National: Judge in Landmark Case Disavows Support for Voter ID | New York Times

It is the kind of thought that rarely passes the lips of a member of the federal judiciary: I was wrong. But there was Richard A. Posner, one of the most distinguished judges in the land and a member of the United States Court of Appeals for the Seventh Circuit, saying he was mistaken in one of the most contentious issues in American politics and jurisprudence: laws that require people to show identification before they can vote. Proponents of voter identification laws, who tend to be Republican, say the measures are necessary to prevent fraud at the polls. Opponents, who tend to be Democrats, assert that the amount of fraud at polling places is tiny, and that the burdens of the laws are enough to suppress voting, especially among poor and minority Americans. One of the landmark cases in which such requirements were affirmed, Crawford v. Marion County Election Board, was decided at the Seventh Circuit in an opinion written by Judge Posner in 2007 and upheld by the Supreme Court in 2008.

National: Voter-ID Laws Worry Retired Supreme Court Justice Stevens | Wall Street Journal

Retired Supreme Court Justice John Paul Stevens said he was concerned by the proliferation of state laws tightening voter-identification requirements but believes he ruled correctly in 2008 that an Indiana voter-ID law could stand. Debate over the case was reopened last week when a federal appeals judge in Chicago repudiated his own 2007 opinion upholding the Indiana law. Judge Richard Posner wrote the 2-1 decision of the Seventh U.S. Circuit Court of Appeals that the Supreme Court, by a 6-3 vote, upheld the following year. “I plead guilty to having written the majority opinion (affirmed by the Supreme Court) upholding Indiana’s requirement that prospective voters prove their identity with a photo ID—a type of law now widely regarded as a means of voter suppression rather than of fraud prevention,” Judge Posner writes in his new book, “Reflections on Judging.”

National: The next, next Citizens United | Washington Post

Last week, the U.S. Supreme Court heard oral arguments in McCutcheon v. Federal Election Commission, a case many — including my GovBeat colleague Niraj — have dubbed the next Citizens United. McCutcheon challenges the government-set aggregate limits on how much an individual can contribute to federal candidates. It’s the latest salvo in a coordinated drive by conservative lawyers to undermine campaign finance reforms. And those conservative lawyers aren’t waiting for McCutcheon to be decided before they tee up their next assault — this time on rules against corporations contributing to candidates. Last week, Indiana attorney Jim Bopp Jr., on behalf of the Iowa Right to Life Committee, asked the U.S. Supreme Court to review Iowa’s ban on political contributions by corporations. Bopp says Iowa’s rules, which allow labor unions to give but prohibit corporations from donating to candidates, violates the Fourteenth Amendment’s equal protection guarantee, along with the right to free speech.

National: Judge Who Framed Voter ID Laws As Constitutional Says He Got It Wrong | The Nation

When the United States Court of Appeals for the 7th Circuit in Chicago issued a critical ruling defending the constitutionality of Voter ID laws, Judge Richard Posner authored the decision. The arguments Judge Posner made for upholding Indiana’s Voter ID law framed the some of the key underpinnings for the 2008 decision of the US Supreme Court that, since it was issued, has been employed as a justification for similar initiatives in states across the country. According to the National Conference of State Legislatures, “a total of 34 states have passed voter ID laws of some kind.” Not all of those laws have been implemented, with a number of them facing court challenges. So it should count for something that Judge Posner now says that he was mistaken in his determination. Indeed, the judge’s rethink ought to inspire a national rethink — about not just Voter ID laws but the broader issue of voter rights.

National: Poll: Americans support fine-tuning election policy | USAToday

The capital’s shutdowns and showdowns have tested the patience even of the Senate chaplain. “Save us from the madness,” he prayed at the opening of one session last week. But how, exactly? The roots of the nation’s polarized and sometimes paralyzed politics, decades in the making, are too complex and far-reaching to be easily reversed or resolved. Even so, some political scientists and politicians argue that making simple changes — expanding who can vote in primary elections, for instance, or rethinking how legislative districts are drawn — could make a difference in the kind of government that follows. A nationwide USA TODAY/Bipartisan Policy Center poll finds a majority of Americans support a range of proposals aimed at easing hyper-partisanship and building confidence in elections. Some command the sort of broad bipartisan backing rare in national politics.

