Jaime MacNaughton Gene Jamssi 1205 8th Ave. John Heenan PO Box 202401 BISHOP 8: HEENAN Helena, MT 59620-2401 1631 Zimmerman Tr. 406-444-2942 (tel) Billings, MT 59102 jmacnaughton@mt.gov 406-839-9091 (tel) john@bishogandheenan.com Attorney for the Special Attorneys General Commissioner of Political Practices IN THE DISTRICT COURT OF THE STATE OF MONTANA FIRST JUCIDIAL DISTRICT, LEWIS AND CLARK COUNTY The COMMISSIONER OF POLITICAL PRACTICES FOR THE STATE OF MONTANA, through JONATHAN R. MOTL, ac?ng in his of?cial capacity as The Commissioner of Political Practices, Cause No. BDV-2014-251 Plaintiff, Counter-Claim Defendant, DENNIS FUSARO AFFIDAVIT vs. Defendant, Counter-Claimant, and Third Party Plaintiff, - ARTHUR WITTICH, vs. STEVE BULLOCK, BRUCE TUTVEDT, JIM MURRY, JONATHAN MOTL, and JOHN DOES 1-20, Third Party Defendants. STATE OF VIRGINIA :53. County of Warren DENNIS FUSARO, being first duly sworn, deposes and states as follows: 1. I make this Affidavit for the purpose of authenticating the exhibits attached hereto as well as setting forth facts based on my personal knowledge. In this Af?davit I will refer to the following documents, among others: 8: 0036?This is a true and correct copy of a letter that I wrote on November 21, 2013, and sent to the National Right to Work Committee Board Members and Of?cers. I also released it publicly. (A copy is attached hereto as Ex. 1). 2151 is a chain of emails. The original email is dated May 19, 2010, and was authored by Jared Gamble, an employee of I was a recipient of this email. I know that Gamble (now deceased) was the author of this email because of the subject matter of the email?"Game Plan.? The contents of the email re?ect how campaign workers in Kentucky were going to be dispersed to other states following the 2010 Kentucky primary election. This was the "Game Plan? after the Kentucky primary election. (A copy is attached hereto as Ex. 2). I knew the four individuals (Jenny, Casey, Shawn and Sam) being sent to Montana to work for the LeFers to be ?eld staff under the direction and control of Dimitri Kesari. (See 113 below). 2. is a 501(c)(4) organization. 2 I was a employee from 2002 through August of 2007. I then left my employment with to form my own company. From December of 2008 through June of 2009, my company was retained to provide services to Mid-America Right to Work, which is an affiliate of From July of 2009 through January 31, 2011, I was again an employee of 3. In 2010, Mark Mix was president of and Doug Stafford was one of two vice-presidents of Dimitri Kesari was director of government affairs for Iedd Coburn was an employee of Christian LeFer, an employee of RTWC, was in Montana and to the best of my knowledge was executive director of Montana Citizens for Right to Work. His immediate supervisor was Kesari. In 2010, sent me to Iowa for the 2010 Iowa elections. Kesari was the supervisor of the 2010 campaign efforts of and Mid- America Right to Work and associated entities in Iowa and Montana. Kesari supervised the Montana Citizens for Right to Work and Christian LeFer?s work in the 2010 Montana election. Stafford also a supervised the Iowa and Montana 2010 campaign efforts. I personally observed how Mid-America Right to Work Committee and its staff as well as employees of interacted with campaigns in Iowa in 2010. 4. One of the reasons I wrote the November 21, 2013, letter (Ex. 1) was beCause I became aware that documents were found in Colorado that related to 3 Christian LeFer?s election work in Montana. By writing this letter, it was my intent to put on the record to the board members that I believed that things had been done improPerly and possibly illegally. For example, I believe, based on my work experience and personal observations and my daily interaction with co-workers during the 2010 Iowa campaign, that and associated entities, including Mid-America Right to Work, provided campaign services of value printed materials) that were not reported or disclosed on campaign finance reports or were reported/ disclosed at less than fair market value. I believed that these same issues also existed in Montana because