FEC dismisses complaint alleging Derrick Van Orden unlawfully used campaign cash to attend Jan. 6 rally before insurrection
WASHINGTON – The Federal Election Commission has dismissed a complaint that alleged GOP congressional candidate Derrick Van Orden unlawfully used campaign funds to pay for a trip to Washington, D.C., where he attended the rally that preceded the attack on the U.S. Capitol — arguing the sum of money in question was too low to pursue.
The commission's six members decided unanimously in July to dismiss the complaint due in part to the "small amount" of money used for the trip. But the commission split along party lines in their reasoning, as Democrats admonished Van Orden for his presence at the Capitol on Jan. 6 and Republicans claimed the expenses were warranted.
Van Orden's campaign spent $4,022.72 on travel expenses for Van Orden and at least two other people, presumed to be former campaign staff, to travel to Washington in early January 2021, according to FEC fillings.
Wisconsin Democrats in a complaint filed last year argued those funds were leftover from the 3rd Congressional District candidate's failed 2020 campaign against U.S. Rep. Ron Kind and used for personal reasons.
But Van Orden told the FEC he traveled to Washington on Jan. 3, 2021, “for a series of political meetings" with House Republicans on Jan. 5 to discuss his "political future." He contended the expenses were justified, the commission said, due to the "the ongoing nature" of his campaign.
Money raised by campaigns may be used only for campaign-related travel expenses, according to federal election laws. On Jan. 6, Van Orden's 2020 campaign was over and he had not yet launched his current campaign.
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The FEC's Republican members, chairman Allen Dickerson and commissioners Sean Cooksey and James Trainor, sided with Van Orden.
In a July filing, the Republican commissioners wrote that "the available information suggested that the majority of the travel expenses paid by (Van Orden's campaign) were made so that Van Orden could attend meetings regarding his potential future candidacy..."
The GOP commissioners called into question only a hotel expense from the evening of Jan. 6 but determined that even if those charges could be considered as personal, "the amount of that payment appears to be at most only a few hundred dollars — a small amount that does not merit the expenditure of further Commission resources to pursue."
The Republican commissioners noted Van Orden filed his statement of candidacy for his current congressional bid prior to the end of the FEC reporting period covering expenses for the Washington trip.
They said "an inference can be drawn that at least one purpose of these meetings was discussion regarding Van Orden running for Congress in 2022."
FEC Democrats provided slightly different reasoning.
In a Thursday filing on the matter, just over a month after the decision to dismiss the complaint was made, Democratic commissioners Shana Broussard and Ellen Weintraub said the decision was due to "the small amount in violation" and chided Van Orden for his rally attendance.
"The fact that the amount of money at issue is quite low, however, does not vitiate the seriousness of the allegations in this matter," Broussard and Weintraub wrote.
"This dismissal should not be construed as a finding that travel as a private citizen to attempt to disrupt the lawful transfer of power, whether through active involvement or passive attendance, is a permissible use of campaign funds."
Broussard and Weintraub said Van Orden's claims about traveling to Washington for meetings "were unsupported by sworn declarations, supporting documentation, or any
specific details."
"Perhaps most troublingly, Respondents contend that even if Van Orden’s sole purpose had been to participate in the 'Save America Rally,' the expenditures would have been permissible, and that the rally was 'akin to any other Party event or committee fundraiser for which campaign funds may freely be used,'" the Democratic commissioners wrote.
"There is so much that is wrong with that statement," Broussard and Weintraub added. "Putting aside that the use of campaign funds to support the passive attendance at an ordinary rally by individuals who were neither candidates nor officeholders would itself be a questionable use of campaign funds, this was no ordinary rally."
In a Jan. 13, 2021, opinion column published in the La Crosse Tribune, a newspaper that covers the third district, Van Orden said he traveled to Washington "for meetings and to stand for the integrity of our electoral system as a citizen and at the behest of my neighbors here in Western Wisconsin."
Van Orden said he attended former President Donald Trump's rally that preceded the insurrection but left when the riot began.
"Two of my friends, both combat veterans, and I stood on the parapet that lines the perimeter of the grounds and watched what should have been an expression of free speech devolve into one of the most tragic incidents in the history of our nation," Van Orden wrote.
"When it became clear that a protest had become a mob, I left the area as to remain there could be construed as tacitly approving this unlawful conduct. At no time did I enter the grounds, let alone the building."
Democrats have alleged Van Orden was closer to the Capitol than he suggested. A report by The Daily Beast cited social media posts showing Van Orden in an area the news outlet characterized as being beyond police barricades.
Van Orden has denied those accusations.
In a Friday statement, Van Orden said the complaint was dismissed "due to its obvious political motivation." He expects "a full retraction from the Daily Beast, the Democratic Party of Wisconsin, and our opponent," he said, referencing Democratic 3rd Congressional District candidate Brad Pfaff.
"The Democrats did this in an effort to distract from their record of ruining the country over the last two years they have had unchecked power," Van Orden said.
"This is the type of weaponization of government that every American should be wary of and every time my opponent rehashes this proven false claim, he is lying directly to you," Van Orden added.
Pfaff in his own statement said Van Orden thinks he's "above the law and above accountability."
"He has consistently lied about his involvement in the Jan. 6 insurrection, despite photographic evidence showing him on Capitol grounds while Republicans and Democrats alike fled for their lives and Capitol police were brutally attacked," Pfaff said.
"And as a candidate, he hides from all accountability. This November, voters are going to choose the candidate who believes in protecting our democracy, not tearing it down, and Derrick knows it."
Contact Lawrence Andrea at landrea@jrn.com. Follow him on Twitter @lawrencegandrea.
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This article originally appeared on Milwaukee Journal Sentinel: FEC dismisses complaint against Van Orden over Jan. 6 Trump rally
