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Anne Weissenborn FEDERAL. ELECTION COMMISSION Washington, D.C

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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 2t 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 26 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.
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