National: Judge: my voter ID ruling was wrong | Politico

A federal appeals court judge said Friday that he erred when writing a decision which served as a key precursor to the Supreme Court’s 2008 ruling upholding the constitutionality of Indiana’s voter ID law. In an interview Friday on HuffPostLive, Seventh Circuit Judge Richard Posner said his opinion finding the Indiana law constitutional was mistaken, due to the court not having sufficient information about how the law could be used to prevent or discourage people from voting. “Do you think that the court got this one wrong?” HuffPo’s Mike Sacks asked. “Yes. Absolutely. And the problem is that there hadn’t been that much activity with voter identification,” Posner said. “Maybe we should have been more imaginative….We weren’t really given strong indications that requiring additional voter identification would actually disfranchise people entitled to vote.”

National: States joining forces to scrub voter rolls | Associated Press

More than half of states are now working in broad alliances to scrub voter rolls of millions of questionable registrations, identifying people registered in multiple states and tens of thousands of dead voters who linger on election lists. Poll managers are looking for more states to get involved and say the efforts are necessary because outdated voter registration systems are unable to keep up with a society where people frequently move from one state to another. While many of the registration problems are innocent, some election leaders fear the current disorder within the system is inviting trouble. “It creates an environment where there could be more problems,” said Scott Gessler, the Republican secretary of state in Colorado. “It’s a precursor to potential fraud, there’s no doubt about it.” Half of all states have now joined a consortium anchored by the state of Kansas, compiling their voter registration lists at the end of every year to assess for duplicates. That program has grown rapidly since beginning in 2005 in an agreement between four Midwestern states. Meanwhile, seven states are coordinating on another project that makes those assessments more frequently with advanced algorithms _ while also checking for deceased voters.

National: Supreme Court Again Weighs Spending Limits in Campaigns | New York Times

The Supreme Court on Tuesday seemed prepared to strike down a part of federal campaign finance law left intact by its decision in Citizens United in 2010: overall limits on direct contributions from individuals to candidates. The justices seemed to divide along familiar ideological lines, and they articulated starkly different understandings of the role of money and free speech in American politics. “By having these limits, you are promoting democratic participation,” Justice Ruth Bader Ginsburg said. “Then the little people will count some and you won’t have the super-affluent as the speakers that will control the elections.” Justice Antonin Scalia responded, sarcastically, that he assumed “a law that only prohibits the speech of 2 percent of the country is O.K.” Chief Justice John G. Roberts Jr., who probably holds the crucial vote, indicated that he was inclined to strike down overall limits on contributions to several candidates, but perhaps not separate overall limits on contributions to several political committees.

National: Much Ado About McCutcheon: The Continuing Erosion of Campaign Contribution Limits | Pacific Standard

Shaun McCutcheon wants to make political donations to federal candidates. Allow me to clarify; McCutcheon wants to make a lot of political donations to federal candidates. The Republican National Committee, among others, wants him to be able to do so. So what’s the problem? Currently, McCutcheon can give $2,600 per election directly to a federal candidate, a total of $48,600 per election to all federal candidates, and $74,600 per election to federal political party committees and political action committees, or PACs, that give money to federal candidates. Put another away, McCutcheon (and other individuals) are subject to a $123,200 per election aggregate contribution limit with respect to candidates, political parties, and PACs. McCutcheon, an electrical engineer living in Alabama, would like to change that. The result is the latest and greatest campaign finance question to hit the high court since Citizens United. In the early 1970s, in the wake of the Watergate scandals that lead to the resignation of President Nixon, Congress implemented the nation’s first comprehensive campaign finance law. The law limited how much could be given to and spent by candidates, how much could be spent by independent groups and organizations, required that certain donations and expenditures be disclosed to the public, and created a system of public campaign financing for presidential candidates. The primary reason that McCutcheon’s argument may likely carry the day is that five of the nine justices on the Supreme Court are, to varying degrees, hostile to campaign finance legislation.

National: McCutcheon v. FEC’s Other Threat: Case Could Super-Size Joint Fundraising Committees | Huffington Post

The joint fundraising committee may join the super PAC and the “dark money” nonprofit as the new face of big money in politics if the Supreme Court decides to unravel key contribution limits in an upcoming case. A decision in favor of Shaun McCutcheon, the lead plaintiff in McCutcheon v. Federal Election Commission, to be argued Oct. 8, could vastly increase the joint fundraising committee’s cash-gathering capacity. The justices will decide in McCutcheon whether the aggregate federal campaign contribution limits — $123,200 for a single donor in the 2014 election cycle — place an unconstitutional burden on a donor’s rights to free speech and association. In the absence of the aggregate limit, individual donors could donate to as many candidates, political party committees and political action committees as they saw fit.

