This is a travesty and renders the judicial review procedures of FEC actions mostly meaningless. Judge Millett’s dissent from the denial of en banc review begins: Essential to the rule of law is the principle that a governmental agency cannot … Continue reading With Two Judges Not Participating and Two Dissenting, D.C. Circuit Will Not Review En Banc Decision That Allows a Minority of FEC Commissioners to Block Judicial Review By Bare Assertion of “Prosecutorial Discretion”