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For Congress CHABOT FOR CONGRESS November 17,2017 Federal Election Commission h Office of Complaints Examination and Legal Administration ATTN: Kathrj'n Ross, Paralegal § 999 E Street, NW i Washington, D.C. 20436 RE: MUR NO. 7272 Dear Commissioners: I am writing on behalf of Congressman Steve Chabot and Cliabot for Congress as its Treasurer (referred to collectively as "we") in response to MUR NO. 7272. We have the unenviable, if not impossible, task of proving not only a negative, but also proving a negative about which no actual information or evidence has been produced by the complainant, J. Whitfield Larrabee. Despite the lack of evidence provided in Mr. Larrabee's complaint (the "Complaint"), we have been able to uncover, contrary to Mr. Larrabee's allegations, that the contribution to Chabot for Congress in question was made at a time during which the contributor (Edward Kutler) did not represent Ukrainian interests. As detailed below, this evidence vitiates the entire Complaint as it relates to Congressman Steve Chabot and his campaign, Chabot for Congress. In MUR NO. 7272, Mr. Larrabee charges 24 different parties for their involvement in a vaguely-defined intemational conspiracy to "corrupt[] the 2014 primary and general elections, the deliberations of the United States Senate and the deliberations of the United States House of Representatives.'" As evidence of this conspiracy, Mr. Larrabee cites fees received by numerous registered lobbyists from several Ukrainian interests, including (as it pertains to this response) the European Centre For a Modem Ukraine ("ECFMU"). Mr. Larrabee did not name Congressman Chabot nor his campaign as a party to the Complaint, nor did he provide any evidence that either were a party to this alleged conspiracy. Instead, he provided one fact (the existence of a $500 political contribution) that he suggests alone justifies further investigation. ' See MUR NO. 7272, paragraph 1. Paid for Chabot for Congress The following is the entirety of the reference to Congressman Chabot and his campaign in Mr. Larrabee's complaint: "Federal Election Commission records show the following contribution from Kutler to Steve Chabot for Congress: Contributor Name Recipient State Employer Receipt Date Amount Kutler, Edward Steve Chabot for Congress VA Mercury Instruments 07/16/2014 $500.00 "Steven Chabot is a Member of the House of Representatives from the 1" Congressionai District in Ohio who aiso served on the House Foreign Affairs Committee in 2013 and 2014. it is iikeiy that this contribution was made in furtherance of the iobbyists' scheme to contribute funds from the Party of Regions and the ECFMU to federal candidates. Further investigation of Steven Chabot's and Steve Chabot for Congress' involvement in this scheme is warranted."^ Again, Mr. Larrabee provides no evidence of wrongdoing on the part of Congressman Chabot or his campaign. And he doesn't really make a claim, or levy a charge. He just suggests maybe this particular contribution should be investigated. Well, we have investigated the contribution, and here is what we've found. According to FEC records, the $500 contribution referenced by Mr. Larrabee was made by Ed Kutler to Chabot for Congress on July 16,2014. However, based on filings made on April 28,2017, neither Ed Kutler nor his employer. Mercury Public Affairs, represented the European Centre for a Modern Ukraine at the time the contribution was made. According to those filings. Mercury and Kutler terminated their representation of ECFMU on May 8,2014, more than two months before Mr. Kutler contributed to Chabot for Congress.^ Mr. Larrabee knew, or should have known, this to be true before he filed the Complaint, as he references Mercury's filings on numerous occasions.^ In at least two separate places on its Supplemental FARA for the Six Month Period Ending 5/8/14 (and amendment). Mercury discloses that its representation of ECFMU ended in May 2014.^ But, that is not all that Mr. Larrabee knew from reading Mercury's FARA filings. In those filings, which cover periods ranging from April, 2012 until May 8, 2014, over 200 contributions made by Mercury employees are listed. Additionally, nearly 50 contacts between Mercury employees or clients and Members of Congress or their staffs or committee staffs are disclosed. And yet, not one of those more than 250 separate disclosures mentions Congressman Steve Chabot or his campaign committee.