Montana (Christian LeFer) was supervised by Kesari (who supervised Iowa) and the election programs were essentially the same, as will be explained below. In my View, this is, at a minimum, improper and possibly illegal. Ex. 3 attached hereto is a copy of pages 18 through 45 of my deposition taken on November 20, 2015. Starting on page 20, I set forth each campaign irregularity that I listed in Ex. 1 (including the irregularity explained in the preceding paragraph) and explain my basis for the concern in Iowa as well as Montana. I adopt my explanation as if set forth in full in this af?davit In general, the irregularities involved providing labor, skilled services computer work, copy writing), printing, mail preparation, and equipment usage for the benefit of candidates at reduced costs and even, at times, free. 5. Attached hereto as Ex. 4 is a copy of an email dated?February 28, 2010, from Christian LeFer to Sarah Anderson with a c0py to Andrew O?Neill. The subject is: SmartSimpleCampaigns.com This Exhibit is an outline of various elements of a direct mail campaign plan with which I am familiar based on my years of working for/ with what we did in Iowa in 2010, and what I learned at various training seminars, including a seminar in Chicago that I attended along with Christian LeFer in July of 2010. I have also attended other campaign seminars in which Christian LeFer was also in attendance. I have done most of the steps outlined in this document in my own professional capacity. Exhibit 4 sets forth the direct mail program that was essentially run, facilitated, and funded, either in part or in whole, depending on the candidate, by and associated entities such as Mid-America Right to Work in Iowa in 2010. In some cases the copywriting for the candidate mailings was done by employees of in Virginia and then e-mailed to ?eld staff using e- mail addresses. The provided us in Iowa as well as Montana with voter lists compiled by phone bank surveying, asking people on the voter file certain questions and documenting their answers in order to pro?le them on various issues. This phone banking was done by personnel. Before I employed the direct campaign on behalf of a candidate, I always talked to him/ her beforehand so that they understood what it entailed. I explained the use of letters written by others (the candidate would see these before they were sent out so that they would have input in case editing was necessary), the use of issue letters, the e? letter, the ?final? letter, etc. 6. Exhibit 5 is a document referring to Direct Mail 8: Communications, Inc. I am only vaguely familiar with this business, but it is my understanding that it was Christian and Allison LeFer?s for-pro?t print shop. In Iowa, some of the same printing equipment shown the Riso) on Ex. 5 was used in the campaigns. It was the use, and billing for the use, of this equipment that I am referring to in 1[4(e) of my November 21, 2013, letter (Ex. 1). 7. The first page of Exhibit 6 attached hereto is a copy of an email from Iedd Coburn to Allison LeFer and Christian LeFer. The subject is: MI GUNS PDFs I personally know Jedd Cobum In 2010 he was an employee of I belieVe his title was "Director of Communications.? He was the chief copywriter for letters such as the one included in this Exhibit, and he supervised other writers under him. Coburn reported to Doug Stafford, and he worked in coordination with Kesari, myself and others in various states. The @nrtw.org shows that this is from Coburn, using NRTW email. I and other staffers in Iowa received similar emails and attachments. They were written by the copywriters back at National in Virginia, and these letters 6 advocated for the election of the named candidate based on their stand on the particular issue. Letters like the Wittich letter (Ex. 6, pgs. 3-5) are part of the direct campaign. This letter is what we refer to as a gun? letter. There were similar letters by Coburn or his underlings on other issues such as life, taxes, government spending, and right to work. See, for example, Exhibit 7 which is a drafted ?life? letter. The direct mail campaign concludes