Anne Weissenborn FEDERAL. ELECTION COMMISSION Washington, D.C

&nice L. Rchbeg

DDEC'~DUU; (40s) 255-7239 FAX (4%) 252-5292 E-MAIL: jrebberg&rowkyIav.com

September 2,1997

Anne Weissenborn FEDERAL. ELECTION COMMISSION Washington, D.C. 20463 p7 f:L; RE: MUR4378 Dear Ms. Weissenborn:

Enclosed are Amended Discovery Responses filed on behalf of Dennis Rehberg and Lorna Kuney.

Several word processing errors were found in the. original documents when they were signed by Ms Kuney and Mr. Rehberg. I did not have access to a printer to reprint the pages at that time so, I marked the corrections on the documents sent out on the August 29. Upon my remto the office 1 entered the corrections and reprinted the responses. Consequently, the enclosed responses are substantively the me,but contain grammatical corrections.

I apologize for the confusion. If you have any questions, please feel free to call.

Very truly yours, CROWLEY, HAUGHEY, HANSON, TOOF & DIETRICH P.L.L.P.

LReb Enclosures JANICE L . REHSERG CROWLEY, EIAUGWEY, HANSON, TOOLE & DIETRICH P.L.L.P. 500 TRANSWESTERN PLAZA I1 490 NORTH 31ST STREET P. 0. BOX 2529 BILLINGS, wr 59103-2529 TELEPHONE: (406) 252-3441 ATTORNEYS FOR DENNIS R. REHBERG and MONTANANS FOR REHBERG

BEFORE TKE FEDERAL ELECTXON COMMISSION

In The Matter of

AF4XNDEa) RESPONSE TO ORDER TO SUBMIT WRITTEN JWSWSRS AND SUBPOENA TO PRODUCE COCWMEEJTS

Lorna K. Kuney, Treasurer for Montanans for Rehberg

II (hereinafter referred to as "the witness") hereby submits the following responses to the ORDER TO SUBMIT WRITTEN ANSWERS and SUBPOENA TO PRODUCE DOCUMENTS Mr. Rehberg is making further inquiries regarding the interrogatories and requests for production and the responses

2: will be supplemented if additional information or documents

2: are discovered.

2: GENERAL OB3ECTXONS

21 1. The witness objects generally to any request for

2! information relating to the period of time prior to June 1995.

21 Mr. Rehberg was not an announced candidate prior to that time and not subject to FEC regulatory authority. Any

communication Mr. Rehberg may have had prior to June 1995 was r as a private citizen and could not have been related to a non- existent campaign. 2. The witness objects to the scope of the order and subpoena as being overly broad and burdensome, and unreasonably cumulative or duplicative and not calculated to lead to the discovery of admissible evidence. In addition, 1( a.e the requests in some instances seek information which the FEC 1: has ample opportunity to obtain through discovery or which it p 1: fJ+ currently has in its own possession. 1: Specifically, the witness objects to any request to 14 provide information loknown to exist" but outside the custody 1' and control of the witness. The witness also objects to the 16 issuance of duplicate sets of discovery requests to Dennis R. 1' Rehberg and Montanans for Rehberg, Lorna Kuney, Treasurer 11 (hereinafter referred to as "the committee"). The information responsive to both sets is nearly identical given the 2( instructional and definitional language. Objection is also 2: made to the request for computerized information as 2: unreasonably burdensome and duplicative. Furthermore, neither 2: Mr. Rehberg nor the committee have possession or control of or 2' access to the computerized information in the possession of

2 1 outside consultants, volunteers, or persons no longer in the 2 committee's employ. The request to provide information with 3 respect to volunteers is unduly burdensome in that neither the 4 candidate nor the committee can identify let alone contact 5 each and every volunteer to make inquiry regarding possible 6 meetings or communications with the National Republican Senatorial Committee (hereinafter referred to as "NRSC"). Similarly, inquiries into every communication with the NRSC and inquiries relating to fundraising events are overly -+ 10 Lf burdensome and go far beyond the scope Qf inquiry. Neither E 11 Mr. Rehberg nor the committee had any contact with the NRSC D 12 p.. concerning the NRSC issue advertising prior to the 13 advertisements being aired. Any other inquiries are 14 irrelevant, not calculated to lead to the discovery of 15 admissible evidence, and overly burdensome. In addition, 16 except for voluntary financial contributions, disclosure of a 17 private citizens' volunteer activities would appear to ia infringe upon their right to privacy, a constitutionally 15 protected right in Montana, their right to associate and their 2c right of free speech. Further, neither Mr. Rehberg or the 21 committee have any knowledge of who serves as a volunteer for 22 the NRSC nor any access to information regarding internal 23 working assignments of the NRSC. 24

2E 2€

3 1 The witness objects to the requests on further grounds 2 that the requests are not reasonably calculated to lead to the 3 discovery of admissible evidence. It is the witness's 4 understanding that the conplaint in this action alleges that -C advertising produced and placed by the NRSC prior to the June E 1996 Montana primary constituted coordinated advocacy 7 advertising. Prior to the June Primary, Mr. Rehberg was one 8 of three Republican candidate8 for nomination as the s Republican candidate for the position of U. S. Senator. 1c Consequently, any advertising not specifically endorsing Mr. 11 Rehberg could not constitute advocacy advertising on his 12 behalf. In addition, the NRSC advertising was issue oriented 12 and did not advocate the election or defeat of any candidate 14 and is protected by the First Amendment. 16 3. The witness further objects to the discovery It requests to the extent they seek material subject to attorney 17 client privilege, attorney work product or otherwise refer to 1E materials prepared in anticipation of litigation. 15 ANSWERS TO INTERROGATORSES 2c ~~~~~T~~YNO. 1: Identify by meeting all persons 21 employed by, or serving as officers and/or volunteers with, 22 Montanans for RehSsrg who attended meetings with 2: representatives of the National Republican Senatorial 24 Committee ("the NRSC") in Washington, DC or elsewhere in 1995 2E

4 L and 1996 prior to the nomination of Dennis R. Rehberg to the 2 Office of U. S. Senator from the State of Montana, including 3 but not Limited to, meetings held in July, 1995 and on May I, 4 1996. 5 &N§WER: See General Objections Nos. 1,2 and above. 6 Without waiving such objections, the witness states that 7 Montanans for Rehberg had no employees until January 2, 1996. 8 To the best of the witness's knowledge and belief, campaign 9 manager Mike Pieper accompanied Mr. Rehberg to the NRSC in May 10 of 1996. Mr. Pieper is currently the Administrative Assistant 11 to congressman Rick Hill and may be reached at (202) 225-3211. 12 Mr. Pieper and other members of the Rehberg staff, Steve 13 McCarter, Elizabeth Bonforte and Stan UZlman, had contact with 14 members of the NRSC Field staff in Montana. 15 SHTERXOEBTORY NO. 2: Identify by meeting all persons 16 employed by, or serving as officers and/or volunteers with, 17 the PSRSC who attended meetings with Dennis R. Rehberg and/or 18 other representatives of Montanans for Rehberg in 'Washington, 19 DC or elsewhere in 1995 and 19536. prior to the nomination of 20 Dennis R. Rehberg to the Office of U. S. Senator from the 21 State of Montana, including, but not limited to, meetings held 22 in July, 1995 and on May 1, 1996. 23 ANSWER: See General objections Nos. 1,2 and 3 above. 24 Without waiving the stated objections, the witnew believes 25

5 the first introductory meeting with NRSC representatives took place in July of 1995. Mr. and Mrs. Rehberg were accompanied by their consultant Tony Payton. The following NRSC staff r members were scheduled to attend: We3 Anderson, (MT Rep, Coalitions Director) Ed Rahall (Tac Director) ,. pe Gordon Hensley (Communications) E John Barnhardt (Political Services Director) Greg Striple (Polling) Prscilla Russo (Financial. Services) NRSC staff also had contact with Mr. Rehberg during visits to Washington D.C. in October of 1995, and in March and May of 1996. NIiSC representatives may also have had contact with Tony Payton and possibly Geoff Ziebart, consultants, during the October visit and with Mike Pieper, campaign manager in May. Mr. Rehberg attempted to schedule a courtesy visit with Director John Beubusch and Political Director JoAnne Barnhardt on each of his visits and met with Senator

1' D'Amato on at least one occasion prior to the primary, probably in July of 1995. In addition to the people listed above, he recalls meeting the head of the research department, and Nancy Ives of the communications department. Mr. Rehberg

2: may have conversed with other staff members while at the NRSC 2: offices in Washington D.C,, but cannot recall any specific

2: names at this time. He recalls meeting with Wes Anderson, Phil Griffin-Regional Field Rep, Shida Harrington-Field Finance Rep and two PJRSC research assistants in Montana prior

G to the primary. Mr. Rehberg believes that JoAnne Barnhardt met with Ladonna Lee, Campaign consultant on at least one occasion in or about October of 1995. Members of the NRSC 4 also had contact with Ashley Jordan, an employee of the Eddie t F= Mahe Company in Washington D.C. and Montana. During the v f relevant time periods, it is believed that Ms. Jordan attended steering committee meetings at which JoAnne Barnhardt wa5 present and met with NRSC Field staff people in Montana. Other contacts with Ms. Jordan were either by telephone or brief conversations. Jol4nne Barnhardt attended various PAC Steering committee meetings which were held at the NRSC offices. Other NaSC staff may have attended, but the witness has no specific recollection of who were present. If the staff members identified above are no longer employed by the NRSC, Mr. Rehberg does not know where they can be reached.

