Senate Must Review Thousands of Missing Emails between EPA Nominee Scott Pruitt and Fossil Fuel Industry before Confirmation Vote

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WASHINGTON – A state judge in Oklahoma ordered the release of thousands of illegally withheld records pertaining to Pruitt’s ties to fossil fuel interests. The records will not be available until Tuesday, after the Senate is scheduled to vote on Pruitt’s nomination to be EPA Administrator later today.

In light of this new information, the Campaign Legal Center (CLC) calls on the Senate to delay the vote. The emails are important to determine the extent of Pruitt’s conflicts of interest with oil and gas companies. He initiated or filed briefs in at least 26 lawsuits against the EPA, nine of which are ongoing.

“In the interest of transparency, the public has a right to know the extent of Pruitt’s conflicts of interest,” said Larry Noble, general counsel of the Campaign Legal Center. “These emails will help determine if Pruitt can impartially rule as Administrator on lawsuits he brought as Attorney General of Oklahoma. The withheld emails may shine additional light on ethical conflicts facing Pruitt and his role in the lawsuits against the agency he now seeks to lead. The Senate should have a chance to review these emails before confirming him to assess whether Pruitt can be an impartial EPA Administrator in suits that he spearheaded.”

In January, CLC filed a letter calling on Pruitt to recuse himself from the multiple lawsuits he brought against the agency as Attorney General of Oklahoma due to the serious conflicts of interest posed by playing both sides of a legal case.

Read our letter

Issues

Public Deserves to Know if Judge Gorsuch Had a Role in DOJ Firing Scandal

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WASHINGTON – Today, the Campaign Legal Center (CLC) submitted a Freedom of Information Act Request (FOIA) for documents containing communications to and from Supreme Court Nominee Neil Gorsuch during his tenure at the Department of Justice when several attorneys were improperly fired due to political reasons, which threatened the independence of the agency. Reports make clear that the George W. Bush administration’s undue pressure on U.S. attorneys to find and prosecute voter fraud had a role in the firings.

Gorsuch served as Principal Deputy Associate Attorney General from July 2005 to June 2006, and had oversight over civil litigation issues, including civil rights.

“Judge Gorsuch should be held to the highest standard as the nominee for the high court,” said Danielle Lang, deputy director of voting rights at the Campaign Legal Center. “Maintaining an independent judiciary has never been more important. It’s the public’s right to scrutinize Gorsuch’s record, particularly since he held a high-ranking position at DOJ with authority in its civil rights division – at a time when his colleagues were engaged in politically motivated activities that compromised the independence of the DOJ. As the Trump administration signals its plans to embark on part two of the voter fraud witch hunt, we must know whether Judge Gorsuch had a role in part one.”

The Bush DOJ found “virtually no evidence” of organized voter fraud despite a five-year effort to “crackdown” on the alleged problem.

CLC has requested expedited processing due to the urgent need for information prior to Judge Gorsuch’s nomination hearing and the public’s interest in disclosure. Under the regular timeline, DOJ is required to respond within 20 working days.

Read our FOIA request

HCRC v. DOJ

At a Glance

CLC joined a coalition of human rights organizations to file a brief as amici curiae in support of cert with the Supreme Court.

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Closed
Updated
Plaintiffs

Habeas Corpus Resource Center

Defendant

United States Department of Justice

Larry Noble Statement on Clear Ethics Violation by White House Counselor Kellyanne Conway

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WASHINGTON – Thursday morning, Kellyanne Conway, in an interview in the White House and in her official public role as White House Counselor, went on TV to tell the American people to “go buy Ivanka’s stuff.” By encouraging the audience to buy products sold by Ivanka Trump, the adult daughter of President Donald Trump, appears to have violated the ban on federal employees using their public office to endorse products, and an investigation is needed to determine the seriousness of the violation and what action should be taken.  Violations of this rule can result in disciplinary action such as reprimand, suspension, demotion or dismissal.

“This ethics violation is clear,” said Larry Noble, general counsel of the Campaign Legal Center. “It’s a total misuse of taxpayer funds and her federal office to have the White House Counselor going on television to ‘give a free commercial’ – in her own words – and encourage people to buy Trump-affiliated products. When you decide to work in government, you are promising the American people that you are there to serve the public. Conway broke that promise.” Now, apparently in response to the public’s reaction, the White House said that Ms. Conway had been “counseled” about her actions, but refused to elaborate on what that meant.  “This is not an acceptable resolution of the matter,” Noble said. “The public has a right to know what action has been taken and what she was told.”

Given the failure of the White House to take forceful action, Noble added, the Office of Government Ethics (OGE) should take action to see that the law designed to ensure the proper use of government resources and separate government policy decisions from private dealings is enforced. Ultimately, the Department of Justice (DOJ) or Office of Inspector General (OIG) could be called upon to take action. However, with Jeff Sessions at the helm of the DOJ, it’s unclear whether there is a reliable enforcement mechanism that exists in the government with its myriad conflicts.

