Professional Documents
Culture Documents
New FEC Complaint
New FEC Complaint
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COOLIDGE REAGAN FOUNDATION )
1629 K Street NW, Suite 300 )
Washington, DC 20006 )
Complainant, )
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v. )
)
HILLARY FOR AMERICA, )
FEC ID Number C00575795 )
P.O. Box 5256 )
New York, NY 10185-5256 )
Elizabeth Jones, Treasurer, and )
)
DNC SERVICES CORPORATION / )
DEMOCRATIC NATIONAL COMMITTEE )
FEC ID Number C00010603 )
430 South Capitol Street SE )
Washington, D.C., 20003 )
Virginia McGregor, Treasurer, )
)
Respondents. )
_______________________________________)
VERIFIED COMPLAINT
Introduction
Respondents Hillary for America (“HFA”) and the Democratic National Committee (“DNC”) in
August 2018, alleging they filed false disclosure forms with the Federal Election Commission
(“FEC”). Specifically, HFA and the DNC had tried to mask their payments to Fusion GPS to
prepare the infamous “Steele Dossier”—a collection of lies originating primarily from Russian
sources which HFA and the DNC obtained in a desperate eleventh-hour gambit to smear Donald
Rather than forthrightly acknowledging they had paid Fusion GPS to prepare the Steele
Dossier, HFA and the DNC instead attempted to hide their involvement in its preparation and
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connection to Fusion GPS. They channeled their payments to Fusion GPS through their law firm,
Perkins Coie, and the DNC falsely reported those payments to the FEC as being for legal services
and related purposes. The FEC found probable cause to believe HFA and the DNC violated federal
campaign finance law by falsely reporting the purpose of their payments through Perkins Coie to
Fusion GPS.
Caught in their lie, HFA and the DNC scurried to contain the crisis by entering into
Conciliation Agreements with the FEC. Each agreement states, “Solely for the purpose of settling
this matter expeditiously and to avoid further legal costs, Respondent does not concede, but will
not further contest the Commission’s finding of probable cause to believe.” HFA and the DNC
have breached this agreement by now claiming in federal court that Fusion GPS’s opposition
research into Trump fell within the legal services Perkins Coie was providing and is protected by
attorney-client privilege. HFA’s and the DNC’s renewed attempt to contend Fusion GPS’s
preparation of the Steele Dossier somehow constitutes legal services falling within attorney-client
privilege violates their agreement to refrain from contesting the Commission’s probable-cause
finding that Fusion GPS had not been providing legal services.
PARTIES
501(c)(3) non-profit foundation dedicated to protecting the First Amendment and promoting free
campaign committee registered with the FEC for 2016 Democratic nominee for President Hillary
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3. Respondent DNC SERVICES CORPORATION / DEMOCRATIC NATIONAL
COMMITTEE (“DNC”) is a national political party committee affiliated with the Democratic
Party and registered with the FEC. Its Treasurer is Virginia McGregor.
4. In August 2018, the Foundation filed an Administrative Complaint with the FEC
pursuant to 52 U.S.C. § 30109(a)(1) regarding HFA, the DNC, Perkins Coie, and Christopher
Steele. See Verified Complaint (Aug. 1, 2018), Coolidge Reagan Foundation v. Steele, FEC
MUR 7449. A true and complete copy of the Administrative Complaint is attached as Exhibit 1.
5. The complaint Alleged HFA and the DNC used HFA’s law firm, Perkins Coie, to
hire and funnel over $1 million to “outside research firms” such as Fusion GPS “to perform
Trump. Id. ¶¶ 7-8, 12. This opposition research was “for political purposes, to find damaging
information concerning [Trump] that could be used against him in the campaign.” Id. ¶ 10.