-: -: Identify all persons employed by, or serving as officers and/or volunteers with, Montanans for Rehberg who engaged in telephone and/or written contacts 2( with representatives of the NRSC in 1995 and 1996, prior to 2: the nomination of Dennis R. Rehberg to the Office of U. S. 2: Senator from the State of Montana. Identify the 2: representatives of the NRSC with whom these contacts were 2g made. 2! ,? ANWEX: See General Qbjections 1,2 and 3 above. Without waiving the foregoing objections, the witness has knowledge that the SalLowing employees of Montanans for Rehberg had contact with members of the NRSC staff;

Steve McCarter, Press Manager - pre-primary conversations with members of the research and communications departments of the mSC. Elizabeth Bonforte, Assistant Campaign Manager - pre- primary contacts with EJRSC research staff. Stan Ullman, Finance Director - may have had pre-primary contacts with Shiela Harrington or other members of the NRSC 1 finance staff.

1 Mike Pieper, Campaign Manager - probably had pre-primary contacts with most of the individuals identified above and a those identified in the answer to Interrogatory No. 2. 3. Barbara Effing, Data input - possibly had pre-primary contacts with Aloysuis Hogan regarding FEC reporting. 1

1 INTgRaoEAToRY NO. 4: Identify all persons employed by,

1 or serving as officers and/or volunteers with, the NRSC who 1 were invalved in arrangements for a fundraising event held by 1 or for Montanans for Rehberg at the Ronald Reagan Republican

1 Center in Washington, DC on May 1, 1996. 2 : See General Objections 1 and 2 above. Without 2 waiving the foregoing objections, the witness has no direct 2 knowledge of who at the %FISC assisted in the arrangements for 2 the May 1996 fundraising event. It would be reasonable to 2 assume that Ed Rahall and Priscilla Russo and members of the 2 communications staff assisted. 2