National: McCutcheon Super PAC Already Busts Limits | Roll Call

An Alabama businessman whose challenge to campaign contribution limits goes before the Supreme Court on Tuesday has already spent well beyond the current limit through an unrestricted super PAC, public records show. Shaun McCutcheon, a conservative activist who runs an Alabama electrical engineering firm, argues in McCutcheon v. Federal Election Commission that the $123,200 limit on how much he may give to candidates, political action committees and parties per election cycle stifles his free speech and does nothing to curb corruption. But in the 2012 elections, McCutcheon spent close to three times that limit — about $300,000 — supporting his favorite candidates through his personal PAC. McCutcheon set up the Conservative Action Fund PAC in 2010 as “a good way to do political advertising” and “a way to raise money from other donors,” he said. McCutcheon’s ability to spend hundreds of thousands beyond the aggregate contribution limit, even under the current rules, illustrates how wide-open the campaign finance system has already become. The question now is whether the high court will deregulate elections even further.

National: Supreme Court set to consider donor limits | Politico.com

Shaun McCutcheon never thought the case that bears his name would make it this far. But Tuesday, the 46-year-old electrical engineer, conservative activist and donor will watch the Supreme Court hear the case that could erase Watergate-era caps on campaign donations. McCutcheon v. Federal Election Commission, the lawsuit challenging the total amount of money a single donor can give to all federal candidates could have far-reaching implications for the way campaigns and political parties are financed. The court’s 2010 Citizens United decision has entered the vernacular as shorthand for the explosion of money in politics. That case, along with another that allowed the creation of super PACs, led to donors writing multimillion-dollar checks. Because of the way modern campaigns are financed — by candidates partnering with federal, state and local parties — McCutcheon’s lawsuit could have the consequence of allowing politicians to ask a single donor for $1 million a pop, or more. To McCutcheon, the lawsuit is over a fundamental matter of freedom. He argues the government has no right to set overall caps on donations in the first place. To campaign-finance reformers and government watchdogs, it’s a potential nightmare — the latest in a long series of Supreme Court cases that have allowed Big Money to dominate politics.

National: Pivotal campaign finance case on U.S. high court docket | Reuters

The U.S. Supreme Court will this week step into the politically charged debate over campaign finance for the first time since its controversial ruling three years ago paved the way for corporations and unions to spend more on political candidates and causes. The case has the potential to weaken a key element of the federal campaign finance regulations remaining after the 2010 ruling, and it could pave the way for challenges to the restrictions on contributions that remain. Supporters say those laws are key to preventing wealthy donors from exerting an undue and potentially corrupting influence on the political process, while opponents say the laws choke free speech. In the 2010 case, Citizens United v. Federal Election Commission, the high court, split 5-4, lifted limits on independent expenditures, not coordinated with individual politicians or parties, by corporations and unions during federal election campaigns. This time, in a case to be argued on Tuesday, the nine justices will consider a challenge by Republican donor Shaun McCutcheon, an Alabama businessman, and the Republican National Committee to the overall limit on campaign contributions that donors can make to individual candidates and committees over a two-year federal election cycle.

National: Campaign-Money Limits at Risk in New Court Term | Bloomberg

The U.S. Supreme Court term that opens next week gives the Republican-appointed majority a chance to undercut decades-old precedents in clashes over campaign finance, racial discrimination and legislative prayer. While the nine-month term lacks the blockbusters of recent years, it features “an unusually large number of cases in which the decision under review relies on a Supreme Court precedent that may be vulnerable,” said Irv Gornstein, executive director of the Supreme Court Institute at Georgetown University. “This term is deeper in important cases than either of the prior two terms,” Gornstein said. The court’s four Democratic appointees won major rulings in each of the last two terms, upholding President Barack Obama’s health-care law and buttressing gay marriage.