6. The Administrative Complaint alleged, “Because Fusion GPS’s work was to further
HFA’s and the DNC’s political and campaign-related goals, rather than for the purpose of
providing legal advice or assisting with impending or potential litigation, it was not covered by
7. The Administrative Complaint pointed out HFA reported all of its payments to
Perkins Coie throughout 2016 and 2017—including payments made in connection with Fusion
GPS—as being for “LEGAL SERVICES.” Id. ¶ 14. The DNC reported its payments to Perkins
CONSULTING” and “LEGAL AND COMPLIANCE SERVICES,” but none of these claimed
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purposes had anything to do with opposition research, background investigations, Fusion GPS, or
payments to Perkins Coie and failing to disclose the true purpose of those payments, HFA and the
DNC were able to avoid publicly reporting on their statutorily required FEC disclosure forms the
fact that they were paying Fusion GPS to perform opposition research on Trump with the intent of
9. The Administrative Complaint demonstrated HFA and the DNC violated 52 U.S.C.
substantial amount of their payments to Perkins Coie was for opposition research, and Fusion GPS
was the actual recipient of those payments. See Administrative Complaint at 10-14 (Counts I-II).
10. The FEC accepted the Administrative Complaint on August 8, 2018, and designed
it Matter Under Review #7449. A true and complete copy of the FEC’s acknowledgement letter is
included as Exhibit 2.
11. Several years later, following a thorough investigation, the FEC found probable
failing to report the proper purpose of the funds the DNC paid to Perkins Coie for opposition
research performed by Fusion GPS.” Letter from FEC Ass’t Gen. Counsel Mark Allen to Graham
Wilson (Dec. 17, 2021). A true and complete copy of the letter is attached as Exhibit 3.
12. The FEC likewise found probable cause to believe the DNC “violated 52 U.S.C.
§ 30104(b)(5)(A) and (b)(6)(B)(v) and 11 C.F.R. § 104.3(b)(3)(i) by failing to report the proper
purpose of the funds the DNC paid to Perkins Coie for opposition research performed by Fusion
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GPS.” Letter from FEC Ass’t Gen. Counsel Mark Allen to Graham Wilson (Dec. 17, 2021). A true
13. The FEC’s General Counsel explained, “The investigation revealed that the total
amount that the DNC spent on Fusion’s opposition research but reported as ‘legal and compliance
consulting’ was $777,907.97. Similarly, the investigation revealed that the total amount that HFA
spent on Fusion’s opposition research but reported as ‘legal services’ was $180,000.” Second
General Counsel’s Report, DNC Servs. Corp/Democratic National Committee, MURs 7291 &
7449, at 2-3 (June 24, 2021). A true and correct copy of the Second General Counsel’s Report is
attached as Exhibit 5.
14. The General Counsel’s report continued, “The invoices demonstrate that Fusion
was providing opposition research services related to Trump and Russia, and there is no evidence
that Fusion provided services other than this opposition research.” Id. at 4. It declared, “[T]he
documentary evidence provided in discovery confirms the violations the Commission found at the
15. In February 2022, both HFA and the DNC executed Conciliation Agreements with
the FEC “found probable cause to believe” HFA had violated 52 U.S.C. § 30104(b)(5)(A) and its
Agreement, In re Hillary for America, et al., at 1. MURs 7291 and 7449 (Feb. 22, 2022)
[hereinafter, “HFA Agreement”]. A true and complete copy of the HFA Agreement is attached as
Exhibit 6.
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17. The DNC’s Conciliation Agreement contained the same language, but went further,
specifying the FEC also found probable cause to believe the DNC’s “misreporting” had “violated
1, MURs 7291 and 7449 (Feb. 22, 2022) [hereinafter, “DNC Agreement”]. A true and complete
18. Both agreements declare, “Solely for the purpose of settling this matter
expeditiously and to avoid further legal costs, Respondent does not concede, but will not further
19. HFA agreed to pay a fine of $8,000 and refrain from future violations of 52 U.S.C.
§ 30104(b)(5)(A). HFA Agreement ¶ VII(1)-(2). The DNC agreed to pay a fine of $105,000 and
refrain from future violations of 52 U.S.C. § 30104(b)(5)(A) and (b)(6)(B)(v). DNC Agreement
¶ VII(1)-(2).
