Judge refuses
to stop investigation
of Harris fund-raising

The mayor's attorney says the
decision actually is a victory

---

By Rick Daysog
rdaysog@starbulletin.com

A federal judge has refused to stop a state Campaign Spending Commission investigation into Honolulu Mayor Jeremy Harris' fund raising for the Democratic National Committee.

In a 27-page order filed yesterday, U.S. District Judge Susan Oki Mollway denied a request by the Harris campaign and the national committee for a preliminary injunction against the commission, saying the issue was moot at this point.

"This is a case in search of a controversy," Mollway said. "Plaintiffs have failed to present a case or controversy to this court."

The lawsuit alleged that the commission violated Harris' First Amendment rights when commission staffers filed a formal complaint against the campaign for raising $100,000 on behalf of the Democratic National Committee two years ago.

The commission's complaint alleged that the Harris campaign failed to report the money it raised on behalf of the national committee and improperly covered campaign officials' travel expenses for mainland meetings with committee officials.

Mollway said the federal court did not have jurisdiction in the case because the five-member commission has not taken action on the commission's formal complaint. The commission will meet on April 17 to discuss the charges.

Mollway did not dismiss the lawsuit and will allow the Harris campaign and the national committee to return to federal court if the commission votes to approve the complaint.

Bob Watada, the commission's executive director, welcomed Mollway's decision, saying the lawsuit is part of campaign to harass the commission and keep it from enforcing state campaign laws.

Chris Parsons, an attorney for the Harris campaign, said he believes that Mollway's decision is favorable to the Harris campaign. He noted that in her order, Mollway said she is not convinced that the mainland travel by Harris campaign officials was improper. Mollway also wrote that she had questions about the commission's charge that the Harris campaign should have reported the money it raised on behalf of the Democratic National Committee.

"This is 90 percent of what we wanted," Parsons said. "The Campaign Spending Commission has overreached, and they have ventured into an area where they have no authority to."