National: Supreme Court case could give wealthy donors more latitude in elections | The Washington Post

The very wealthy could play a much greater role in funding federal candidates and political parties if the Supreme Court rules that a key campaign finance restriction adopted after Watergate is unconstitutional. Under Chief Justice John G. Roberts Jr., the court already has junked a number of election spending limits as improper restrictions on political expression — perhaps most dramatically with its 2010 Citizens United decision, which wiped out the ban on corporate election spending. A bold and broad decision by the court in one of its first cases of the new term, Shaun McCutcheon v. Federal Election Commission, which the justices are to hear Tuesday, could overturn decades of precedent about the remaining power the government has to limit contributions to candidates and parties.

National: The next ‘Citizens United’ is coming your way | Los Angeles Times

On Tuesday, the Supreme Court is scheduled to hear oral arguments in a campaign finance case that could be even bigger than the last one, the infamous Citizens United case of 2010. The new case, McCutcheon vs. FEC, challenges the aggregate spending rules that limit any one campaign contributor to $123,000 in total spending to political candidates and election committees during any two-year federal election cycle. The aggregate limit long has been a check on the flow of cold hard cash into the electoral system. As a three-judge panel of federal district court in Washington, D.C., observed last year, the per-candidate contribution limits in federal law — including $2,500 per election to any given candidate, $30,800 per year to each political party — would allow an individual to spread up to $3.5 million around. That’s a lot of bunce. The $123,000 ceiling effectively limits that donor to backing no more than 18 individual candidates in any cycle, the D.C. court noted.

National: Supreme Court weighs limits on campaign donations | USAToday

Alabama businessman Shaun McCutcheon says he doesn’t want to give gobs of money to a single politician. Instead, he hopes to spread smaller contributions to as many candidates as possible. If he has his way in a case headed to the Supreme Court on Tuesday, however, a single donor could contribute more than $3 million to a political party, its state and federal chapters and all of its federal candidates to shape next year’s midterm elections for Congress, campaign-finance watchdogs warn. His case, McCutcheon v. Federal Election Commission, is the latest round in the bitter national battle over the role of money in American politics and the biggest challenge to campaign-finance rules since the court’s bombshell 2010 Citizens United decision ended restrictions on independent political spending by corporations and unions. The new legal fight targets a cornerstone of election rules: the ability of the government to regulate the amount of money individuals can give to presidential and congressional candidates and political parties.

National: Government Shutdown May Mean No Disclosure Of Campaign Finance Before Special Elections | ThinkProgress

As the government shutdown continues to prevent all “non-essential” federal employees from doing their jobs, the Federal Election Commission’s operations have been particularly hard hit. With all but four of the agency’s employees furloughed until the shutdown’s end, voters in Alabama, Louisiana, Massachusetts, and New Jersey may not have any opportunity to see who is contributing to and running ads in support of the candidates. According to a Center for Public Integrity report, only the four currently-serving FEC Commissioners are considered essential. While parts of the agency’s electronic campaign finance disclosure system are automated, FEC Chairwoman Ellen Weintraub noted that no one will be around to resolve any glitches, computer crashes, or other parts of the disclosure process that require human action. “I don’t know how to personally post the reports — I’m a little out of my league there,” she noted, adding, “The public will have to go without disclosures until we open back up.”

National: Study: Curbing Voting Rights Act could reverse black voters’ gains | Al Jazeera

The Supreme Court’s decision to restrict the Voting Rights Act, the 1965 legislation that prohibits discrimination against voters on the basis of race or color, could harm African-American political representation at the city council level, a new study says. The study found that municipalities with the strongest gains in black political representation were those protected by a provision of the Voting Rights Act that was invalidated by the Supreme Court in June. Some experts say the new study shows that the Court’s decision could reverse the gains that black voters have made as a result of the act, or at least impede further progress. The study, to be published this month in the upcoming issue of The Journal of Politics, is among the first on the act’s effectiveness on black political representation, according to researchers at Rice University, Ohio University and the University of Wisconsin-Milwaukee. Its conclusion is clear: The Voting Rights Act explains much of the electoral success of black candidates in city elections – and those gains could be at risk.

National: Campaign Contributions Go Into the Shadows During Shutdown | National Journal

There are four people working at the Federal Election Commission during the shutdown. There are usually 339. This is the agency that’s meant to shine a light on campaign contributions and expenditures, to let the people know who is paying for the attack ads flooding their television screens as Election Day approaches. Campaign contributions are going into the dark. Campaigns can still file electronically, but if the system breaks, there will be no one around to fix the problem. “And it is possible that technological problems may arise that would prevent filers from filing on time,” FEC’s website states.

