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CHADBOURNE & PARKE LLP Pamela J. Marple ZOUb JAN A '8: Q'lB direct tel(202) 974-5657 direct fax (202) 974-6757 21il pmarple@chadbourne com E BULK FILE h, 0 0 c January 23,2006 -D d.* ... ... E Ms. Camilla Jackson Jones Federal Election Commission 999 E. Street NW Washington, DC 20463 Re: MUR5684 Citizen Change, Sean "P. Diddy" Combs ...&-*- - 1. ..: , .. r Dear Ms. Jones: Enclosed please find the response of Citizen Change and Sean "P. Diddy" Combs to the November 3,2005 Complaint filed by the National Legal and Policy Center. We request that the response and its attachments be afforded confidential treatment. .J If you would like corresponding exhibits for the television programs, or other ' video items referenced in the response, we would be happy to provide copies of these on VHS tapes. Of course, we remain more than willing to answer any other questions you might have. Sincerely, New York Washington Los Angeles Houston London (a multinational partnership) Moscow Warsaw (a Polish partnership) Kyiv Almaty Beyng BEFORE THE FEDERAL ELECTION COMMISSION OF THE UNITED STATES OF AMERICA ' .' Citizen Change, Sean '"P.Diddy" Combs MUR: 5684 DC1 - 228478'03 I. .. .... I..' TABLE OF CONTENTS ..- , I. I .- -- , --s i --. page ...... ... -_ 2%.- *,..'. I. I. PRELMINARY STATEMENT ........................................................... ...... :........ ::. .... -' 1 II. T.HE COMPLAINT .......................................................................................................-<.. 2 .- 1. * I : ... 111. BACKGROUND .................................................. .I ........................................................ 4 \- A. Citizen Change: Concept and Strategy ............................................................. I 4 .. ........ €3. Citizen Change's Formation ..................................................................i ........... 6 C. Citizen Change Was a Broad Media Campaign ..................... '.................. !.- .......- i 7 D. Citizen Change Uses Radio As Well As TV ln4ts Media Campai.gn :...,1...;..:!3.- 9 . .- ,. Citizen Change Uses Print Medium And T-shirts : .. % E. ............ .............................- .-:. 9 F. Celebrity Endorsements Were Used to Spread The "Vote or Die" - - .. ' I. Message ................................................................................... ;........:.:.... ;;;..'...,.: .. 1.0 . Citizen Change Cell the Web and the Streets To iReach+ : *-:. G. Uses Phones, -- Young Voters ...................................................................................... ....L..:..:... 10 H. Citizen Change Coordinated Six Celebrity Rallies............................................ .. .11 . I. Expenses Demonstrate That Citizen Change Was A Media Campaign ..............1l .... .- ,I w. ANALYSIS ........................................................................................... :.......:..A ............ 12 A. Citizen Change Was a Borad Non-Paitisan Media Campaign That DidSNot Engage In Impermissible Electioneering ............................................................12 1. Citizen Change Was Fundamentally a Media Campaign ................8. ..... 13 2. The Message of Citizen Change Was Voter Mobilization ......;..: .....I: ..... I 14 3. Republicans Funded and Actively Participated in the Camp aim.......... 1.8 4. Citizen Change Took Reasonable Measures to Ensure That .Guest Speakers Voiced the Voter Mobilization M.essage, Not Personal Opinions ..................................................................................................1 19 5. The Alleged Statements by Citizen Change's Celebrity Speakii * Were not "Express Advocacy" ............................................................... 22 B. The Purpose of Citizen.. Change Was Voter Mobilization, Not Promoth of a Commercial Activity.................................................................. f ...............-. 22 C. Citizen Change Did Not Coordinate -Its Activities with the Kerry Campa@.. 23 D. Citizen Change Is A Registered '501(c)(3) Organization ................................... 25 V. CONCLUSION.......................................................................... ................................... 23 1 DC1 -229265 01 .I I. PRELIMINARY STATEMENT ' -, . Citizen Change and Sean Combs, through undersigned counsel, submit this response to '. .' *: '. ' - . the November 3, 2005 Complaint filed by the National Legal and Policy Center ('NLPC"), I 1- - 1 ' which alleges that Citizen Change engaged in partisan electioneering on behalf of Senator John Kerry during the 2004 presidential campaign. Citizen Change and Mr. Combs *easily *- LL ,' .- ' :. : a. - demonstrate below that the Complaint is completely without merit and should be dismissed at .. -% I this point in the process. .. 