Meanwhile, Commissioners Bauerly and Weintraub have posted some strong statements of reasons opposing the Republican Commissioners in Unknown Respondents, Yoder, and the Christine O’Donnell/Tea Party case (this statement joined by Commissioner Walther). The last one ends as follows:
“Reason to believe” is a threshold determination fthat by itself does not establish that the law has been violated. In fact, “reason to believe” determinations indicate only that foe Commission has found sufficient legal justification to open an investigation to determine whether there is probable cause to believe that a violation of foe Act has occurred. Here, the campaign press secretary represented to a radio station employee that he spoke daily with the third party paying for a supposedly independent communication on that radio station. If that is not enough information to begin an investigation into coordination, it is unclear what would be enough.
Dead, dead, dead.