FACTDC: Letter To Senate Select Committee On Ethics

May 1, 2015

Hon. Johnny Isakson, Chairman

Hon. Barbara Boxer, Vice Chairman

U.S. Senate Select Committee on Ethics

220 Hart Building

Washington, DC 20510

Re: Request to Investigate Prohibited Political Activity by Hillary Clinton’s Campaign

Dear Chairman Isakson and Vice Chairman Boxer:

We write today to request that the United States Senate Select Committee on Ethics immediately investigate members of the Senate Democratic Caucus’s apparent breach of ethics rules prohibiting the use of Senate facilities and resources for campaign and political activity. Although the prohibition against using taxpayer-funded Senate resources for political activities is clear, Hillary Clinton’s campaign staff has reportedly used Senate facilities to meet with members of the Senate Democratic Caucus. Not only does it appear that a breach of federal law and Senate Rules has occurred, but this violation may be ongoing. Thus, we request the Committee investigate the reported violation and enforce federal law and its rules prohibiting the use of official Senate facilities and resources for political activities.

According to recent news reports, “Hillary Clinton’s political team made an aggressive move Tuesday to court Senate Democrats, making a special trip to Capitol Hill to update lawmakers on the former secretary of State’s 2016 presidential campaign.” Alexander Bolton and Bernie Becker, Hillary Aides Huddle with Democrats, The Hill, Apr. 21, 2015 at 6:13 pm (attached as Exhibit A); see also Alexander Bolton and Bernie Becker, Hillary Aides Huddle with Democrats, The Hill, April 21, 2015 at 1:46 (stating the meeting occurred in the Capitol) (attached as Exhibit B). Two campaign staff members, John Podesta and Amanda Renteria, met with Senate Democrats at the Capitol and gave a report on Hillary Clinton’s presidential campaign. Id.; Burgess Everett and Seung Min Kim, Hillary Clinton Campaign Presses the Flesh on the Hill, Politico, Apr. 21, 2015 (attached as Exhibit C); AP News, Capitol Hill Buzz: Senate Democrats Discuss 2016 Races, Townhall.com, Apr. 21, 2015 at 6:18 p.m. (attached as Exhibit D). The topics discussed were campaign related—money, message, organization, and strategy—and the purpose of the meeting was described as “plotting our strategy with how to ensure [Hillary Clinton’s] victory.” Bolton and Becker, Hillary Aides Huddle with Democrats. Further, one of the campaign staff members also “has started meeting privately with Democrats on Capitol Hill.” Id.

Federal law and Senate Rules prohibit the use of Senate facilities and resources for campaign and political activities. U.S. Senate Select Comm. on Ethics, An Overview of the Senate Code of Conduct & Related Laws, Mar. 2015 (citing Senate R. 41.1, 31 U.S.C. § 1301(a), 18 U.S.C. § 601-07). The Senate Ethics Manual explains this prohibition is set forth in federal law, which provides “[o]fficial resources may only be used for official purposes.” U.S. Senate Select Comm. on Ethics, Senate Ethics Manual, at 143 (citing 18 U.S.C. § 1301(a)). Further, the United States Supreme Court and Senate have long recognized the distinction between legislative activities and political activities. Senate Ethics Manual, at 140-41 (citing 18 U.S.C. § 1301(a); Buckley v. Valeo, 424 U.S. 1 (1976)). The Senate Ethics Manual fully explains this prohibition applies to all Members and staff and any type of political activities. Senate Ethics Manual, ch. 6. It states the use of federal office “space . . . should not be used to assist campaign organizations” and “[i]t is thus inappropriate to use any official resources to conduct campaign or political activities.” Senate Ethics Manual, at 146, 150, 153. The manual reiterates the prohibition numerous times, stating “rooms are available only for Senate-related business” and “Senate space may NOT be used for any political campaign activity.” Senate Ethics Manual, app. J, at 495-96 (emphasis in original).

The rule is clear: Members cannot use Senate facilities or resources to conduct political activity, whether for their own campaign or the presidential campaign. Unfortunately, it appears Members of the Senate Democratic Caucus violated this rule not just on one occasion, but may expect and intend to continually violate it with no repercussions. The only reasonable explanation for meeting with campaign staff is political in nature, but Members also confirmed this was the case when they described what occurred at the meeting as “plotting our strategy with how to ensure [Hillary Clinton’s] victory.” Further, Hillary Clinton’s campaign staff has begun and plans to continue private meetings, which their prior meeting at the Capitol indicates those future meetings may also use Senate facilities. The taxpayers expect and deserve that Senators will use taxpayer funded resources for Senate business, and abide by the law and rules requiring them to do so. This type of obvious violation without any consequence is precisely what causes public distrust of political officials, and damages the integrity of the Senate as a whole. We therefore respectfully request the Committee investigate the apparent past and possible ongoing violation, and enforce federal law and its own rules.

Respectfully submitted,

Matthew G. Whitaker

Executive Director, Foundation for Accountability & Civic Trust