APPENDIX A

115TH CONGRESS, 2ND SESSION
U.S. HOUSE OF REPRESENTATIVES
COMMITTEE ON ETHICS

IN THE MATTER OF ALLEGATIONS RELATING TO
REPRESENTATIVE RUBEN KIHUEN
SEPTEMBER 26, 2018

Mr. MARCHANT, from the Investigative Subcommittee, submitted the following
REPORT

To the Committee on Ethics

 INVESTIGATIVE SUBCOMMITEE
Kenny Marchant, Texas
Chairman

Yvette D. Clarke, New York
Ranking Member

Jackie Walorski, Indiana

Brian Higgins, New York

REPORT STAFF
Thomas A. Rust, Chief Counsel/Staff Director
Brittney Pescatore, Director of Investigations
C. Ezekiel Ross, Counsel
Katherine L. Dacey, Counsel
Molly N. McCarty, Investigator
Mark Hamilton, Investigative Clerk

ii

 CONTENTS

I. INTRODUCTION .................................................................................... 1
II. PROCEDURAL HISTORY ..................................................................... 2
III. HOUSE RULES, LAWS, REGULATIONS, AND OTHER
STANDARDS OF CONDUCT ...................................................................... 2
IV.

FACTS ................................................................................................... 3

A. D.C. FIRM EMPLOYEE ............................................................................ 3
B. REPRESENTATIVE KIHUEN’S CAMPAIGN STAFFER .................................. 9
C. NEVADA LOBBYIST .............................................................................. 15
D. ALLEGED INAPPROPRIATE BEHAVIOR DIRECTED TOWARDS OTHER
WOMEN ...................................................................................................... 20
V. ANALYSIS ............................................................................................ 22
A. JURISDICTION ....................................................................................... 22
B. SEXUAL HARASSMENT ......................................................................... 23
VI.

RECOMMENDATIONS .................................................................... 31

iii

 115TH CONGRESS, 2ND SESSION
U.S. HOUSE OF REPRESENTATIVES
COMMITTEE ON ETHICS

IN THE MATTER OF ALLEGATIONS RELATING TO
REPRESENTATIVE RUBEN KIHUEN

SEPTEMBER 26, 2018

REPORT OF THE INVESTIGATIVE SUBCOMMITTEE
I.

INTRODUCTION

On December 21, 2017, the Committee on Ethics (Committee), in accordance with House
Rule XI, clause 3, and Committee Rules 10(a)(2) and 18, unanimously voted to establish an
Investigative Subcommittee (ISC) to determine whether Representative Ruben Kihuen
(“Representative Kihuen”) engaged in conduct that constitutes sexual harassment, in violation of
House Rules, law, regulations, or other standards of conduct. In December 2017, multiple news
outlets published articles alleging that Representative Kihuen subjected multiple women, who
were interacting with him as part of their professional responsibilities, to persistent and unwanted
advances between 2013 and 2017. The ISC has concluded its investigation into the allegations,
and summarized its conclusions in this Report. The ISC found Representative Kihuen violated the
Code of Official Conduct by failing to behave in a manner that reflects creditably upon the House
of Representatives and by failing to adhere to the spirit of the House Rule prohibiting sexual
harassment. The ISC thus recommends that the Committee issue a Reproval to Representative
Kihuen for the violations described herein.
Representative Kihuen is a single man who, by his own admission, has dated a significant
number of women. The ISC found that Representative Kihuen’s pursuit of women was relentless
and, at times, extended to women who either worked directly for or indirectly with Representative
Kihuen. Despite Representative Kihuen’s testimony to the contrary, the ISC was presented with
compelling evidence that Representative Kihuen made persistent and unwanted advances directed
toward a D.C. firm employee working with Representative Kihuen while he was a Member of
Congress, a campaign staffer who worked on Representative Kihuen’s successful congressional
campaign, and a lobbyist who worked with Representative Kihuen when he served as a Nevada
State Senator. The ISC found that Representative Kihuen engaged in unwanted physical contact
with each of the aforementioned women and that Representative Kihuen made verbal advances to
each of them that ranged from inappropriate statements to overt sexual aggression. Some of
Representative Kihuen’s inappropriate conduct towards women occurred before Representative
Kihuen was subject to the Committee’s jurisdiction. The ISC found, however, that Representative
Kihuen’s improper behavior continued during his tenure as a Member of the House, and is
therefore governed by the Code of Official Conduct. Accordingly, as discussed fully below, the