3 . It .. I- '-. ' .I Citizen Change is and continues to be not only non-partisan, but fbcused ,and working -. ,I I. L AI I : . og I.. I . :. 2. * .. L, .. , . .. 8 . diligently on something the two major political parties have not done as well as they should -- ,_' -1 h? - I i-. --. ' , _- ' - Li7 . - '. ,I ' .. *.' u) mobilizing young people to vote -and become involved in the political system. In 2004, Citizen .I .. Cf .I- I qf r4 .. Change made historic strides in turning out young voters through a massive, sophisticated .media I, qr qr, i': campaign that reached out to those voters "in their worlds" -- on-television and radio, in stores :.:, I. and clubs, on the street -- using all the marketing tools rautinely employed by a platinum-selling hip-hop artist, producer and businessman: celebrity endorseients, MTV interviews and spots, I -. Black Entertainment Television programs, slogans, T-shirts, guerilla street marketing, and rallies a' . *: worthy of a rock st&. Its message was defiantly non-partisan. Politicians don't listen -because , . ! you don't vote. Vote or die! a, ' ' The Complaint ignores the primary activities of Citizen Change, despite their very public nature, and instead relies on media characterizations of what appears to be three isolated, spontaneous comments (out of the numerous speeches' and comments made by numerous speakers and celebrities through the campaign) made at two university rallies (out of the total of six rallies that were held -and -out of a total of hundreds of other media events) to support its 1 DC1 - 228478 03 .- . '- . *.. '.I .. - , 1 I- I *" -I :. I r:-.- , -. - i 1- aUega&ns. The factual record attached clearly demonstrates that the NLPC's allegations -1 I. - -I '. a .I ' .: I ' QI~ already weak &ir face - do not' merit further investigation or consideration. '.%', - ,II I . 3- -- 1- , :I .I I 11. THE COMPLAINT 8. .. I. -1 - >. The first allegation the Complaint is that the activities of Citizen Change and Sei . :' in I. ,. ,I I - -.:, )m ' Comb were "impermissible electioneering." To support .this claim, the NLPC ,expands upon . - .. *-. -* 1. - t.. 1 i ,- I._.. wgat is actually one statement made by Mr. Combs about President Bush before Citizen Ch&ge . , .. : ~ - I .. was established and four media reports of -two university rallies coordinated +by Citizen Change. 1 .I (Complaint, 2 citing a Rolling Stone article *&om February 9, 2004 and four news accounts . ,. mi *.- : 1*- -..'. I. ..*.. -! ." ;, dZ* - _r describing rallies at Wayne State University in Detroit and Temple University in Philadelpkiia.) . ' *-.. .-I 1 L' ,I ' -. - ,% - 'I , -'Tie f0ij.r media reports relied upon for the totality of the'\ "electioneering" allegations are I :. A local TV station, through its website ClickOnDetroit.com, characteri.zed I .. SI , * ... the celebrity speakers as "supporting Democratic candidate Sen., J& . -. .. I. Kerry." (Complaint, 3). *. a. ' _- .- ,. *. :. The Detroit Free Press characterized the same rally as "[o]fficially..: i nonpartisan, but most ofthe crowd and stars favored U.S. Senator John Kerry." The article also states that celebrity speaker Leonardo DiCaprio told the crowd he supports John Kerry. 04.) 1 I 0 A Detroit student newspaper covering the same rally quotes Detroit I ! Mayor Kwame Kilpatrick and then states that "Kilpatrick admitted that the I I I . 2 DC1 -228478 03 I t i I i 1i event was supposed to be non-partisan, but he voiced his.opinion< * 't'., -- {.- -. sayin&,. .& : '. ,-. , .:':, .' c 1.. I I!, I !I ,?is . -_ 'It's my mic and it's my town. I'm *goingto say what I want."@.);.. - , ' , , '-..;, . * 1. .,, , -, P, - ' .. , .. c ..% I : * .. I, .. -.; u ..: I ' The fourth media report concerned the Philadelphia rally: , 1 -. I \- . .I_ t,, >. - I- -- . '..I A student newspaper, without any specific quotes, :states that "sever'al of .#+, s" Et: , i the events opening acts express anti-Bush sentiments" &id &at "Mary J. ,, , &;'. I' . - : . I -. [ Blige voiced her concerns with the current administration;.'' LiCoinghaht, 5. , I - .. -.. i : <.. I - -..- . -. - ' I' :- . - -. .- I . --,f';.-" I * , ;..' )"' -, , . :.' 1 . Wl No dher support or allegations other than media characterizations ase set forth 'regaiding.I#' I 1. ..; - .' Is? ~ ' -... "electioneering'9- --. none- &om the four other rallies Citizen Change coorciinated, - I.. &ne: :gam qr id I a, .L 'q . ~ .-/ 1-1 s the h&dreds of other highly publicized media events and outlets usqd by Citizen Chage in 2904 qr q[ ' to promoteI its message. E3 I .. The NLPC's third allegation is that the purpose behind Citizen Change was the 3 I DC1 - 228478 03 I- ,* 'I t donor and Clinton enthusiast" Ran Burkle inspired Mr. Combs to found... 1 Citizen<'C@z&e.- -c ** 8,.+-..y,*, ;;; ' a.
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