8 ~~~~O~~OR~NQ.4: Identify all persons representing Montanans for Rehberg who were involved in planning and carrying out fundraising eventa for the committee in Washington, DC, including the events held on October 14, 1995 and March 21, 1996.

~~~~~ See General Objections 1 and 2 above. Without waiving the foregoing objections, the witness believes the following representatives of Montanans for Rehberg assisted with the October 1995 and March 21, 1996 events; The Eddie Mahe Company 900 ZUd St. NE., Suite 200 Washington, D.C. 20002 202/842-4100

1 Richardson Ziebart Consulting, L.L.C. 901 N. Stuart Street, Suite 750 1' Arlington, VA. 22203 703/522-2628 1 Elizabeth Bonforte 1 (former Asst. Campaign Manger) currently with: 1 The Townsend Group 1510 Woodbine Street Alexandria, VA 22302 703/671-2393

REODEST FOR PRODUCTXBN NO. 1: Produce all documents that in any way relate or refer to the production and placement by 2 the WRSC of advertisements on radio and television stations in 2 the State of Montana during the months of April and May, 1996, 2

9 including, but not limited to, advertisements with scripts

designated "Pay, Taxes" (Baucus) and t'1974-Baucus.I' Documents produced should include, but not be limited to, electronic transfers, bank checks, radio and television order forms, purchase orders, invoices, contracts, telecommunication transmittal sheets, memos, telephone messages, telephone logs, electronic mail messages, notes, correspondence and memoranda. BEIPOMSE : See General objection Nos. 1'2 and 3 above. Without waiving such objections, neither the witness 1 or any representative of the Rehberg campaign has any 1 documents relating or referring to the production and 1 placement of the NRSC advertisements because no one 1 participated in the production or placement of such 1 advertising. 1 REQUEST FOR PRODUCTION NQ. 2: Produce all documents that 1 in any way contain, or refer or relate to, any and all 1 communications and meetings in 1995 and 1996 between any 1 officer, employee or consultant of the NRSC and Dennis R. 1 Rehberg, and/or between any officer employee or consultant of 2 the NRSC and any officer, employee, consultant or volunteer of 2 the Montanans for Rehberg Committee, including meetings 2 between NRSC representatives and Dennis R. Rehberg held in 2 Washington, DC in July, 1995, and on May 1, 1996. 2

i -RESBQNSE: See General objections 1, 2, and 3 above. i Without waiving such objection, see documents attached to Responses of Dennis R. Rehberg. Enquiry is continuing and this response will be supplemented if additional material responses to the request are discovered. 2:RE Produce all documents that in any way contain, or refer or relate to, fundraising events

held by Montanans for Rehberg in Washington, DC on October 14, 1995 and March 21, 1996, the latter at the Ronald Reagan Republican Center, 425 Second Street, NE. RESPONSE: See General objection No. 1, 2, and 3 above. Without waiving such objection, the witness states that no 1: I fundraising event was held in Washington, D.C. on October 14, i 16 I 1995. In addition, ses materials attached to responses of 11 Dennis R. Rehberg. It REQUEST FOR PRODUCTION No. 4: Produce all calendars, 1' appointment books, daily logs or diaries kept in 1995 and 1996 It i by or for all persons identified in answers to the 15 1 Interrogatories Nos. I and 3. i 2t ~~~0~~~:See General objections Nos. 1, 2, and 3 2: above. Without waiving such objections, see documents i~ 2: attached to response of Dennis R. Rehberg. If additional. 2: 1 materials are obtained by the witness, relevant portions will 21 I be provided to the committee. i 21 2(

11 J Dated this 0day of September, 1997. CROWLEY , WLUEIIEY , X~ZINSON, TOOLE & DIETRICH P.L.L.P.

Box 2529 Bpiikngs , HT 59103-2529 Attorneys for Plaintiff

I, Janice L. Rehberg, one of the attorneys for the law

firm of Crowley, Haughey, Banson, Toole & Dietrich P.L.L.P., hereby certify that on the= 1 day of September, 199?, I mailed a true and correct copy of the foregoing document, postage prepaid, to the following: Anne Weissenborn FEDERAL, ELECTION COMMISSION Washington, D.C. 20463

-, Bne;Qlxr" -, pools C D~taucn P.L.L.P. 12 -6 AT laa 3 VERPPPCATPON

2 I, Lorna Kundy, have read the foregoing Response to Order 3 Answers Documents 4 to Submit Written Subpoena to Produce and the

5 responses therein are true the best of my knowledge and belief.

8 ..

9 STATE QF MONTANA 1 1c :5s COUNTY OF LEWIS h CN1 I3

12 ay of ~x.,iyd, 1997, before me 13 a Natary Public in and for said state, 94 personally appeared LORNA KUNEY, known to nke to be the person 35 who executed the within VERIFICA"P1ON and acknowledged to me 16 that he executed the same for the purposes therein stated. 17 WITNESS my hand and official seal. 18

23 My @om15810 22

2c 1 JANICE L. REHBERG CROWLEY , HAUGHEY , HA%ISOIJ, 2 TOOLE ti DIETRZCH P.L.L.P. SO0 TWS&rlESTERN PLAZA I1 3 49Q NORTH 31- STREET P. 0. BOX 2529 4 BILLINGS, MT 59103-2529 TELEPHONE : (40 6 1 2 52 - 344 1 5 ATTORNEYS FOR DENNIS R. REHBERG and g- 6 MOEaTANANS FOR REKBERG

cr 7

[ :- 8 E b..- b..- 9 In The Matter of &. 10 IE' e 11 ***. 12 9 13 14 15 Eennis R. Rehlserg (hereinafter referred to as "the 16 witness" ox "Mr. Reknberg") hereby submits the following 17 responses to the SUBPOENA TO PRODUCE DOCUMENTS and ORDER TO

18 SUBMIT WRITTEN ANSWERS.

19 Mr. Rehloerg is making further inquiries regarding the 20 interrogatories and requests for production and will 21 supplement his responses if additional information or 22 documents are discovered. 23 0B;WCTIONS 24 1. The witness objects generally to any request for 25 information relating to the period of time prior to June 1995. 26 Mr. Rehberg was not an announced candidate prior to that time and not subject to FEC regulatory authority. Any communication Mr. Rehberg may have had prior to June 1995 was as a private citizen and could not have been related to a non- e existent campaign. d‘ I A 2. The witness objects to the scope of the order and It L. subpoena as being overly broad and burdensome, and unreasonably cumulative or duplicative and not calculated to P p lead to the discovery of admissible evidence. In addition, 1’ 2 the requests in some instances seek information which the FEC e 1 has ample opportunity to obtain through discovery or which it currently has in its own possession. Specifically, the witness objects to any sequest to provide information “known to exist” but outaide the custody and control of the witness. The witness also objects to the 1 issuance of duplicate sets of discovery requests to Dennis R. 1 Rehberg and Montanans for Rehberg, Lorna Kuney, Treasurer 1 (hereinafter referred to as “the committee“). The information 1 responsive to both sets is nearly identical given the 2 instructional and definitional language. Objection is also 2 made to the request for computerized information as 2 unreasonably burdensome and duplicative. Furthermore, neither 2 Mr. Rehberg nor the committee have possession or control of or 2 access to the computerized information in the possession of 2 outside consultants, volunteers, or persons no longer in the 2

AlrjSWERS AND RESPONSES TO MTERROGATOMES AND REQUEST FOR PRODUCTION Page 2 committee's employ. The request to provide information with respect to volunteers is unduly burdensome in that neither the candidate nor the committee can identiEy let alone contact: each and every volunteer to make inquiry regarding possible meetings or communications with the National Republican

Senatorial Committee (hereinafter referred to as sNRSC") . Similarly, inquiries into every communication with the NFCX and inquiries relating to fundraising events are overly burdensome and go far beyond the scope of inquiry. Neither Mr. Rebherg nor the committee had any contact with the MtSC concerning the NRSC issue advertising prior to the advertisements being aired. Any other inquiries are irrelevant, not calculated to lead to the discovery of admissible evidence, and overly burdensome. In addition, except €or voluntary financial contributions, disclosure of a private citizens' volunteer activities would appear to infringe upon their right to privacy, a constitutionally protected right in Montana, their right to associate and their right of free speech. Further, neither Mr. Rehberg or the committee have any knowledge of who serve5 as a volunteer for the NRSC nor any access to information regarding internal working assignments of the NRSC. The witness objects to the xequests on further grounds that the requests are not reasonably calculated to lead to the discovery of admissible evidence. It is the witness's

ANSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTiON Page 3 understanding that the complaint in this action alleges that advertising produced and placed by the NRSC prior to the June

I996 Montana primary constituted coordinated advocacy advertising. Prior to the June Primary, ~r.Ftehberg was one of three Repuhlican candidates for nomination as the Republican candidate for the position of U. S. Senator. Consequently, any advertising not specifically endorsing Mr. Rskberg could not constitute advocacy advertising on his behalf. In addition, the NRSC advertising was issue oriented 1 and did not advocate the election or defeat of any candidate I and is protected by the First Amendment. I 3. The witness further objects to the discovery 1 requests to the extent they seek material subject to attorney 1 client privilege, attorney work product or otherwise refer to I materials prepared in anticipation of litigation. 1 ANSWJZRS TO INTERROGATORIES 1 INTERROGATORY NO. 1: Identify by meeting all persons 1 employed by, or serving as officers and/or volunteers with, 1 Montanans for Rehberg who attended meetings with 2 representatives of the National Republican Senatorial 2 Committee (IttheNRSCal) in Washington, DC or elsewhere in 1995 " 1 and 1996 prior to the nomination of Dennis R. Rehberg to the L 1 Office of U. S. Senator from the State of Montana, including c 1 but not limited to, meetings held in July, 1995 and on May 1, r 1 1996.

ANSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION Page 4 1 ANSWER: See General Objections Nos. 1,2 and above. 2 Without waiving such objections, the witness states that 3 Montanans for Rehberg had no employees until January 2, 1996. 4 To the best of the witness's knowledge and belief, campaign 5 manager Mike Pieper accompanied Mr. Rehberg to the MRSC in Way 6 of 1996. Mr. Pieper is currently the Administrative Assistant 7 to congressman Rick Hill and may be reached at (202) 225-3211. 8 Mr. Pieper and other members of the Rehberg staff, Steve 8 McCarter, Elizabeth Bonforte and Stan Ullman, had contact with 10 members of the NRSC Field staff in Montana. II IEITERRWATORY NO. 2: Identify by meeting all persons I2 employed by, or serving as officers and/or volunteers with, 13 the NRSC who attended meetings with Dennis R. Rehberg and/or 14 other representatives of Montanans for Rehberg in Washington, 15 DC or elsewhere in 1995 and 1996, prior to the nomination of 16 Dennis R. Rehberg to the Office of U. S. Senator from the 17 State of Montana, including, but not limited to, meetings held 18 in July, 1995 and on May 1, 1996. 19 ANSWER: See General objections Nos. 1,2 and 3 above. 2Q Without waiving the stated objections, the witness believes 21 the first introductory meeting with NRSC representatives took 22 place in July of 1995. Mr. and Mrs. Rehberg were accompanied 23 by their consultant Tony Payton. The following NRSC staff 24 members were scheduled to attend: 25 Wes Anderson, (MT Rep, Coalitions Director) 26

ANSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION Page 5 Ed Rahall (Pac Director) Gordon Hensley (Communi.cations) JoAnn Barnhardt (Political Services Director) Greg Striple (Polling) Prscilla Russo (Fisancial Services) NRSC staff also had contact with Mre Rehberg during visits to Washington D.C. in October of 1995, and in March and May of 1996. NRSC representatives may also have had contact with Tony Payton and possibly Geoff Ziebart, consultants, during the October visit and with Mike Pieper, campaign manager in May. Mr. Rehberg attempted to schedule a courtesy visit with Director John Heubusch and Political Cirector JoAnne Barnhardt on each of his visits and met with Senator D'Amato on at least one occasion prior to the primary, probably in July of 1995. In addition to the people listed above, he recalls meeting the head of the research department, and Nancy Ives of the communications department. Mr. Rehberg may have conversed with other staff members while at the NRSC offices in Washington D.C., but cannot recall any specific names at this time. He recalls meeting with Wes Anderson, Phil Griffin-Regional Field Rep, Shiela Harrington-field Finance Rep and two NRSC research assistants in Montana prior to the primary. Mr. Rehherg believes that JoAnne Barnhardt met with Ladonna Lee, Campaign consultant on at least one occasion in or about Cctober of 1995. Members of the NRSC also had contact with Ashley Jordan, an employee of the Eddie Mahe Company in Washington D.C. and Montana. During the

ANSWERS AND RESPONSES TO MTERROGAI'ORIES AND REQUEST FOR PRODUCTION Page 6 relevant time periods, it is believed that Ms. Jordan attended steering committee meetings at which JoAnne Barnhardt was present and met with IWSC Field staff people in Montana. Other contacts with Ms. Jordan were either by telephone or brief conversations. Johne Barnhardt attended various PAC Steering committee meetings which were held at the NRSC offices. Other NRSC staff may have attended, but the witness has no specific recollection of who were present. If the staff members identified above axe no longer

Li I Li employed by the NRSC, Mr. Rehberg does not know where they can t 1 be reached. 1 INTERROGATORY NO. 3: Identify all persons employed by, or serving as officers and/or volunteers with, Montanans for Rehberg who engaged in telephone and/or written contacts with representatives of the NRSC in 1995 and 1996, prior to the nomination of Dennis R. Rehberg to the Office of U. S. Senator from the State of Montana. Identify the representatives of the NRSC with whom these contacts were made. AWWIiX: See General Objections 1,2 and 3 above. Without waiving the foregoing objections, the witness has knowledge that the following employees of Montanans for Rehberg had contact with members of the NRSC staff; Steve McCarter, Press Manager - pre-primary conversations with members of the research and communications departments of the NRSC.

ANSWERS AND RESPONSES TO INTERRCJGATOUIES AND REQUEST FOR PRODUCTION Page 7 Elizabeth Bonforte, Assistant Campaign Manager - pre- 2 primary contacts with NaSC research staff. Stan UlPman, Finance Director - may have had pre-primary contacts with Shiela Harrington or other members of the NRSC finance staff. Mike Pieper, Campaign Manager - probably had pre-primary 5; z contacts with most of the individuals identified above and g 6 those identified in the answer to Interrogatory No. 2. L lL 7 Barbara Effing, Data input - possibly had pre-primary contacts with Aloysuis Hogan regarding FEC reporting.

IEJTERRQGATORY NO. 4: Identify all persons employed

by, or serving as officers and/or volunteers with, the NRSC who were involved in arrangements Sop: a fundraising event held F f2 i: by or for Montanans for Rehberg at the Ronald Reagan &: &: $3 Republican Center in Washington, DC on May 1, 1996. 14 ANSWER: See General Objectians 1 and 2 above. Without 15 waiving the foregoing objections, the witness has no direct 16 knowledge of who at the NRSC assisted in the arrangements for 17 the May 1996 fundraising event. It would be reasonable to 18 assume that Ed Rahall and Priscilla Russo and members of the 19 communications staff assisted. 20 -EBJTKIPWWATORY NO. 5: Identify all persons 21 represenring Montanans for Rehberg who were involved in 22 planning and carrying out fundraising events for the committee 23 in Washington, DC, including the events held on October 14, 24 1995 and March 21, 1996. 25 26

ANSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION Page 8 ANSWR: See General Objections 1 and 2 above. Without waiving the foregoing objections, the witness believes the following representatives of Montanans for Rehberg assisted with the October 1995 and March 21, 1996 events; The Eddie Mahe Company 900 Znd St. NE., Suite 200 Washington, D.C. 20002 202/842-4100 Richardson Ziebart Consulting, L.L.C. 901 N. Stuart Street, Suite 750 Arlington, VA. 22203 703/522-2628 Elizabeth Bonforte (former Asst. Campaign Manger) currently with: The Townsend Group 1510 Woodbine Street Alexandria, VA 22302 703/671-2393 14 IWE?StOGATORY NO. 6: Identify the production company 15 employed by Montanans for Rehberg which produced a radio 16 advertisement suppoxting the candidacy of Dennis R. Rehberg in 17 1996, one script for which included a disclaimer stating that 18 the advertisement was being paid for by the NRSC. 19 mSWIB;R: Strategic Perception, Inc. 20 2165 Broadview Terxace Hollywood, CA 90066 (213) 876-4403 21 22 RSIIWST FOR PRODUCTION 23 REQUEST FOR BRODUCTXQN NO. 1: Produce all docurnents that 24 in any way relate or refer to the production and placement by 25 the NRSC of advertisements on radio and television stations in 26

Qarwn, -, -m, Tozur C DIETnxCB P.L.L.P. ANSWERS AND RESPONSES TO MTERROGATORiES A? Lur AND REQUEST PRODUCTION Page 9 ~XLLIWUI. 14srrm FOR the State of Montana during the months of April and May, 1996, including, but not limited to, advertisements with scripts

designated "Pay, Taxes" (Baucus) and tt1974-Baucus.I' Documents produced should include, but not be limited to, electronic transfers, bank checks, radio and television order forms, purchase orders, invoices, contracts, telecommunication transmittal sheets, memos, telephone messages, telephone logs, electronic mail messages, notes, correspondence and memoranda.

RESPOMSE : See General objection Nos. 9,2 and 3

6. 10 L above. Without waiving such objections, neither the witness t 11 or any representative of the Rehbery campaign has any F L. 12 ?: documents relating or referring to the production and 13 placement of the MSC advertisements because no one 14 participated in the production or placement of such 15 advertising. 16 REQmST FOR PRODUCTION No. 2: Produce all documents that 17 in any way contain, or refer or relate to, any and all IS communications and meetings in 1995 and 1996 between any 19 officer, employee or consultant of the NRSC and Dennis R. 20 Rehberg, and/or between any officer employee or consultant of 21 the NRSC and any officer, employee, consultant or volunteer of 22 the Montanans for Rehberg Committee, including meetings 23 between NRSC representatives and Dennis R. Rehberg held in 24 Washington, DC in July, 1995, and on May 1, 1996. 25 26

ANSWERS AND RESPONSES TO MTERROGATORIES AND REQUEST FOR PRODUCTION Page 10 RESPOMS33: See General objections 1, 2, and 3 above. Without waiving such objection, see attached documents. Inquiry is continuing and this response will be supplemented if additional material sesponses to the request are