with a ?final? letter, which is basically a reiteration of where the candidate stands on a range of issue that make him the conservative Republican in a primary election. Exhibit 8 is drafted "final" letter. While it may have been edited into the ?nal form shown here, I know it was drafted by because of the format and writing style shown in the letter. Another part of the direct mail campaign was the ?wife? letter. Exhibit 9 is an example of a "wife" letter. ?Wife? letters are typically written on stationary (pastel colored). The content is based on a questionnaire completed by a male candidate?s wife. The intent is to convey the wife?s view as to why her husband would make a good office holder. While I did not see this particular letter in 2010, we employed wife letters in Iowa in 2010, and I can identify this as a direct mail ?wife? letter based on the style and content. The letters listed and described in this paragraph are letters referred to on page 2 of Exhibit 4. 8. In this paragraph I will identify certain individuals, entities and their inter- relationship with National gun Owners Alliance is a nonpro?t entity that has some limited membership and does surveys, including candidate surveys. Because of my work in the gun rights movement, I was asked if I would be president as well as sign letters. I agreed and gave them permission to use my signature. NGOA has connections to In 2010 I was also an employee of In addition, an individual named Shawn Gerety was a board member of NGOA as well as an employee of RTWC Telecommunications Center. In 2010 Mary]. King was executive director of National Pro-Life Alliance and was also an employee of The listed address for the National Pro-Life Alliance is the home address of Steve Antosh, who was associated with National League of Taxpayers. In 2010 Gary Paumen was the executive director of National League of Taxpayers. I believe that he was also on the board of directors of NGOA. The listed address for the National League of Taxpayers is in the same building where and the Legal Defense Foundation of?ce. Steve Antosh has an office in this same building and I believe that the National Pro-Life Alliance also has its of?ces in this building. The NGOA, National Pro-Life Alliance and the National League of Taxpayers are what I refer to as "issue entities.? They send surveys to all of the candidates and 8 then report the survey results to the media, voters, interested parties and their members. 9. Attached as Exs. 10, 11 8: 12 are candidate survey letters sent by NGOA, . signed by me as president, National Pro-Life Alliance, signed by Mary J. King as executive director, and National League of Taxpayers, signed by Gary Paumen. While I did not see these letters in 2010, I am very familiar with such letters, based on my professional experience with elections through my employment and professional association .with and its af?liated groups, and with these issue groups. These exhibits (Exs. 10-12) are good eXamples of candidate survey letters utilized by these issue groups during election cycles. Attached as Exs. 13 8: 14 are survey report letters sent by NGOA (bearing my signature) and National Pro-Life Alliance to the media, voters and other interested parties. Again, I did not see these particular letters in 2010; but, based on my campaign experience with and its af?liated entities, and these issue groups, these exhibits are good examples of survey result letters utilized by these issue groups. As re?ected by the dates on these letters, they are sent out near the date of the election. Those of us who have used the candidate direct mail program learned long ago (and this has been reiterated in seminars that I have attended) that mail sent close to the date of an election has more impact on potential voters than mail sent weeks or months before an election. The letters speak for themselves, but as typical in survey report letters sent by these groups, one candidate is lauded and his opponent is criticized. 