Jon Marcus v. Eric H. Holder Jr.

I. Factual and Procedural Background

The Complaint alleges that Marcus was subpoenaed to tes- tify before a federal grand jury as part of an investigation into alleged criminal violations of the FECA. Marcus claims that, during such testimony, the defendants attempted to coerce him to reveal constitutionally protected activities such as the identity of candidates for whom he voted in the 2004 presi- dential election. Marcus believes that the Attorney General’s investigation is unlawful because it did not originate through a referral by the FEC. He seeks a declaration that “Defen- dants’ conduct is unlawful, unconstitutional, and contrary to the requirements of the [FECA]” as well as “any other relief authorized under the laws including costs and attorney fees for bringing this action.” MARCUS v. HOLDER 9975 At the district court, Marcus filed a motion for declaratory relief and Defendants filed a motion to dismiss. The court denied the motion for declaratory relief and dismissed the complaint with prejudice. The court relied primarily on our decision in Operating Engineers, in which we held that Con- gress did not impose a limitation on the ability of the…