 ISC found Representative Kihuen’s actions while he was a Member of the House violated clause
1 and clause 2 of the Code of Official Conduct and recommends that the Committee reprove
Representative Kihuen for those violations.
II.

PROCEDURAL HISTORY

The ISC had its first meeting on January 9, 2018, and immediately began to collect
evidence and gather relevant information pursuant to Committee Rule 19. The ISC met a total of
eleven times in the instant matter. The ISC issued voluntary requests for information to
Representative Kihuen and six other individuals. In total, the ISC reviewed over 2,700 pages of
materials and interviewed twelve witnesses, including multiple witnesses who have publicly raised
allegations against Representative Kihuen, multiple corroborating witnesses, members of
Representative Kihuen’s campaign and congressional staffs, character witnesses proffered by
Representative Kihuen, and Representative Kihuen himself. Representative Kihuen appeared
voluntarily before the ISC and fully cooperated with the investigation.
The ISC carefully considered all of the evidence presented, including Representative
Kihuen’s submissions and oral remarks in resolving the matter. On September 26, 2018, the ISC
unanimously voted to issue the following report to the Committee, pursuant to Committee Rule
19(g).
III.

HOUSE RULES, LAWS, REGULATIONS, AND OTHER
STANDARDS OF CONDUCT

Sexual harassment and other forms of employment discrimination are prohibited in the
House by both federal statute and House Rule. The Congressional Accountability Act (CAA), 1
prohibits discrimination based on sex, including sexual harassment, and also prohibits
intimidation, reprisal, or other discrimination against a person for opposing sex discrimination.
During the period under review, House Rule XXIII, clause 9, stated that “[a] Member . . . may not
discharge and may not refuse to hire an individual, or otherwise discriminate against an individual
with respect to compensation, terms, conditions, or privileges of employment, because of the race,
color, religion, sex (including marital or parental status), disability, age, or national origin of such
individual.” The Committee has long held that a Member who violates applicable sex
discrimination and sexual harassment laws also violates clause 9. 2 On February 6, 2018, the House
formally amended clause 9 to confirm that the prohibition includes “committing an act of sexual
harassment against such an individual.” 3
Under federal law, “[u]nwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to
such conduct is made either explicitly or implicitly a term or condition of an individual’s
employment, (2) submission to or rejection of such conduct by an individual is used as the basis
1

2 U.S.C. §§ 1311 et seq.
House Ethics Manual (2008) at 268-69 (hereinafter Ethics Manual) (citing House Comm. On Standards of Official
Conduct, In the Matter of Representative Jim Bates, H. Rep. 101-293 101st Cong., 1st Sess. 8-10 (1989) (hereinafter
Bates)).
3
H.R. Res. 724, 115th Cong. (2018).
2

2

 for employment decisions affecting such individual, or (3) such conduct has the purpose or effect
of unreasonably interfering with an individual’s work performance or creating an intimidating,
hostile, or offensive working environment.” 4
Sexual harassment and other forms of sex discrimination also implicate House Rule XXIII,
clauses 1 and 2, which state that ‘‘[a] Member . . . of the House shall behave at all times in a
manner that shall reflect creditably on the House,’’ and ‘‘shall adhere to the spirit and the letter of
the Rules of the House.’’
IV.