20. United States v. Sussmann, No. 1:21-CR-582 (D.D.C. filed Sept. 16, 2021), is a
criminal case against former Perkins Coie attorney Michael Sussmann. The Indictment alleges
Sussmann violated 18 U.S.C. § 1001 by lying to the FBI. Specifically, Sussmann is accused of
telling the FBI he was not representing any client when he provided information to the FBI
concerning Donald Trump’s purported links to Russia—links which the FBI ultimately rejected as
spurious. The indictment alleges Sussmann had in fact been representing the Clinton campaign at
the time and provided the information to the FBI in connection with that representation, on his
client’s behalf.
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21. The Government has subpoenaed certain documents from Perkins Coie concerning
Fusion GPS and its investigation of Trump and preparation of the Steele dossier in connection with
this prosecution.
22. HFA and the DNC filed motions to intervene in the lawsuit—which the district
court granted—to assert attorney-client privilege and work-product doctrine over those
documents.
23. A true and complete copy of HFA’s motion is attached as Exhibit 8. See Hillary for
America’s Motion to Intervene, United States v. Sussman, No. 21-582 (CRC), D.E. #86, at 1
24. A true and complete copy of the DNC’s motion is attached as Exhibit 9. Democratic
National Committee’s Motion to Intervene, United States v. Sussman, No. 21-582 (CRC), D.E.
25. HFA’s motion was accompanied by the Declaration of John Podesta, formally
asserting attorney-client privilege and work-product doctrine over Fusion GPS documents. A true
26. HFA’s motion was also accompanied by the Declaration of Campaign Manager
Robert E. Mook. A true and complete copy of the Mook Declaration is Attached as Exhibit 11.
Mook declared under penalty of perjury all of the work Perkins Coie performed, including through
its contractors, “was for the purpose of providing legal services and legal advice to HFA.” Mook
Decl. at ¶ 6.
27. Mook testified under oath in the Sussmann trial that Hillary Clinton personally
approved the plan for the campaign to share opposition research the campaign had compiled
purporting to link Trump to Russia—links the FBI subsequently concluded were unfounded
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partisan lies—with third parties including the press. See, e.g., Marshall Cohen, Hillary Clinton
Personally Approved Plan to Share Trump-Russia Allegation with the Press in 2016, Campaign
derogatory information about Trump further confirms it was not obtained for legal research
purposes (and its public disclosure of such information would vitiate any attempt to assert privilege
over it).
CAUSES OF ACTION
28. The foregoing paragraphs are re-alleged as if fully set forth herein.
29. The FEC found probable cause to believe HFA and the DNC violated federal law
by filing false campaign finance disclosure reports with the Commission. Specifically, HFA and
the DNC falsely claimed payments made to Perkins Coie in connection with Fusion GPS’s
opposition research and investigations into Trump to prepare the salacious and fraudulent Steele
Dossier were for the purpose of legal services. In reality, Fusion GPS’s investigation into Trump
and preparation of the Steele Dossier were for political purposes and not for the purpose of
30. HFA and the DNC entered into Conciliation Agreements with the FEC stating,
“Solely for the purpose of settling this matter expeditiously and to avoid further legal costs,
Respondent does not concede, but will not further contest the Commission’s finding of
(emphasis added).
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31. Despite these agreements, both HFA and the DNC have intervened in United States
v. Sussmann to assert attorney-client privilege and work-product doctrine over documents Fusion
GPS prepared and provided in connection with its opposition research into Trump and preparation
32. HFA’s and the DNC’s intervention, arguments, and supporting declarations in
United States v. Sussmann violate their agreement to “not further contest the Commission’s finding
of probable cause to believe” Fusion GPS’s opposition research into Trump and preparation of the
33. The Conciliation Agreements specify the Commission may “review compliance”
with the agreements “on request of anyone filing a complaint under 52 U.S.C. § 30109(a)(1).”
WHEREFORE the Commission should conclude HFA and the DNC breached their Conciliation
Agreements with the FEC and institute a civil action for relief in the U.S. District Court for the
District of Columbia.