F.' discovered.

:: I z EUSQUEST FOR BRODUG%IOBZ Ma. 3: Produce all documents that in any way contain, or refer or relate to, fundraising events held by Montanans for Rehberg in Washington, DC on October 14,

1995 and March 21, 1996, the latter at the Ronald Reagan Republican Center, 425 Second Street, NE. E 1 RESPONSE: See General objection No. 1, 2, and 3 above. [.- E 'Without waiving such objection, the witness states that no 1 fundraising event was held in Washington, D.C. on October 14, 1 1995. In addition, the witness has produced materials 1 documenting the role of Richardson Ziebart Consultants. I REQU?ZST FOR PRODUCPPON No. 4: Produce all calendars, I appointment books, daily logs or diaries kept in 1995 and 1996 1 by or for all persons identified in answers to the 1 Interrogatories Nos. 1 and 3. 2 SPONSE: See General objections Nos. 1, 2, and 3 above. 1 Without waiving such objections, the witness does not have the 1 personal diaries of the individuals listed in Interrogatories _. 1 No's. 1 and 3, with the exception of a calendar provided by Mr. Geoff Ziebart, copies of which are attached and several schedules relating to D.C. travel. Mr. Rehberg kept no

ANSWERS AND RESPONSES TO MTERIOGATORlES AND REQUEST FOR PRonucrioN Page I i personal calendars, appointment books, daily logs, or diaries, and believes all calendars and schedules maintained or prepared by the campaign were destroyed at the end of the campaign. If additional materials are obtained by the

witness, relevant portions will be provided to the committee. p, Dated this, day of September, 1997.

CKOWLEY, HAUGHEY, HANSON, TOOLE & DIETRICH P.L.L.P.

P. !b. Box 2529 Billings, PIT 59103-2529 Attorneys for Plaintiff

1 1 1 1 2 2 2

2 2

AXSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION Page 12 I, Janice L. Rehberg, one of the attorneys fox the law

firm of Cxowley, Haughey, Hanson, Toole & Dietrich P.L.L.P., hereby certify that on the & . day of September, 1997, I mailed a true and correct copy of the foregoing document, postage prepaid, ta the following:

-ne Wei ssenbosn FEDERAL ELECTION COMMISSION Washington, D.C. 20453 - APJICE L. REBBERG 1

ANSWERS AND RESPONSES TO MTERROGATORIES AND REQUEST FOR PRODUCTlON Page 13 I, Dennis Rehberg, have read the foregoing Response to Subpoena to Produce Documents and Order to Submit Written Answers and the responses therein are true the best of my knowledge and belief.

2-@W,\Dennis Rehberg

STATE OF MONTi4NZh ) :ss COUNTY OF LEWIS & CLARK 1

On this day of &d! , 1997, before me Janice L. Rehberg, a Notary Public in and for said state, personally appeared DENNIS REHBERG, known to me to be the person who executed the within VERIFICaTION and acknowledged to me that he executed the same for the purposes therein stated. WITNESS my hand and official seal.

e of Montana (SEAL1 REQUEST FOR PRODUCTION #2 c . -> GIlHHA m Page 881 P.03 18.19.1995 15281 FROM PLRTL GOP SENRTE CQflflfTEE

Washington, DC - The National Rcp~blicanSenmbrirl Committee is bdny ga&eCinrg video and audio footage of the President9 “deed hxes bo much” speech in Wsust~n~QX Use in the 1996 Senate campnips

cat Clinbnn admitted he‘nired taxes too much‘, he lefthhie tax n &e U.S. SCN~&twisting in the politid Wind,” said John Werxbusch, Execative Director of the National Republican Senatnnal Commikhm ”We plan on letting VQ~C~Show their Senator ~upportdthe Clinton tax increase tad, ?hatnow, bePresident said the tax inemre was too big.“

Possible ad targets include Senators Max Baucus/MT, Paul Wellston d Leui~/lw[I,Jehn Mcrry/MA, Joe BidcenDE and John RockefellarlWV.

1x1 addition, those in the House of representative^ %whobarked &e Clinta bxincrease - and who am now mnni~gbr the U.S. 5enatr -- arc also possible a h lhey include liberal Reprwentatives Bob To~cclli/?-JJ,Richard Durbi ReecURI and Tim JQ~K~SQ~~SII - 5.

TheCllintnR admission thakhe airred taxa too mash has undermined all of &e liberals who supported &e record-size tar increase,” said )9eubusch. “Wewill msupe that PQ~X-Show Phcir Democrat Senator and Democrat !%mate candidates *xanised taxes fob much’. This is a great &sue for the GBP because voters always (- e~usslptr~it was true - and now &e President himself has confinned it.” - c . .. .. c lw E%** REPUBLICAH CENTER 0 425 SECfWD STREET. 1IL WMNIWOTDN. D.C. m7 (z~tlWWQ~ PrlkrudepsaabywI~~R~lyDo5~cDkmy

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' i.. i ". - -I i 2 i April ¶e,’1W 4:13 PM From: Ste Far #: 41)Fj 443-7342 Page 2 of 2

PRESSING FORWARD News Release i

-30- G K

NRSC COMMENCES MONTANA MWIO CAMPAIGN OUTLINING BAUCUS LIBERAL RECORD OF TAXING AND §PENDING W2s~im~~~,DC - The fallowing sixty-sectmd radio spe pmdueed for &e NKSC by River Bank Ens, will begim airing; in markets today throughout &e stab of Montana: Anncr. You already know thar liberd Max Baucus vocd ro raise his own pay by c 423.000 then voted IO raise your iaxes by more than %2.b00 a family.

But did you krww rhar in the 2 I long liberal years thar Baucus ha5 heen in Washington. our debt skyrockcfed EO S5 rrillinn

It's a fact

Enstead. he's voted to spend bilkins inere on wasteful governmenr spending.

fhas's ei$hr. Biifienr innre

Lib4Max Bsvucus even voted to spend our taxdollan to pay for an alpine slide in Pusrro Rico and a casino in Conneciicur.

That's not Montana. But it is Max Baucus.

Call liberal Max Baucus at (800) 332-6106 fell him to stop wasting our c. hard earned money. Tell him to vote for Congress' halanced budget plan. :BAUCUS V ASED DEBT, AY FOR HIMSELF

‘ci Bu#w voted to raise taxes on social Raaliry....

i- AB

c L. Washington, D.C. - The following is a text of a new 30 second TV spot whick begins aiMg today in Montana The ads are paid for by the Nationsl Republican Senatorial Comqjttce and are aimed at urging Montana Senator Max Baucus 80 mppon the majority’s balanced budget

c r-LZ i

imp .. . .-* 1996 MONTANA SENAYE RACE M!3IA BUYS

EB.6-13

Mr. 4-15

~~ April 1-15 radio--education Wlradio- positive name ID F I 11. K April 16-24 radio-Max radio-response radiflv-narne voted to raise to ID NPiSC5SAmato TV- MnWage

radio/pt/ax voted radio&my, ;a Wlradiolname for waferslide liar and guilty ID spot m -- Min Wage [j' . ~ ~~ p. d' radio/e)enny is radio/ jobs spt guilty and a liar TV - Min wage n _-- May 13 -18 TV11974 ad radidamerica 80.0 pts. $8,000 e

I P.82 MBEB

R f- lh P h.

c-. . .. I...... I * -..- FROH HDJL BOP SEIICIPE COflHlTEE P.82

\"DE0 AUDIO AXW.8:

1974.

Liberal hkBoucus goes to Washington.

'uui sli4c uFflic rrrt:urioll J&-- 52300. 22 long liberal years later. Government spending explodes. GRAPHICS: 1996 Headline on Spending Bausus sotes for five oftlie bigg Increases in history. GWmCS:Baucus votes for five oftha biggcst till increases in Arnerlcan history i:. d Your share orthc national debt -- t GWWCS: your share 01 nationill aear = 5 I KUW. I. s19.000 What else Is up? MMO\T'ISG UPWARD ARROW ACAINST GRAPH LABELED BAUCUS SAIeARY Baucus's salary. It's Moled lo S133,OOO. Arrow ends at S133.000 Weneed a balanced budget.

Baucus pix Cali liberal Max Baucur and tell him to GRAPHICS: Call nia BaucuslPhone support the majnritfs balanced budget plan. #??Balance the Budgel Disclaimer

I .- I - . ....-.. I FROM HRTL GOP SEHRTE COflnlTEE

"1974 Max Raiic~sp;nw to Washington, aad a Baucus was elected to federal office in 1074. DUP nationai debt is $484 billion." He has spent over 2 I years in Washington. (source: The Aimanac ofhmerican Politics, 1996) e Total ,gross federal debt in 1974 was $483.893 millinn (nniirm' f;tnti&=ai Abstract fif the

:,, I I "...Max Baucus' salarj has marc than m.From Ill S42.000 to f 133.060 a year.'" January. 1975 to $133.600 in 1996. (source: 19911 CQ PBlrnaaac: CQ Wekly Report. , I /a931 o The national debt as of Wednesday, April 17, 1995, was 64,1~;,355,518.536.99.

bpOn (CQ VOW @47. lW3) (5241 billion Ova %iw pis") Bdga Rcadiatiaor ~aaInuraseJ bf 1984. CondbePIce Repew [CQ Vote 8339. 1982) 4s 138 Mliw mer fsur yean") Budset Wtcoradiatlon of 9987. Conference Repon (CQ Vote M19. 1987) ($54 billion over four years*) Deficit Reduction Aa OF 1984. Conference Report (Cy Vote #i6l. 1984) (S48.3 billion over 4 years*) Social Security Act Amendments of 1983, . _. Conference Report (CQ Vote $54, 1983) ($36.7 billion over four years*) * (_TWt;nitnciation Press ~;1eaie,-9/2/83) "In one vote w.he increased kxes on Montana .e Baucus voted for adoption of the conference familits by $2.680 8 year." report. (CQ Vote #247: Adopted 5 1-50: R 0- 44: E) 50-6. with Vice President AI Gore casting a "yea" vote. Aug. 6, 16)9.3,) B The Heritage Foundation. in an April 7, 1994, study entitled ''The State md District Impact sf The Clinton Tax Increase." malculated that the I993 ClinrodBaucus tax hill w211 c5st Montana's taxpayers $54 1,379,082 over five years. or $668.04 for'everyman. wornmi and child in Monfana. 0 (family offour) f&hP nn II flB# FRO14 NlllL 68P SLHITL COklllITEE P.BJ

"...smdlbuslnesses .... I

0. D 13-42, June 24, 1993) -. '...and gasoline." Bauurs voted against eliminating a gasoline tax of three cents per gallon to raise revenues. (CQ Vote #2QS: Adopted 209-187: R 114-17. D 95-1 70. June 11. 1975) Baucus voted to kill an amendment eliminating the 4.3-cent tax on transpartation fick (CQ Vnte $167: Motion agreed 5048: R 0-43. D 50-5- JQ24, 1993) Baucus voted for adophn of the confefence c E~QF-~on Clinion's 1993 taxbill which included an increase of 4.3 Cents in the fdcral palinc tax. (CQ Vote X247: Adopted 5 I -SO: X 0-44: D 50-6, WiKh Vice President At Gore chciing a "yea" vote. Aug.

