Citizens for Responsibility and Ethics in Washington And
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Case 1:15-cv-02038-RC Document 19-1 Filed 07/28/16 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON, et al., ) ) Plaintiffs, ) Civil Action No. 15-2038 (RC) ) v. ) ) FEDERAL ELECTION COMMISSION, ) ) Defendant. ) __________________________________________) DECLARATION OF STUART C. MCPHAIL IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT I, STUART C. MCPHAIL, hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct: 1. I am an attorney licensed to practice law in the District of Columbia, California, and New York. I am admitted to practice before this Court pro hac vice and my application for admission to the United States District Court for the District of Columbia is currently pending. I am counsel of record for Plaintiffs Citizens for Responsibility and Ethics in Washington and Melanie Sloan. I am personally familiar with the facts set forth herein, unless the context indicates otherwise. 2. Attached hereto as Exhibit 1 is a true and correct copy the website titled “Directory of Representatives” published by the United States House of Representatives, as it appeared on the website http://www.house.gov/representatives/ on July 21, 2016. 3. Attached hereto as Exhibit 2 are true and correct copies of the website titled “Political Nonprofits (Dark Money)” published by the Center for Responsive Politics, with either 1 Case 1:15-cv-02038-RC Document 19-1 Filed 07/28/16 Page 2 of 4 the “Cycle to Date” or “Total Cycle” metrics selected, as they appeared on the website http://www.opensecrets.org/outsidespending/nonprof_summ.php?cycle=2016&type=type&range =tot on July 21, 2016. 4. Attached hereto as Exhibit 3 is a true and correct copy of the article titled “Advertising surges in presidential race; dark money dominating Senate contests,” by Robert Maguire and published by the Center for Responsive Politics on May 13, 2016, as it appeared on the website http://www.opensecrets.org/news/2016/05/advertising-surges-in-presidential-race- dark-money-dominating-senate-contests/ on July 21, 2016. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Brennan Center for Justice report titled “Secret Spending in the States” published June 26, 2016 and available at https://www.brennancenter.org/sites/default/files/analysis/Secret_Spending_in_the_States.pdf. 6. Attached hereto as Exhibit 5 is a true and correct copy of the article titled “IRS approves tax-exempt status of Crossroads GPS after more than five years,” by Matea Gold and published by the Washington Post on February 9, 2016, as it appeared on the website https://www.washingtonpost.com/news/post-politics/wp/2016/02/09/irs-approves-tax-exempt- status-of-crossroads-gps-after-more-than-five-years/ on July 21, 2016. 7. Attached hereto as Exhibit 6 are true and correct copies of FEC Summaries of Reports for Crossroads GPS providing summaries of Crossroads GPS’s independent expenditure reports for the two-year periods ending in 2012 and 2014, accessed through the FEC’s database available at http://www.fec.gov/fecviewer/CandidateCommitteeDetail.do by searching for Crossroads Grassroots Policy Strategies, as the summaries appeared on July 21, 2016. 8. Attached hereto as Exhibit 7 are true and correct copies of FEC Summaries of Reports for American Action Network providing summaries of American Action Network’s 2 Case 1:15-cv-02038-RC Document 19-1 Filed 07/28/16 Page 3 of 4 independent expenditure reports for the two-year periods ending 2012, 2014, and 2016 accessed through the FEC’s database available at http://www.fec.gov/fecviewer/CandidateCommittee Detail.do by searching for American Action Network, as the summaries appeared on July 21, 2016. 9. Attached hereto as Exhibit 8 is a true and correct copy of the website titled “Top Election Spenders” published by the Center for Responsive Politics, as it appeared on the website https://www.opensecrets.org/dark-money/top-election-spenders.php on July 21, 2016. 10. Attached hereto as Exhibit 9 is a true and correct excerpt of a copy of the Arizona Future Funds Form 990-EZ, filed with the IRS on February 12, 2014 and available through CitizenAudit.org. 11. Attached hereto as Exhibit 10 is a true and correct copy the conciliation agreement entered between Arizona Future Fund and the Arizona Citizens Clean Elections Commission in In re Arizona Future Fund, MUR No. 14-014, on December 18, 2014. 12. Attached hereto as Exhibit 11 is a true and correct copy of a December 23, 2014 email sent from William B. Canfield III to Sara Larsen of the Arizona Citizens Clean Elections Commission and an attachment detailing Arizona Future Fund’s independent expenditures. 