National: Mitch McConnell Will Ask Supreme Court To Scrap Campaign Contribution Limits Entirely | Huffington Post

On Oct. 8, Sen. Mitch McConnell (R-Ky.) will argue to the Supreme Court that all campaign contribution limits should be eliminated and that candidates should be able to accept unlimited donations. Although McConnell is not a party in the case of McCutcheon v. Federal Election Commission, the Supreme Court has granted the Senate minority leader time during oral argument to present his views: that campaign contribution limits are an unconstitutional burden on free speech and that the court should give contribution limits a higher level of scrutiny than it has in the past. McConnell will be represented by lawyer Bobby Burchfield. McCutcheon v. FEC challenges the aggregate limit on donations to federal candidates, political parties and political action committees, which bars an individual donor from giving more than $123,200 in total during the 2014 election cycle. McConnell wants to go much further by forcing courts to treat all campaign contribution limits as they treat campaign expenditure limits, which were found to be an unconstitutional burden on First Amendment rights in the 1976 Buckley v. Valeo decision.

National: Justices to Weigh Key Limit on Political Donors | New York Times

The Supreme Court’s Citizens United decision reshaped American politics by striking down limits on independent campaign spending by corporations and unions. But it did nothing to disturb the other main form of campaign finance regulation: caps on individuals’ direct contributions to candidates. Shaun McCutcheon wants to change that. He has built a thriving engineering firm here, and he wants to give some of the money he makes to conservative political candidates. But a federal law limits the overall amount he can contribute to all candidates in an election cycle, and that does not sit right with him. “I think we need to spend more money on politics, not less,” he said. “I think we need to improve it.” The Supreme Court will hear his challenge to the overall limits next Tuesday. Some critics of Citizens United say the new case, McCutcheon v. Federal Election Commission, No. 12-536, has the potential to destroy what is left of federal campaign finance regulation.

National: Government shutdown shrinks FEC to just four employees | Center for Public Integrity

Federal Election Commission Chairwoman Ellen Weintraub isn’t required to stay home today in the midst of a government shutdown. But there’s hardly a point to her visiting the agency’s office at 999 E. St. NW in downtown Washington, D.C. “I’d literally be the one turning the lights on,” said Weintraub, one of just four FEC employees among 339 the government has deemed “essential” during the shutdown. “My entire staff has been furloughed, so working — it’s what I can do on my own, along with my three colleagues on the commission.” And that’s not much. Phone calls to agency workers ring to voicemails, emails go unreturned and audits and enforcement cases and investigations are on ice until further notice. As Tuesday afternoon arrived, the FEC also appeared to stop uploading documents for public consumption, from candidate income and expenditure reports to notifications of political action committee formations.

National: DOJ reloads in battle over voting rights | The Hill

The Obama administration launched a legal challenge Monday to North Carolina’s restrictive new voting law, accusing the state’s legislature of intentionally discriminating against black voters. A Justice Department lawsuit filed in North Carolina federal court is the latest salvo in a heated battle over protections for minority voters and the limits of federal government authority over state election regulations. The action follows a major setback for the administration this summer, when a divided Supreme Court sided against the Justice Department’s challenge of a Texas state law, effectively gutting a major portion of the Voting Rights Act. “The administration promised a decisive response and this is it,” UCLA law professor Adam Winkler said, describing the North Carolina case as “a bold move.” At issue are provisions of a new Tar Heel State statute that would reduce the number of early voting days and require North Carolinians to show photo identification before they are allowed to cast ballots.

National: Campaign finance at the Supreme Court: Is McCutcheon v. FEC the next Citizens United? | Slate

Sometimes at the Supreme Court, it is not if you lose, but how. That principle will be on full display in McCutcheon v. Federal Election Commission, the campaign finance case the Supreme Court will hear next Tuesday, the second day of the new term. If the government loses big, it could mark the beginning of the end of any limits on campaign contributions given directly to candidates in federal, state, and local elections. Citizens United and the rise of super PACs are already flooding the election system with money. But so far we’ve managed to keep a little distance between the money and the candidates themselves. If hard-line conservatives get their way, that distance will evaporate, and soon you could write a multimillion-dollar check that would go right into a candidate’s bank account. The question is whether Chief Justice John Roberts will hold back the conservative majority back from the brink—though if he does, Justice Antonin Scalia will surely taunt him for it.