10. Attached as Ex 15 is a letter dated May 24, 2010, on Montana Citizens for Right to Work letterhead and signed by Christian LeFer as Executive Director. While I did not see this particular letter in 2010, it is similar to what we used in Iowa and other places. My familiarity with this letter is based on my work for and Mid-America Right to Work in the 2010 election cycle. The letter speaks for itself, but it touts a candidate (in this case candidate Boniek) and criticizes the other candidate (candidate Esp in this case). 11. Based on the direct mail documents attached hereto and my experience a with and its affiliated entities as described above, it is clear to me that the letter campaign undertaken on behalf of Mr. Wittich followed the mail template implemented and directed by Kesari and Stafford at the direction of and the facilitation and the funding of Mark Mix with funds out of the Further affiant sayeth not. DATED January 6. ,2016,in Warren Co. .Virginia. WW Dennis Fusaro STATE OF VIRGINIA 33 County of Warren Dermis Fusaro, being first duly sworn, deposes and says: 10 That he is the person named in the above-entitled action; that he has read the foregoing Affidavit and knows the contents thereof, and that the matters and things therein stated are true of his own knowledge. smug/w? Dennis Fusaro SUBSCRIBED and SWORN to before me this QM day of January, 2016. gigs Meg?s, No 0 Reamng 3:52 WK 5 :17 i 8 Emma?? i 3.5 Each 07% Notary Pubhc for the State of Virgirua a 4' ,9 ~ng Residing at 9'64"? or ??39 My Commission Expires: ?1 11 Ln- Job . .I. I wa.? "lo. .L.. Novombo?rti, 2,013 Membors . matad?o??t?d??o? 22160 ViAErn'oli and Of?cer: Evonts in Montana involvingthe shenanigans of Christian Leia;- annjonnor Namcpirect'orof Government Dimitri kgsari hm led me to communicate to yon. The irr?spohst is notions of .Prosid?nt mane Mixa'mi to take actions hgiia pt'rtme in a tiltiin position. When {got into poiit'ics and pubiic poiicy in the: iate 39305, I did not ?agra? to join some sort of white-coho? Cosa Nesta, nor i accept some tort of claim that l'ain bound hi3}: Ornena. - Th?'erids?o notju?l?tiie means. Andie?sug'chr'ist is the standard, arbitrary ethics ofsgmeone like Huck and his prot?s? Mikn the; ac'ihidicotion of powoi'. it is o?aiit sorting out Jaw; Christ. i know! have ?iie?i in it'is'iime you recogning thatyour management iezdershiphas done so, too. . We are suppos ed to he the good guys anti gais. We nro notsuppogod to adopt thor methods ofthe Union Bosses. . . i nigh yeti to'c'iean'up ?durown hous'e'betore the had gmlate 2003 iowa Rep. Kent Sorenson recanted the gift from .9 registered hobbyist; Alina Sever; (now Aiina Waggoner) titan airline ttcicatto fivto a sanrinar?in christigrgxas,? toici the. Nationai ?ight to Work Committee. Aiina Was oinpioyad by Mid-America?ight to.ka Committee, hut Dirhitri Kesa'ri, an employee ofthe?ationai Rightto Wong Committee, had him and ?re authority over her. i brought this to the attention of Mark Mix and Doug Stafford, Dimitri?; employers and sUpervisors at the Gong mittee. i honored at the tithe, and still do,that this is avioiation ofthe iuwa Ethics Law. Mr. Mix refused to deai with it and toid me notto tail hint about these sorts ofthinas. - . 2) in the 2008 and 2010 election cycles sewer-oi current and past candidat?s oriegisiotors received contributions to their pampaigns that were unreported-either coinpi?teiy at in part. .?ihes'e contributions conskted ofmateriai ?oods and iabor sen/ices. These thins-mi value given to candidates to advance his or her campaign Were either not reported, orgf?ey were subsidized so that part ofthe value-given can only be understood as an In-idnd contribution: These' I @9941. *nirnin'mz?r '?6o'?br??ouoh?s? ii'" I lion?- coo-Leo,? - - uoc-wnucgu- 0- .- dud-?do- -.. . snowmen? . Whmd'?lsic?omwo - I ?31 fiasco fabulous this in the in lowa. The mom you regular. .ljelieve-ihe almost-tore man {moment-here bison involved to some . .