ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, March 1, 1996 TAG: 9603010067
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: Associated Press
A judge handed House Speaker Newt Gingrich a major legal victory Thursday, throwing out a government lawsuit charging that his former political action committee broke federal election laws.
The Federal Election Commission had contended that GOPAC, the group Gingrich once headed, helped elect federal candidates during the 1990 election cycle and should be forced to make public its donor lists and spending reports.
But U.S. District Judge Louis Oberdorfer, appointed to the bench by President Carter, agreed with GOPAC's contention that the group was only helping state and local candidates during that period.
``Although GOPAC's ultimate major purpose was to influence the election of Republican candidates for the House of Representatives, GOPAC's immediate major purpose in 1989 and 1990 was to elect state and local candidates and to develop ideas and circulate them generally,'' Oberdorfer wrote in his ruling.
``GOPAC distributed its material and services in a wholesale manner, which included distribution to candidates for federal office, among others, but the distribution was not targeted to federal candidates,'' the judge added.
GOPAC, which has complained for months that the FEC case was little more than a partisan political attack, was quick to celebrate Oberdorfer's ruling.
``This is a complete vindication of GOPAC and House Speaker Gingrich,'' said executive director Lisa Nelson. ``The FEC was unable to substantiate any of their claims against GOPAC or prove any of their allegations in court.''
``Obviously, we are disappointed,'' said FEC spokesman Ron Harris. ``We felt we presented a meticulous, persuasive case.''
FEC spokesman Ron Harris said the FEC was reviewing the ruling to decide whether to appeal the decision.
Oberdorfer said the FEC had failed to identify specific federal candidates GOPAC had assisted. To support its claims, the FEC relied on a series of fund-raising letters from GOPAC that, while advocating a GOP takeover of the House, did not identify individuals that donors should support.
The FEC has released thousands of pages of internal GOPAC documents obtained during the course of the lawsuit, including extensive donor lists and fund-raising strategies. The releases helped accomplish one of the government's primary goals - to make public the group's operations and finances.
Oberdorfer's ruling has no bearing on a separate House ethics complaint, filed by Minority Whip David Bonior, alleging that Gingrich received improper help from GOPAC.
The ethics panel has not yet decided whether to add Bonior's complaint, which relies on the FEC-released documents, to an existing probe of Gingrich by the committee's outside counsel.
In urging that Bonior's complaint be rejected, Republicans in Congress are sure to point out that Oberdorfer rejected the FEC's assertion that Gingrich himself had improperly benefited from his association with the PAC.
``There is no ... admissible, material evidence in the record that the materials and services which GOPAC provided to support Congressman Gingrich's work as GOPAC general chairman were used by GOPAC or by him to support his re-election campaign,'' Oberdorfer said.
The FEC had presented tapes and memos in which GOPAC staffers talked about spending $250,000 a year on ``Newt support.'' That term was never fully explained, and the FEC had hoped to explore the issue in court.
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