i AD TEXT BAUCUS RJ3CQIwId

Baucus voted to raise his own pay by Baucus voted for the amendment to raise $23.000. senators' pay from $101,900 to $125,100. ban senators' honoraria and limit outside earned income to 15 percent of a senator's base pay. (CQ Vote W133: Adopted 53-45: R 25-18; D 28 27. JU~Y17. i99i)

Baucus voted for the 1993 Clinton tax Baucus voted for passage and adoption of the . bill which raised taxis 52,600 for a 1993 Clinton tax bil! (CQ Votes #190,6247. family offour in Montana. I993) Per capita impact ofthe 1993 GGton tax bill on Montana was $668.04. Multiplied by fou equals $2,672.16. ("The State and District Impact ofthe Clinton Tax Increase," 'Heritage Foundatiaq 4/7/94) Baudus has been in Washington 2 1 Baucus was elected to federal office in 1975. Hc years. . has spent over 21 years in Washington. (The Almanac of American Politics. 1996)

While in ofice the national debt The national debt as of Wednesday, April 17. L; L; skyrocketed to 55 trillion. 1996. was 55.146.356.5I8.536.99. (The I": Washineton Times. 4/19/96) Baucus refuses to vote for a balanced Baucus voted against both passage and the budget. conference report ofFY 1996, a bdl to balance the budget by 2002. (CQ Vote #556: Passed 52. 47: W 52-1; D 0-46. Oct. 28. 1995) (CQ Vote . #584: Motion agreed to 52-47: R 52-1; D 0-46.

Nov... 17. 1995) ' '

. .... - 'I , 5aueus voted three for rneasurks which, ...... expressed a desire ior a iaal of bal&&igthe. ;. ...,. ~..- .. ,. kdkdbudget. (CQ Vote #37lf;AdO&dd'61-3._.I i...... R 39-9; D 22-22,'Dec. I1,'-.1985);' Vote:. .. (CQ : . .. .. H8l: Passed 60-37:R 53-0; D 7-37;Nov:l6, 1995 j; (CQ Vote #611: Passed 94-0: R 49-6; D ...... , :' . 45-0. Dec. 21. 1995) , " i ' _' I I : ...

...... Baucus refuses to vote for a baimced Balanced Budeet Constitutional Amendment budget. Although Max Baucus’ rhetoric promotes reducing the deficit, his record on the balanced budget amendment does not. Baucus has voted against the balanced budget amendment 10 . times out of 13 occasions. The following th votes are considered 60 be the benchmark vdtes OR the balanced budget amendment. Baucus . i.oted against it In 1986 and 1994, then flip- €Io@ and voted far it in 3995. .... (CQ Vote M5: Rejected 66-34:R 43-10;D 23- 24, March 25, 1986); (CQ Vote #48: Rejected 63-37:R41-3; D 22-34, March 1, 1994); (CQ Vote- #98: Rejected 6535: R 51-2; le, 14- 33, Mar& 2,l995) 3aucus has voted eo spend billions on The net total of legislation Bausus voted €or in wastehl govement spending. the 103rd Congreds was: “$54.213,000.000” (NWF VoteTally. 103rd Congress. 10/10/94)

The net total oflegislation Baucus voted for in the 104th Congress was: “$4I,304.000,000” (?VTUF VoteTally. 104th Congress. 2/96) 3aucus voted to spend taxdollars on Baucus supported Clinton’s 1993 “stimulus” m alpine slide in Puerto Rico and a plan. Specifically. he voted against cutting the :asino in Connecticut. Community Development Block Grants which . . ., . . /. would have funded the alpine slide and the . , . casino. Vote Motion agreed to ... (CQ $87: 54-41i:.... R 0-43; D 54-0.March 30, 1993) .. Baucus voted three times for clotore. . ., .. ._ would have hited debate and aUow ...... the Clinton plan. Baucus voted for : . #loo: Motion rejected 55-43: R 0112; ...... I..:.. April 2, 1993); (CQ Vote fCIO1: Moti ...... 52-37:R 0-37;D 52-0. April 3. 1993); and (C . i’. Vote #I02 Motion rejected 49-29: R 0-28; Pa I ..... i 49-1, April 5. 1993) \......

Baucus once again voted against eliminating oh&.. ‘stimulus” apeas ofehe @an. (CQ Vote #103: ’ Motion agreed to 53-45: R 0-41; D 534, Ap ..d i .... 20, 1993) ... ! L.l ! ... i ,! -- -i Page 2 ...... I ...... * -._.__.,U.. . Baucus did vote €or a diffeaent “shuIus”’ substitute that would have lowed the amount of spending somewhat, but would have 5tiU funded the pork and stizl would not have paid for it, thereby still increasing the federal. deficit. (CQ Vote #104: Adopted 52-46: R 0-41; D 52-5, April 20, 1993) . ..

Baucus once more voted for c10tu’i-e on the . , stimulus bill, but the motion failed and.the . ’ piojwcts were not funded. (CQ Vote #105: Motion rejected 56-43: R 042; D 56-1;-April21. 1993)

“The list below, taken fiom the National Conference ofMayors ‘Ready to Go’ book of more than14.000 public works projects; giyes a sense of exactly where much ofthe money would be going. While the ‘Ready to Go’ projects aren’t specifically included in the stimulus package. HUD Secretary Henry Cisneros told Congress in February it is the list the administration will work fiom in dispensing the $2.5 billion earmarked in the bill for community development.”

“Caguas, Puerto Rico, build alpineslide, 100 jobs, %2,5O0,OQOy’ L‘WeSt Haven, Conn., CQnstrUCt a casino building, PO jobs, $1,000,000” (editorial. The Wall Street Journal, 4/5/93) I

4! TO: The Federal Election Commission Office of General Counsel

My name is Mike Pieper, and I am the Campais manager for Montanans for Rehberg (Rehberg Committee), the principal campaign committee of Denny Rehberg, Republican nominee for the United States Senate from the State of Montana. ’I make the following statement under oath:

1. I am intimately familiar with the facts and circumstances surrounding the Rehberg Committee’s radio advertisements which are the subject of a portion ofthe complaint in MUR 4738.

2. I have thoroughly read Section 11.3 of the National Republican Senatorial Committee’s WSC) July 10, 1996, response in this matter, entitled “The NRSC has not prepared or paid for radio ads for the purpose of electing Dennis Rehberg to U.S. Senate.” _.

3. The NRSC’s response is completely accurate regarding the facts and circumstances of this matter. The NRSC’s response and attachments correctly recount the purpose behind the Rehberg Committee’s decision to produce, air, and pay for pre-primary radio advertising, the genesis of the disclaimer error, and the efforts all panies undertook to immediately CQKF~C~:it. It also correctly states that the hXSC’s legislative advocacy advertisements were not coordinated with the Rehberg campajgn, nor were the Rehberg ads coordinated with the NRSC in any way.

I swear the above statement is mine and is true to the fullest extent of my knowledge of the facts of this matter,

Campais Manager Montanans for Rehberg

STATE OF MONTANA 1 :ss. County of Yellowstone 1

Sworn and subscribed to before me this day of July, 1996.

- s“ N&a,tarv Public for the State of Montana

- MONTANANS FOR REHBERG - E Mait Address: [email protected] 9 F.O. 0ox 6547 0 Heleno, MT 59604-9984 * Phone: (486) 443-3414 e Fax: (406)443-734: Paid far by Montanans tor Rshbsrg . .._.. May 30,1996

Jay Kohn KX.F Tclevisi:;! P.O. BOX p: mo BUItC, M 58701

Dear Jay,

I understand ti.?: 5uiing your tapicag of Face the State with Denny and Ed Dorcherdt today a qucstic)neacx I:-> I~O?I~D radio ad being NII by Montanans for Kehbbcrg. _. The ~onfuSic;.-:%; xcwred because the production coinparmy which edited the ad made 9~ versions in ca:::: in ika fulurc the Republican &mer: com5Ih’teo decided !o pay for any ofthe Itchberg czqzig!!ccmercials. This is a standard practice among political ad production corupaniEs E::.? f:;ss done without ow howkdgc.

Renny wis CX:~~~&-it the wrong ad \+as b&g played. This problem was first brought to my attention tivc, ..rcc!.:s zgu and all sfaaions \vexc notified not to play the ad urith the Republican Narioaal Co:~r:::t:e= disclaimer. Despite two notices to all rzdio stations in Montana, at least one station contirs:s io piq the wrong radio ad The Republican Smite Committee has paid for nonc of our ads. ti. ;r‘ OS radio ads have been paid for by this campaign. _- I have spokei ’3 Tim Bolt about this and she ~QWSthat the Senate Cobttee is not paying for any of our a&. Shc has also spoken to the Republican Senatorial Cumnittee who has told hcr tius they are not ~zykigfor our ads.

Bob Home G! F25. Avcnue advectising in EIclena has hem in cornmication with all statioils airing our co:~s~:cklto make swc tlley do not play the wmgcommercial. Jf you have any Purthcr quesrioiz ,sitae call me at 443-3414

Sincerely,

...... ,. -. .. .- .. v-

......

MEMORANDUM

DATE: May 31,1996 PO: Mike FROM: Elizabeth RE: Engle Discussicn

I PRIVILEGED COMMUNICATION --- _- PREPARED IN ANTICIPATION OF LITIGATION

i i

.. . -. :.

I I

...... -.~.._I._...... ~~ . .. .~ ......

FROM: Ladoma Y. Lee

RE: Update

Following is a brief recap of our meeting in Montana on Sunday as well as conversations with the NRSC, etc.

Fundraising

MI members ofthe Century Club and other key leaders in the Rehberge team should be invited to a Ctaristmas open house keyed to geography. This is not a but will give the Century Club members motivation to meet their goal by the time ofthe event(s) The two weeks leading in to these events might be a good time for the NRSC staff person to assist Stan. (Joanne agreed she could as well as asisthg on &e Denver event)

.. ..

' ._. L .. .:.!,

.. r

"For each of these areas, we need the facts, DR's record, Max Baucus record and any vignettes to describe DR's position.

This research needs to be complemented by the other requests to the NRSC to complete the Baucus research for Gs entire legislative histoy (see research memo) . ...

7 Research

!-!.. Joanne Bar&art has said Bob Po% will undertake the rest of OUT research and she is determining when he can produce product based on his other assignments. f-. NRSC