13. Attached hereto as Exhibit 12 is a true and correct copy the article “Inside the GOP’s Effort to Consolidate the Super Pac Universe,” by Reid Wilson and published by the Morning Consult on March 24, 2016, as it appeared on the website https://morningconsult.com/2016/03/24/inside-the-gops-effort-to-consolidate-the-super-pac- universe/ on July 21, 2016. 14. Attached hereto as Exhibit 13 is a true and correct advance copy of the article “Representing the Preferences of Donors, Partisans, and Voters in the US Senate,” by Michael J. 3 Case 1:15-cv-02038-RC Document 19-1 Filed 07/28/16 Page 4 of 4 Barber and published by the Public Opinion Quarterly on March 16, 2016, as it appeared on the website http://poq.oxfordjournals.org/content/early/2016/03/15/poq.nfw004.full.pdf on July 21, 2016. 15. Attached hereto as Exhibit 14 is a true and correct advance copy of the article “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens,” by Martin Gilens and Benjamin I. Page and published by Perspectives on Policy on September 18, 2016, as it appeared on the website https://scholar.princeton.edu/sites/default/files/mgilens/files/ gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf on July 21, 2016. 16. Attached hereto as Exhibit 15 is a true and correct copy of the of Statement of Reasons of Vice Chairman Scott E. Thomas and Commissioners John Warren McGarry, Danny Lee McDonald, and Trevor Potter, issued in Matter Under Review 2804 and signed on July 27, 1992, available on the website http://www.fec.gov/disclosure_data/mur/2804_B.pdf. 17. Attached hereto as Exhibit 16 is a true and correct copy of the Conciliation Agreement entered into by Taxpayer Network and the FEC on May 14, 2014 in the Matter Under Review 6413, available on the website http://eqs.fec.gov/eqsdocsMUR/14044353947.pdf. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2016 at Washington, D.C. /s/ Stuart McPhail Stuart C. McPhail 4 Case 1:15-cv-02038-RC Document 19-2 Filed 07/28/16 Page 1 of 24 Exhibit 1 7/21/2016 Case 1:15-cv-02038-RC DocumentDirectory of Re p19-2resenta t iv eFileds · Hou s07/28/16e.gov Page 2 of 24 114th Congress, 2nd Session · The House is not in session Directory of Representatives Key to Room Codes Also referred to as a congressman or congresswoman, each representative is elected to a twoyear term serving the CHOB: Cannon House Office Building people of a specific congressional district. The number of voting representatives in the House is fixed by law at no more than 435, proportionally representing the population of the 50 states. Currently, there are five delegates LHOB: Longworth House Office Building representing the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the RHOB: Rayburn House Office Building Northern Mariana Islands. A resident commissioner represents Puerto Rico. Learn more about representatives at The House Explained. View the campus map A Note About Room Numbering A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Alabama District Name Party Room Phone Committee Assignment 1 Byrne, Bradley R 119 CHOB 2022254931 Armed Services Education and the Workforce Rules 2 Roby, Martha R 442 CHOB 2022252901 Appropriations Select Committee on Benghazi 3 Rogers, Mike R 324 CHOB 2022253261 Agriculture Armed Services Homeland Security 4 Aderholt, Robert R 235 CHOB 2022254876 Appropriations 5 Brooks, Mo R 1230 LHOB 2022254801 Armed Services Foreign Affairs Science, Space, and Technology 6 Palmer, Gary R 206 CHOB 2022254921 Oversight and Government Science, Space, and Technology the Budget 7 Sewell, Terri A. D 1133 LHOB 2022252665 Financial Services Intelligence (Permanent) Alaska District Name Party Room Phone Committee Assignment At Large Young, Don R 2314 RHOB 2022255765 Natural Resources Transportation American Samoa District Name Party Room Phone Committee Assignment At Large Radewagen, Amata R 1339 LHOB 2022258577 Natural Resources Small Business Veterans' Affairs http://www.house.gov/representatives/ 1/23 7/21/2016 Case 1:15-cv-02038-RC DocumentDirectory of Re p19-2resenta t iv eFileds · Hou s07/28/16e.gov Page 3 of 24 Arizona District Name Party Room Phone Committee Assignment 1 Kirkpatrick, Ann D 201 CHOB 2022253361 Agriculture Transportation 2 McSally, Martha R 1029 LHOB 2022252542 Armed Services Homeland Security 3 Grijalva, Raul D 1511 LHOB 2022252435 Education and the Workforce Natural Resources 4 Gosar, Paul A. R 504 CHOB 2022252315 Natural Resources Oversight and Government 5 Salmon, Matt R 2349 RHOB 2022252635 Education and the Workforce Foreign Affairs 6 Schweikert, David R 409 CHOB 2022252190 Financial Services 7 Gallego, Ruben D 1218 LHOB 2022254065