National: Not ‘essential’: Shutdown would hit FEC hard | Center for Public Integrity

If the federal government shuts down Tuesday, the Federal Election Commission — unlike some government agencies filled with employees deemed “essential” — will effectively go dark. Organizationally, all but the FEC’s four active commissioners, who are furlough-proof political appointees, would ultimately stay home. In all, 335 of the agency’s 339 employees would be affected, according to its 10-page “Commission Plan for Agency Operations in the Absence of the Fiscal Year 2014 Appropriation.” A small number of staff members, such as staff director Alec Palmer, would briefly work into a shutdown to help secure FEC facilities and records and aid with the agency’s wind-down, the plan states. And no one could labor on their own time and dime, as FEC staffers “are prohibited from performing any work functions while on furlough status, even on a voluntary basis,” the agency’s shutdown plan states.

National: Southern States Are Moving to Tighten Voting Rules | Associated Press

Emboldened by the Supreme Court decision that struck down the heart of the Voting Rights Act, a growing number of Republican-led states are moving aggressively to tighten voting rules. Lawsuits by the Obama administration and voting rights activists say those efforts disproportionately affect minorities. At least five Southern states, no longer required to ask Washington’s permission before changing election procedures, are adopting strict voter identification laws or toughening existing requirements. Texas officials are battling the U.S. Justice Department to put in place a voter ID law that a federal court has ruled was discriminatory. In North Carolina, the GOP-controlled Legislature scaled back early voting and ended a pre-registration program for high school students nearing voting age. Nowhere is the debate more heated than in Florida, where the chaotic recount in the disputed 2000 presidential race took place.

National: The next Citizens United could affect campaign spending in the states | Washington Post

In two weeks, the Supreme Court is scheduled to hear oral arguments in what many describe as the next Citizens United and the outcome could have major implications for campaign spending at the state level. What’s at stake in McCutcheon v. Federal Election Commission — for which oral arguments are scheduled on Oct. 8 — is the limit to individual political spending. The federal government sets separate limits for each election cycle on how much an individual can give to candidates, party committees and political action committees. But it also currently limits overall spending to $123,200. It’s that overall limit that the McCutcheon fight is about. Proponents say it prevents corruption; opponents say it limits speech. “When you have somebody writing a one, two or three million dollar check that greatly increases opportunities for corruption,” says Lawrence Norden, a deputy director at the New York University School of Law’s Brennan Center for Justice, which filed a brief in the case supporting the limit. But critics of the aggregate contribution limit say individual limits — such as the $2,600 cap on donations to a federal candidate or candidate committee per election — already provide that protection.

National: The End of Contribution Limits? | Roll Call

Alabama businessman Shaun McCutcheon and his GOP allies insist their Supreme Court challenge to a cap on overall campaign contributions in one election cycle doesn’t dispute the constitutionality of the “base” limit on how much an individual can give to a single candidate in a single election. “This case is not about base limits; they make sense,” said McCutcheon, whose challenge in McCutcheon v. Federal Election Commission is scheduled for oral argument before the Supreme Court on Oct. 8. “The corruption argument on base limits is pretty solid. If you were running for Congress and I gave you $1 million, wouldn’t you owe me?” The Republican National Committee has joined McCutcheon in arguing that the aggregate limits muzzle free speech. Indiana lawyer James Bopp Jr., who is representing the RNC in the case, also stresses: “We’re not challenging base limits in this case.” The case is shaping up as a key test of how far this high court is willing to deregulate the campaign finance system.

National: Senate confirms Obama’s FEC nominees | Politico.com

The Senate on Monday confirmed President Barack Obama’s two nominees to the Federal Election Commission, giving the panel its first new members since the George W. Bush administration. Democrat Ann Ravel and Republican Lee Goodman were approved by unanimous consent in a brief voice vote on the Senate floor. The commission — a six-member panel that regulates political spending on campaigns and elections — has been operating with just five commissioners since the spring when chairwoman Cynthia Bauerly departed for the private sector. Last week, Bauerly’s successor as chair Donald McGahn also left the commission to return to practicing law at Patton Boggs.