From 1999 to 2002, he practiced election and campaign finance law at Wiley Rein in Washington, D.C.[7]
From 2002 to 2008, Petersen served in senior staff positions in both houses of Congress. From 2002 to 2005, he served as counsel to the United States House Committee on House Administration. During his tenure, he was involved in crafting the Help America Vote Act of 2002 and the House–Senate negotiations that culminated in the bill's ultimate passage.
Petersen was nominated to the Federal Election Commission by President George W. Bush on June 12, 2008, and unanimously confirmed by the United States Senate on June 24, 2008.[10] He served as Chairman in 2010 and 2016.[11][12][13][14] On December 18, 2018, he was elected Vice-Chair.[15] On August 26, 2019, he announced his resignation, effective August 31.[16]
Early in Petersen's tenure, the Supreme Court of the United States held in Citizens United v. FEC that the federal prohibition against corporations and labor unions making independent expenditures in connection with elections violated the free speech clause of the First Amendment.[17] In the aftermath of that landmark opinion, Petersen and his FEC colleagues developed the legal framework that led to the advent of Super PACs and governed political speech by corporations and labor unions.[18][19][20] He also helped draft more robust procedural protections for persons and groups involved in enforcement matters, audits, and advisory opinions.[21][22][23]
As a Commissioner, Petersen advocated for maintaining broad protections for internet political speech. According to Petersen, the "use of the internet as a tool for political engagement has had a democratizing effect[,] … enabl[ing] speakers with few resources to communicate to large audiences, while a seemingly infinite array of [online] resources aid the citizenry in casting informed votes."[24]
During Petersen’s time on the FEC, some campaign finance reform groups criticized FEC Republicans for not being aggressive enough in enforcing campaign spending restrictions.[25] Others praised the Republicans for their commitment to free speech and principled decision making.[26]
On August 26, 2019, Petersen sent a letter to President Donald J. Trump announcing he would be stepping down from the FEC.[27] In his resignation letter, Petersen said, "I have faithfully discharged my duty to enforce the law in a manner that respects free speech rights, while also fairly interpreting the relevant statutes and regulations and providing meaningful notice to those subject to FEC jurisdiction."[28] Petersen's departure from the FEC left the agency with only three commissioners; a minimum of four commissioners is necessary for the FEC to vote on enforcement actions, regulations, and advisory opinions.[29]
Post-FEC
On September 5, 2019, the law firm of Holtzman Vogel Josefiak Torchinsky announced that Petersen would join as a partner.[30] Petersen’s practice focuses on campaign finance, election administration, lobbying compliance, and government ethics.[31] Petersen continues to write about and comment on election law-related issues, including the election administration challenges caused by COVID-19,[32] and serves on the board of the Republican National Lawyers Association.[33]
On September 11, 2017, President Donald Trump nominated Petersen to serve as a United States District Judge of the United States District Court for the District of Columbia.[35] The American Bar Association's Standing Committee on the Federal Judiciary subsequently unanimously rated Petersen as "Qualified".[36] On December 13, 2017, during his confirmation hearing before the Senate Judiciary Committee that subsequently went viral,[37] Senator John Neely Kennedy questioned Petersen first about his relative inexperience in courtrooms and depositions and then about his knowledge of legal procedure,[38] asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He struggled to answer.[39][40]
In response to the questions on his experience and knowledge, he said:
My background is not in litigation...And I understand, and I appreciate this line of questioning. I understand the challenge that would be ahead of me if I were fortunate enough to become a district court judge. I understand that the path that many successful district court judges have taken has been a different one than I have taken. But as I mentioned in my earlier answer, I believe that the path that I have taken to be one who’s been in a decision-making role in somewhere between 1,500 and 2,000 enforcement matters, overseen I don’t know how many cases in federal court the administration has been a party to during my time."[37]
Petersen's answers received criticism in the press and from lawmakers. The New York Times described it as one of the "more painful Senate hearings in recent memory".[39] Senator Sheldon Whitehouse (D-RI) complained that, of the "basic questions of law" Senator Kennedy asked, Petersen could not "answer a single one".[41] Legal scholar Alicia Bannon blamed Petersen's answers on "a lack of preparation and basic understanding of pretty basic legal concepts".[39]
Carrie Campbell Severino of National Review defended Petersen, saying that his time at the FEC gave him experience in trial-like procedures.[42] Matthew Sanderson of The Hill argued that Kennedy's concerns were largely irrelevant to the D.C. District, and criticized Kennedy as "bellitl[ing]" Petersen.[43]
^"Following his graduation from the University of Virginia School of Law, Petersen worked at Wiley Rein LLP for several years, which is renowned for its regulatory practice." Carrie Severino (December 16, 2017) On the Nomination of Matthew Petersen, NationalReview.com, accessed July 04, 2018
^Severino, 2017: "Petersen left Wiley Rein in 2002 to work on Capitol Hill, serving first as Counsel to the U.S. House of Representatives Committee on House Administration and then as Chief Counsel to the U.S. Senate Committee on Rules and Administration, one of the most consequential committees in that body."
^"Matthew Petersen". HoltzmanVogelJosefiakTorchinsky. January 14, 2021. Retrieved March 10, 2021.