Ladqma will undcrtake the “care and feeding” and communication with the NRSC. DR wilfiomunicate regularly with Highbush and JoAnne. I met with Joanne for lunch. She will work with us to get Denny invited to the Senatorial Trust events so he can begin working on major donors around the counby.

state Party

:I ‘de party is going to undertake a message program showing MB out of touch wMontana. Our recommendation is a series of radio ads starting ASAP telling MT that Max has already voted against their cut in taxes, reducing government, etc. The message will then be adapted depending upon the news cycle. Johesaid they have $35,000 to begin the prowwith and could spend over $100,000 between now and the beginning of the year.

. .~. ~. .~ ...... , .. - .*...... ,. ~. .. ., ...... :. .._...... , ...... ,. . . . -__-.. .. _.- - ...... - ......

To: Itebberg Team Company: Phone: Fax:

From: Ladonna Y. Lee Company: The Eddie Mabe Company Phone: 202-842-4100 Fax: 202-842-4442

Date: 04/30/96 Pages including this cover page: 2

It appears from the lRsC documentation package on its radio that in fact Max did not vote for a casino and an alpine slide but rather that it was from a National Conference of Mayors “ready to g~”b00k that Cisneros fold Congress he would work from. So we probably can’t attack Max for using his out ofstate dollars Bo lie about his record. That leaves US with the “guilty charge.”

Our best approaeb would be for the C to run radio stating that Max is milty of l48nBing 83 guilt by 2lSSQeia~OnCamp Naming unnamed “out of state ~e~u~l~cans”guilty whem in fact none of the findings have determined anyone guilty ..... and the only political organhatioms that have had %opay fines to the FEC in the last xxxx years is the Democrat state party and Democrat oace holders (Williams?) THIS NEEDS TO BE DETERMINED TO BE FACT.

Max is using his millions ~f out of state special interest money trying to get the fair people of Montana to believe that Denny Rehberg associates with people who are guivty .... none ofthe thousands of hours of legal proceedings imvestigating Democrat Chairman Kelly Addy’s allegations from I988 have resulted in a single Republican organbation being fined. Come on Max use your millions of dollars of out of state

special interest money to tell the voters of Montana what this race iS really about. .. YOUwant a government that continues to take 40% of everyone’s pay check and ,,, . This message probably does not fit into the issue advertising that the NRSC can do with non allocable dollars. Thus, we must determine what we can do to offset Be barrage of messages saying Denny is “guiEty” which can only accrue to Borchert’s benefit. By the same token we cannot afford to begin the “cannonball strategy” of using our limited resources saying “I’m not guilty”.

We need a press strategy. Pat Stinson has called to invite Dennv on his show tomorrow morning at 8:30 MST. W

with just a press release.

This also calls for a Max watch and possibly we could release the entire list of “ready to go” projects and ea!! on Max to say which ones he would have supported if It wasn’t the casino or the Alpine Slide.

We need to decide today what we are going to do. Mike, Tony - Phil did not believe that the NRSC would do the paid response but suggested we talk to Craig the legal counsel. ]If I hear from either of you before llsO0 we can call together or I will follow-up directIy.

NOTICE OF CONFIDENTIALITY: The information contained in this facsimile transmission is legally privileged and confidential, being intended only fer the named .. recipient. Therefore, dissemination, distribution, or copying by other than the intended recipient is prohibited. If you have received this transmission in error, please notifgr. US immediately by collect call and return the transmission to the address below......

., ,.- , Sceaad §tretk Suite 200 * Washingtoa, 20002 202-842-4100 2OZ-&I24442 ~. 900 NE DC * * FAX

., .. ~ .. ,. , .. . >,. , ,.. ,_...... I...... ’ . , ... .:...... ~ . ._.- -. ~ _....-..r - ......

.._... . ._... -7.. _...... cor

To: Gcoff Ziebart From: Ashley Jordan Date: September 19,1995 Subject: PAC Event ad other things of importante

@C:Denny Rehberg, Jan Rehberg, Will Brooke, Tony Payton andl Ladonna Lee

Per our discussion, enclosed is &MY'S schedule during his last visit to Wasbiirngton. All the appointments were either set up know.

A frw Wines:

. .. _...: . ...., . ' @!!. .. _, --'L.:, - ~~ ~ ~ ...... - ......

Page 2

-. ::. .! ._...... - Fially, I’d like to set up a meeting with Prkiilr ~urt~~ftbeNRSC (she’s the PAC person) and lets . ....i ...... _ figure QU~what they arc wiring to do for Denny au their end. phlso, ktr schedule a conference all this week with Jack Kamiz and Robert d)Jenskg. 11’11 set it up.

~. . .~~ .. , ...... 1...... ,., ...~,. ._...... I...... , . ’, ..I ,. .. - . .- .,,,. .. 1 ......

To: Steve McCarter Company: Phone: Fax:

From: Ladonna Y. Lee Company: The Eddie Mahe Company Phone: 202-842-4100 Fax: 202-842-4442

Date: 06/07/96 a:-. Pages including ..- i. this cover page: 1

First - we have answered all the questions - any new questions are only to keep us on the defensive SO my suggestion would be

You know this is old news and a fight between Max Baucus and the National hpNb!iCm senatorial Committee. I have no capacity to keep them from running the ads. Its their business.

Max fully knows these ads are not violating the law because they do not fall under the label of upartisan communications” as defined by the FEC which must Merpresslyadvocate the election or defeat of a federal candidate”

Max has been happy to accept the help of tbe unions, the envi~on~~n~a~is~s and Emily’s list. And, now the Montana Democrat party is paying for a piece of mail for Max saying that finally after 21 years in Washington, he, Max Baucus, ~QWagrees with me, Denny Rehberg, on balancing the budget, welfare reform, and that Montana is a great place to live and raise a family. SO 1 howhe and his family will be real happy to move here next January and Iha ~~...... , ~a’urthe;,ax thought it was OK to use our tax dollars to put out a piece OB mail from his Senate oEce saying how terrible Newt Gingrich and the...... , ,...... , .~ ... ~. . Mepiblicaars in the klouse &e. ’...... , ...... ,...... / ...... Max doesn’t believe in the same rules for both sides. Maybe if he ~asnV ashamed of all these votes when he voted against Montana’s interests ha wouldn’t be yelling so loudly now. .

NOTICE OF CONFIDENTIALITY The information contained in this facsimile transmission is legally priviIeged and cornfidential, being intended only for the named recipient. Therefore, dissemination, distribution, or copying by other than the. intended .. . recipient is prohibited. PP you have received this transmission in ern&, please notify us Dear Max

Thank you for signing the clean campaign pledge. As you know, ow opponent, Becky Shaw did so on Tuesday??

I have communicated with the Republican National Committee and the National Republican Senatorial Campaign Committee that you have agreed to run a campaign according to the pledge. 1 have included copies of yours and my campaign ads which cleaaly show that all of my advertising in the campaign has been done according to the pledge.

Your letter contains some additional suggestions for our joint agreement on campaign adveflising and I would be happy to sit down and negotiate those additional requests with yoc. I would also like you to agree to the spending limit you suggested on May-22, 1995 to spend no more then $1.2 million. (this is what 1 got from my clips Steve)

You have threatened that you will not abide by the Clean Campaign Pledge if the NRSC does not remove their ads. The Pledge that you and I have signed states:

“to request all interested third parties, who may engage in issue advertising that may agree with my positions on the issues, to abide by all the above;“

I have done so. See copy of letters attached.

Your demand that the NRSC advocacy ads be done in my voice which is ... as you well know ... a violation of the Supreme Court ruling handed down on Tuesday which clearly states: ‘‘the First Amendment [cannot be used to prohibit] an expenditure that the political party has made independently, without coordination with any candidate”

1 have not been involved in any ofthe decisions or discussions on the NRSC ads .... nor any other ads done in the state by third parties. t\i& have I violated the law as’you suggested in our debate last Saturday when you said

quote I strongly suspect that DR is coordinating independent expenditures

.. (Steve - need quote fiom debate transcript) . .

. ... Let me know if you will commit io your original discussion to limit spending.

Have a great week

You know that your demand for me to TO: Montana Editorial Boards FROM: Montanans for Rehberg RE: Max Baucus campaign tactics

Recently you may have received information from the Baucus campaign making several false allegations against the National Republican Senatorial Committee and the Montanans for Rehberg Committee. We are providing the following information for your consideration as you review the Baucus material.

1. Max Baucus is the only candidate in the Montana Senate race who has launched a campaign of character assassination.

In both radio and television ads the Baucus campaign has used false and in some cases totally fabricated newspaFer quotes to imply that Denny Rehberg has done something illegal or dishonest.

