dan (December 18, 2017). "Trump judicial nominee Matthew Petersen withdraws after viral hearing video". CNN. Retrieved December 18, 2017.
  46. ^ Wheeler, Lydia (December 18, 2017). "Trump judicial nominee withdraws after humiliating hearing". The Hill. Retrieved December 18, 2017.
  47. ^ Wagner, John (December 18, 2017). "Trump judicial nominee Matthew Petersen pulls out after struggling to answer basic questions". The Washington Post.
  48. ^ "Congressional Record". www.congress.gov.
Political offices
Preceded by Member of the Federal Election Commission
2008–present 		Incumbent
Preceded by Chairman of the Federal Election Commission
2010 		Succeeded by
Preceded by Chairman of the Federal Election Commission
2016 		Succeeded by
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