Still, there are avenues available to address this problem. For example, the Chairman and Ranking Member or the House Oversight and Government Reform Committee sent a letter Thursday asking the OGE to investigate the matter and recommend disciplinary action against Conway.

“However, we have to recognize,” Noble said, “that Kellyanne Conway is just the tip of the iceberg. This administration has shown a dangerous disregard for the ethics laws and norms that are necessary for the people to have faith in their democracy. It is time for Congress to investigate the broader issues related to the real and apparent conflicts of interest that are resulting from President Trump's continued involvement with his and his family’s businesses.”

Issues

Gerry Hebert Statement on Jeff Sessions Attorney General Confirmation

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Today, Gerry Hebert, director of voting rights and redistricting at the Campaign Legal Center, released the following statement on the confirmation of Jeff Sessions as attorney general of the United States: 

“The U.S. Senate has failed us today,” said Gerry Hebert, director of voting rights and redistricting at the Campaign Legal Center. “The confirmation of Jeff Sessions as attorney general is a direct threat to voting and civil rights. Sessions has perpetuated the myth of massive voter fraud, claims that undermine our democratic institutions. That he will oversee President Trump’s call for plans to ‘investigate’ non-existent voter fraud is surely an effort to prevent minorities from participating in future elections and to purge them from the voting rolls. Unfortunately, even though Sessions has prosecuted black citizens on phony charges of voter fraud in the past, the Senate failed to question Sessions on the role he has played, or the role he plans to play, in Trump’s voting rights witch hunt.”

“It’s clear that during this new era at the U.S. Department of Justice, we will have to be vigilant, especially those of us who used to work there and treasure it as a place where justice is done. Civil rights litigators and advocates will now have to bear the burden of fighting for justice, because a Justice Department headed by Jeff Sessions can no longer be relied upon to enforce and protect our civil rights.”

On Jan. 9, Mr. Hebert submitted written testimony to the Senate Judiciary Committee about racial insensitivity he personally witnessed by Sessions, and later submitted supplemental testimony to respond to inaccuracies about his testimony by Senator Cruz and Senator Sessions himself. The testimony flagged inaccuracies in Sessions’ questionnaire, in which Sessions falsely claimed he litigated four civil rights cases in Alabama, apparently in an effort to bolster his non-existent record of voting rights enforcement.

Independence Institute v. FEC

At a Glance

On September 2, 2014, Independence Institute filed suit against the FEC, challenging the federal electioneering communications disclosure provisions enacted by the Bipartisan Campaign Reform Act (BCRA).

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About This Case/Action

Summary

Independence Institute v. Federal Election Commission (2016) is part of a long-running challenge to the federal electioneering disclosure provisions passed as part of the McCain-Feingold Act, also known as the Bipartisan Campaign Reform Act (BCRA).

On Nov. 3, 2016, the three-judge district court rejected the challenge brought by the Colorado-based nonprofit Independence Institute, finding that the First Amendment does not protect groups from complying with federal disclosure laws just because their candidate-focused ads don’t include an outright endorsement. This upheld the federal communications disclosure provisions.

The constitutional challenge was upheld by the Supreme Court on direct appeal on Feb. 27, 2017.

Background

The BCRA disclosure provisions were designed to capture a wider array of advertisements than those that “expressly advocate” the election or defeat of a candidate—encompassing all ads that have the intended effect of a campaign ad due to their content and proximity to an election. Specifically, BCRA requires disclosure from any group that spends more than $10,000 on “electioneering communications”—defined as any television or radio ad that mentions the name of a federal candidate within 60 days of a general or 30 days of a primary election.

The disclosure requirement was upheld in a challenge in McConnell v. FEC (2003) and again in Citizens United v. FEC (2010).

The Center for Competitive Politics (CCP), counsel to Independence Institute, has appealed the decision to the U.S. Supreme Court.  Because the case is on direct appeal, the Supreme Court has to issue a decision on their appeal, although it could be as simple as a summary affirmance of Judge Millet’s opinion. Opponents of disclosure like CCP believe that disclosure should extend no further than “express advocacy” or its equivalent despite multiple Supreme Court decisions rejecting this exact position.

What’s at Stake?

As Judge Patricia Millett recognized in her opinion on Nov. 3, 2016, the electorate has an interest in knowing who is spending large sums of money to air ads about candidates shortly before an election, and having that information "will allow voters to evaluate the message more critically and to more fairly determine the weight it should carry in their electoral judgments." This interpretation is consistent with the majority opinion in Citizens United, where eight out of nine justices favored disclosure.

Plaintiffs

Independence Institute

Defendant

FEC