- intent? an apparent violation of lows (and possibly other-states) campaign 'and election iaw s. -. - A. .eneids?ff'fpmdotn ofrnohies beiopg?i?to magnetism corporate entitl?sworlging in' election districts on the brasserie attire Hiredion ofthelr employer's and supewisor's to assist with the gleam Plimultiple mitigates in Iowa, ohd?othersto'tes. an apparent Violation enjoin. (an?i stares; sentiment: election horse's-s; to the seofcja?f'hehonje; and the are: thatthe contributions I . Cop'y unitingse'rvioes paid out of monies belonging to one or more non-pro?t corporate entities working on the orders end e; the (?rectlon of their employers and memos the assessments were own. and. other stages: This E'eh'gp?arghtuol?auari?er tomes; seems (messages) campaign and ?otilan both his to shooter the epithet that the commute went wormed. . . . . Compote? etiuipmeht belonging to by one comprehenme used hy??hloirees' of. one or more non-pro?t: entities on'the orders and at the or?r'rie of'fioers and entities to l?tte; copy to advean eleation of?iuhlple's?ahe mitigates carom, Ibis is on apparent violation of ham [and possiblvother shins) campaign and election law both es tothe source of the money and thefectthot the conhibutions went damper-he?d. Printing ioborSewioes providedond paid out of monies belonging to one or more non-profit corporate entities working on the orders end at the direction ofthe of?cers and supervisors to assist With the electionofmuitipie candidates In lane, and other states. This is an apparent violation ofiowa (and possibly otherstatesi campaign and election law both as to the source oi the money and the the contributions 'wen't unreponed. Printing and mail preparation equipment owned,or the use of such equipment subsidized, by one or more non-profit corporate entities and well By employees of one or more non-pro?t corporate entities on the orders and at the diredion ofthe dimer: and executive sta?ofthese entities to pmiuce mailing: and other election communications to advance the election of multbiesiate candidates in iowe, end . other states. in some cases campaign volunteers used this corporate equipmentto prepare and produce Such mailings forthe ,candidatesend their campaigns. This is . both as to the source the money and the foot that the contributions want unreported. - . .. . r-on' u" ?uT~s-I 1" o' - . of?ne or maw?an-pro?gcofn??i?e F. usaoromaespageseasedwqae?mng mp?tmybameemeswmeahy pfhe?algc?on; commu?lc??o?s mmem?ngrm?u?em mam - In y?her gains. :Iti s?'q'ne ca?n?aigp wiqnt?e'rg'ufsg?dih? whoth leased of??e EpaE? in bf'epare a"nd produce sudamamng mug their magma This Kali app?rent Violation of 16W: la'y?d b?sllihv others?hte?s} campalgupncl la'wlidth isto'tbe suurceuji? ?i?'mn?efand thafnuthnt'?a? - ., . commits wen: unr?ported. -- - ~1?e prfn?rg In late $3th! 2919 on the was nf M?r? 3M Vicejresgd?m. at- the W.qu Committee. These'tw? rr'ien?qp?wls'ea and ?edihkiv'e'd D'lmiirm?s?d in kisses:qu Government Affairs. . . . . Th?es'e ac?pnsgisq?gp?gi?fg Lawj?tf? Code) What the mveagj??g'r? 1311135 RM: 980 (2910), Pan?l (C116:ng Scleduies), line 3 whlc'h'?sks, ?D'lthh?? org'arilz??oh image 51 any direct or Inglr?ct on Behalf fb} bu??c h??s?icqm'p . ??kdule? Part {begeva thl? atthg ?attens} to?Wprii Commie; ?gsq foi?gio was chede with This Is gaffer Milqu haw ?lm; uprge' mid athar evidence thats'u?h md?k? p?h?ae. I [Helm this shrine l?s?su? Is a prob'lem forihe Rl'glitfco Work Committee whose Chairman, Cornell regldes In gowa. He is; Isa a hpard membetofthe National Right to Work Camn'lltt?e Sincerelyf Dennis Fus?ro 9.0. Box 1829 Front Royal, 540-522-7676 ?Iu From: Lee Stranahan mail: Sent: Monday, August 31, 2015 11:01 AM To: Motl, Jonathan . Subject: Fwd: Game Plan Forwarded message From: Lee Stranahan Date: Sun, Jan l2, 2014 at 1:29 AM Subj eel: Fwd: Game. Plan To: "leestranahanbcb41 - Forwarded message From: Den Fusaro Date: Sat, Jan 11, 2014 at 7:47 PM Subject: Fwd: Gar'ne Plan To: stranshan?zemeilnom . Forwarded message From: Jared Gamble {lat-edema}; Date: Wed. May 19, 2010 at 12:32 PM Subject: Game Plan . To: Josh Pearson Rocco Moffa , cacevarianea?ci-?zemailnon Betsy DeFord Brenden Boudreau upload these too and the next one?s I'm sending. MAKE A FOLDER IN THE CAND FOLDERS THAT SAYS ESSUE MAIL AND JUST PUT THEM ALL IN THERE Begin forwarded message: From: "Jedd Coburn" c@nrtw.o Date: May 6, 2010 5:49:19 AM MDT To: "Allison LeFer" "Christian'LeFer" , "Sarah Anderson"