^ ^ See MUR NO. 7272, paragraphs S3 and 54. ' See Exhibit A: Mercury FARA Filings, April 28,2017. * See MUR NO. 7272, paragraphs 26-30,60-61. ^ See Exhibit A, speciflcaily the May 8, 2014 Supplemental FARA, question 7 (page 3), and question 11 (page 10). ^See Exhibit A. Paid for Chabot for Congress Given the lack of evidence contained within the Complaint regarding Congressman Chabot and his campaign, it would certainly appear as if Mr. Larrabee is also unaware of any evidence outside of these filings directly implicating Congressman Chabot or his campaign. If that is not enough evidence that Mr. Larrabee's reference to Congressman Chabot is baseless, Congressman Chabot's own words prove he was not a party to Mr. Larrabee's alleged international conspiracy. To the extent that the grand conspiracy alleged by Mr. Larrabee is comprehensible from the Complaint, it appears it consisted, in Mr. Larrabee's words, of efforts by several lobbyists and lobbying firms, led by Paul J. Manafort, Jr., to provide campaign contributions to Members of Congress from foreign sources related to the Ukrainian and Russian governments. These contributions were part of a scheme to "gain positive press coverage of [former Ukrainian President Viktor Yaniikovych and other] Ukrainian officials," "water down or defeat a resolution (H. Res. 28) under consideration in the House condemning the persecution of Yulia Tymeshenko, an opponent of Yanukovych in the 2010 Ukraine election," and to help "promote Russian interests in the former Soviet republics, to undermine anti-Russia opposition in the United States, and to benefit the [Vladimir] Putin government."^ While there is no earthly manner in which Congressman Chabot or his campaign can confirm or deny the existence of the alleged conspiracy, other than to say that neither he nor his campaign participated in such a conspiracy, nor do they have any knowledge or evidence to provide regarding such a scheme. Congressman Chabot has made his position regarding Yanukovych, Putin and the Russian invasion of Ukraine crystal clear. Specifically, Congressman.Chabot maintains a political blog on his campaign website, and we have attached several entries that reference Ukraine, Putin and the Russian invasion of Crimea.' On at least two separate occasions on his campaign blog alone. Congressman Chabot referred to Vladimir Putin as a "thug."' Additionally, in that same fomm, he publicly advised President Trump to pressure Putin to exit Crimea on at least two occasions." He also dedicated an entire blog entiy to the efforts of Putin to "bully" former Soviet republics and repeatedly criticized Putin's aggression towards those countries." Regarding Mr. Yanukovych, Congressman Chabot referred to him as "particularly corrupt," charged that he "had his opponent [Yulia Tymeshenko] in the presidential election imprisoned on trumped-up charges," and that he ordered his "thugs" to "viciously attack[] and beat[] peaceful protestors."" All of these blog entries are readily available on Congressman Chabot's campaign page (www.stevechabot.com'>. which is the fourth website that appears when "Steve Chabot" is googled. ' See MUR NO. 7272, paragraphs 38,40 and 43. ^ See Exhibit B; Chabot Campaign Blog Entries. ^ See Exhibit B, specifically blogs dated 1/18/17 and 3/8/17. " See Exhibit B, specifically blogs dated 1/18/17 and 7/S/17. " See Exhibit B. specifically blogs dated 5/21/14, 7/23/14,8/27/14,9/24/14,1/13/16,4/20/17, and 8/17/16. " See Exhibit B, specifically blog dated 5/21/14. Paid for Chabot for Congress But, maybe Mr. Larrabee is simply unaware of how Google works. By simply "googling" his name (J. Whitfield Larrabee), here is what we found. In the past 18 months in addition to MUR NO. 7272, Mr. Larrabee has filed numerous complaints against Republicans, including: an ethics complaint in Florida against then-candidate Donald Trump and Florida Attorney General Pam Bondi (which was dismissed for lack of evidence); complaints with the IRS against Trump and Paul Manafort; a request that a federal criminal investigation be launched against Attorney General Jeff Sessions; and bar association complaints against Sessions, Manafort, and former White House Chief of StaffReince Priebiis in Alabama, Connecticut and Wisconsin respectively." On his Twitter feed (@jwlarrabee), Mr. Larrabee regularly rants against Republicans, particularly those in the Trump Administration, and praises Democratic initiatives, such as Senator Bemie Sanders' Medicare for All Plan and the "Resistance" movement. More significantly, he actively promotes the media coverage of the many complaints he has filed. In fact, the more you read his Twitter account, the more it appears that the primaiy' purpose of Mr. Larrabee's multitude of complaints is to gain earned media and ^ tamish the targets, rather than actually expose any wrongdoing." Along those same lines, in an August 22, 2016 Orlando Sentinel stoiy about the Trump/Bondi ethics complaint, Mr. Larrabee stated: "What I'm trying to do is prevent what I see as corrupt, unprincipled, bigoted and ruthless individuals from gaining or holding onto political
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