In a television commercial cwently running in Montana on behalf of Max Baucus the words “backed by illegal contributions” appears on the screen with an implied reference to Denny Rehberg. In the same commercial the words “pushing for tax breaks to tkn rich” appears with an attribution to the Bigfork Eagle, May 29,1996. At no time have these words appeared in the Bigfork Eagle. Again, in the same commercial the words “while fighting against a minimum wage” appear on the screen with attribution to the Billings Gazette, May 12, 1996. And again nowhere in the Billings Gazette does it say Denny Rehberg is fighting against the minimum wage.

2. Max Baucus claims ads being run by the NRSC are illegal, but has no facts to justifi this claim other than his own opinion.

The U.S. Supreme Court has heard a case conceming exactly these type of issue advocacy commercials and is expected to rule in the next few weeks. This Supreme Court decision should put to rest Senator Baucus’ concerns. If the court upholds the ruling of the Federal District Court in Colorado there is no reason for these NRSC ads to be pulled. This is a free speech issue. Even Max Baucus should recognke that you cannot deny Montana Republicans fiom expressing their opinion of the Baucus voting record, no mater how embarrassing that record may be.

3. Max Baucus continues to make false statements concerning the 1988 Bums Senate Campaign. In a television interview June 4, 1996 Senator Baucus says “blah, blah, guilty of illegally diverting out-of-state campaigixcontributions.”. This’isa reference to a Givolous complaint filed by Kelly Addy and the Montana Democrat Party against the National Republican Senatorial Committee and the Montana Republican Party. The

Federal Election Commission declined 30 act on the complaint fulling it without merit. . ,

The Clinton administration’s own Justice Department argued in favbr ofdropping the . ’ . This frivolous complaint does not mention Denny Rehberg. He is not accused ofany wrong doing. The FEC has not found any party to the suit guilty of any campaign spending violations. Max Baucus is lying about this in an attempt to smear Denny Rehberg’s reputation.

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.. TO: Jan Rehberg FROM: Albert Eckel DATE: 6/12/96 RE: Senatorial Meeting

PRIVILEGED COMMUNICATION WITH CRAIG ENGLE PREPARED IN ANTICIPATION OF LITIGATION SENATOR ALFONSE M. DAMATO CHAIRMAN

JOHN 0. ntmaus.cn EXEC- OIRECTOR

Invoice #95048

Date: July 2,1896 TO: Elizabeth Bonforte Montanans for Rehberg 812 N. Last Chance Gulch Helena, Montana 59601

Reimbursement-Additional Postage for Trust Mailing: 1 [email protected] ...... $59.92

Please mail your check to: MlsC Accounting Division P.O. BOS75103 Washington, DC 20013-5103 P3LO - vational Republican Se a1 Colnmittee 7/12/96 07/11/96 Bill # 84.48

,:-. I:: p--i Checking-Valley 84.48 ...... _ .. __ ...... - ._...... -. ... .- ......

J 0

e To: Mlks Piper

e From: Barn Phlllipe, TotalFax

b Date: 4119/96

0 # Of PPUIDB: 4

e Regadlng: Delivery statistics

a Dear Mike, ..

0 tkted below are tiha delivery statistics from your Baucua Fuadralslng c Flag8 fax d rdll8l96. Wetnee cell ma with your questions or commen6s. Thank you for your businems1 e

e Total dsstlnet9sne: %OI Non4elivendi destinations: 29 e Delivered dsstlnatrona: 572 0 Connect mlnutes: 1039.13

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TO: Mike Piper, Rehherg Campaign Manager (406)443-7342 FRCM: Jean Barry, Research Dept., NRSC

DATE: March 26, 1996 c

Software CostS

SearchEXpress samare $1250.00 -. Q-Edit software 59.00 - Micro-Quotes softwan 0.00 Baucus Database m S1309.00

The Scarch Express. Q-Mil, and Micro-Quotes softorare run on IBM or BM compatible computers. We recommend an BM PC 386 or 486 CPE with ai least 640k RAM. We recommend installing the software on the hard drive of a computer rather than a network file server, as this will help avoid future problems. Search Express is available in either DOS or Windows forniaa. The Baiicus Databasc (3,870 quotes) is a product of the NRSC. It is a huge text fie that has knformatted in such a way tht Search Express can search through it anel retrieve information in swonds.

Micrc-Quotes and Q-mr run on DOS version 3.3 or gmter. Q-Miand Micro- Quotes work conjunction to combine relevant portions of text with date, source, subject, and byline information. They also format the combined data for Scarch Express.

It two at the to train will de days. most, install the software and IO your campaign~ ~~ .~ ...... dfio use it and to augment theSaucuS database^.1; ... .L.:::.; .. -;...... ,: . ,__...... ~. .. , .. .. .< ...... ' I. ,. ., . . ' . If you have questions. please 6756177, . any call me at (202) ..., ,, . '. ,...... >>..' .. , ...... , ', --,., .p4u- :. .. ~~. ,. - -_.------MONTANANS FOR R P.O. BOX 6547 1282 HELENA, MT 59604-6 I

I. April 15, 1996

- MONTANANS FOR REHBERG per Ashley 1.282 National Fepublican Senatorial Ccmnittee April 15, 1996

Campaign software $1 ,300.00

1282

April 15, 1996 $1,300.00

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I' . *. :- L. t- SENATOR AWONSLEm DAMATO CHAIRMAN

JOMH 0 H1LUEUSCN EXECUTIVE DIRECTOR

Lvoiee #95044

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.:? .!:ne .!:ne 11,1996 6:20 PM From: S Fax #: 406 443-7342 Page 2 o

-- PRESSING FORWARD News Release

“Here he goes again”

Commenting on a Baucus press release, Lieutenant Governor Denny Rehberp said today, “Here he goes aga in... Mis is ji& mother In a series of diversionary tactics by a clever Washington politician

“Max Baucus is squirming under the pressure of having his voting record examined, and he’s trying everphiPlg he and his birdclies can rhink of to avoid having to tak about his votes on tw increases, pay irmeases, and bloated spending with a vote pending on ?he bdanccd budgct plan.”

RrlYbag noted that the NRSG a& never call Max’s personal integrity or character into question, but focus solely on his voting record in relation to mttcrs pendiiig before the Congress.

“IfMax is proud ofthat voting record in fhis election year, why doesn’t he comt out of the shadbws and Mend it? Let’s discllss how those tax increases and bloated spending aEect average Montanans.”

I Instead, Max Baucus and his camp have chosen to engage in a campaign of character assassination against Rehberg.

Using L.utucnd0, untruths and association, Baucus and his buddies are attacklplg Rehberg personally in an effod to damage him politically. The attack ads &kg by Baucus have nothing whatsoever to do with ?he issues, and byare using the print media by taking their words and phrases out of carstext and twisting them to suit their own political purposes, Rehbcrg added

“Our campaign will continue its focus on our message of balancing the out-of-mntaoi fcdsrd budget, cutting taxes so average MQ~~ware able to keep more of what they eam, balancing the protection of our natural wonders and the need for good jobs, and making the federal govemmmt once more ahc servant of its people rapher than its master.

’“ffhizt’s what the pcoplc of Montana have been telling me ... and they’ve been telling me Max’s record on these issues is kprtarrl, and he needs to be accountable for what he says in an election year and how he votes the rest d&e the.”

-30-

POPImmediate Release June 12,1996

Paici far by Mob*slu;u for Rehbq - P.O. Box 654? - Hela& kll“ 59604-9904 -> 86/24/96 16:8§:49 Uia Fax DDHNB LEE Page DE1 ._ "Baucus even voted IQ raise mes on Social D hucus vc~edto rabb OS] the mendmenr IO 1. security. ... arike the pmvisioa of the biII ghat raise: rhe percentage of §wid Security banefits wed from SO pepcent to 85 percent for individuals -big more than 532,000 and couples hgmore tbm 440,080. (CQ Vote iPl69: Motion agned to 51-46. June 24, 1993) Baucus voted for adoption of the conference npon Chm's 1993 M bill which included a tax iocwon social security. (Cg Vote! #247: Adapted 5 1-50. Aug. 5. 1993.)

"... Medicare rccipimts, ..." * Baarcus voted for the edoprion of he conference report on the bill to cap the amounts for which Medicare bene5ciaries \will be haracially liable for Medicare-coverd services arid to make other changes in the program Included in the bill were incrcvtd monthly flabpremium benefits and an income trtx surcharge: on Pat A eligible elderly. (CQ Vote f170: Adopted 86-1 I: R Wl1. D 52-0: June 8. S9SS)

.'... and the famiry farm." REQUEST FOR PRODUCTION #3 DATE INVOICE NO. 2i29/96 I40

BILL TO Montanans for Rehkrg P.O. Box 6547 Helena, Montana 59604

TERMS

.. Net - 30 DESCRlPnQN MOUNT

57.33 266.00

20.00 12.00

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1,504.59 10.67 257.61 98/37/95 84

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From: Ladonna Y. Lee .. Company: The Eddie Mahe Company Phone: 20244241@0 . Fax: 202-842-4442

Date: 1W17D5 Pages including this cover page: I

Geoff, we need a detailed itinerary of who Denny is meeting with when SO we can schedule some lion fundmining activities as well IPS know what is now scheduled.

Also, please send over the list dwho has confirmed for Tuesday night and send us daily updates so as we all move around town we can help follow up

Thank. To: Ceoff Ziebart From: Ladonna Y. Lee

Date: August 2 1~ 1997 Subject: PAC/Out of State Proposal

Goeff, we are delighted to get your proposal. A couple ofthoughhls: Denny is here October 20 - 25th for PAC hdraising including an event SO if you are going to start up in 1995 we need you to begin SepKmbeP 5th.

Please give us a quick response so we can detenmine if you are doing the October event or ifweare. Thank. ! c. I.

L .- ;r ;r WEQUE§T FOR PRODUCTION #4 ..L- 9:w am

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