FACTS

In 2006, Representative Kihuen was elected to the Nevada State Assembly. Representative
Kihuen served two terms as an Assemblyman for Nevada’s 11th District before being elected to
the Nevada State Senate in 2010. Representative Kihuen served as a Nevada State Senator from
2010 through 2016. On March 28, 2015, Representative Ruben Kihuen launched a campaign for
Nevada’s Fourth Congressional District seat. Representative Kihuen was successful in his
candidacy and assumed office as a Member of the House of Representatives on January 3, 2017.
In December of 2017, news reports were published containing allegations that
Representative Kihuen made unwanted advances towards at least four women: a Washington D.C.
employee whose firm worked with Representative Kihuen’s re-election campaign in 2017 (“D.C.
Firm Employee”), a staffer on his 2016 congressional campaign (“Campaign Staffer”), a female
lobbyist in Nevada between 2013 and 2015 (“Nevada Lobbyist”), and a front desk clerk who
worked in Representative Kihuen’s condo building in 2015 (“Front Desk Clerk”).
A.

D.C. Firm Employee

On December 16, 2017, The Nevada Independent reported allegations made by D.C. Firm
Employee that Representative Kihuen subjected her to unwanted advances in the fall of 2017.
Representative Kihuen and his campaign began working with her employer, D.C. Firm, in January
2017. 5 Representative Kihuen spent an average of two to four hours per day working at D.C.
Firm. 6 D.C. Firm Employee did not work directly with Representative Kihuen, but he was a client
of her firm and one of her supervisors worked directly with him. 7
Although they had been introduced to each other while working around the D.C. Firm
office, D.C. Firm Employee first meaningfully interacted with Representative Kihuen when she
encountered him at the elevator at D.C. Firm in or around October 2017. 8 According to D.C. Firm
Employee, Representative Kihuen said hello and then asked her if she had a boyfriend, and when
she said she did not, he told her that “a beautiful young girl like you, I can’t believe you don’t have

4

29 CFR § 1604.11(a) (1999); Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 65 (1986) (citing the quoted
provision of the CFR and explaining that the quoted provision “describe[s] the kinds of workplace conduct that may
be actionable under Title VII.”).
5
ISC First Interview of Representative Kihuen.
6
Id.
7
ISC Interview of D.C. Firm Employee; ISC First Interview of Representative Kihuen.
8
ISC Interview of D.C. Firm Employee; ISC First Interview of Representative Kihuen.

3

 a boyfriend.” 9 Representative Kihuen admitted that he “probably” asked D.C. Firm Employee if
she had a boyfriend. 10 D.C. Firm Employee shared her encounter with Representative Kihuen at
the elevator with co-workers telling one that Representative Kihuen asked her a lot of personal
questions, including whether she had a boyfriend. 11 According to her co-worker, D.C. Firm
Employee described her interaction with Representative Kihuen as “creepy” and acknowledged
the “uncomfortableness” of the situation. 12 D.C. Firm Employee told the ISC that the interaction
left her “flustered and uncomfortable.” 13
On October 11, 2017, after their initial interaction at the elevator, D.C. Firm Employee ran
into Representative Kihuen while leaving her office. According to D.C. Firm Employee, she
mentioned her plan to bring back leftovers from the event she was attending, which Representative
Kihuen apparently took as an offer to bring him lunch. 14 Several hours after that conversation,
D.C. Firm Employee received an e-mail from Representative Kihuen at her work e-mail address,
despite the fact that she did not work with Representative Kihuen directly and had never given him
her e-mail address. 15 Representative Kihuen wrote at 1:08 p.m., “I hope this is your e-mail address.
Just wanted to say thank you for offering to bring me lunch today. Not sure if I said thanks. You’re
so sweet. :)” 16 D.C. Firm Employee responded more than four hours later, “Any time :),” followed
by her signature block, which contained her work landline and mobile phone numbers. 17 The next
day, D.C. Firm Employee received a text message on her work mobile phone from Representative
Kihuen, with smiley face emojis and the message “Btw…this is Ruben K. Very kind of you to
[offer to] bring me lunch yesterday.” 18 D.C. Firm Employee did not respond. Representative
Kihuen recalled sending D.C. Firm Employee the e-mail to thank her for offering to bring him
lunch and admitted that the D.C. Firm Employee did not give him her e-mail address, but he was
able to figure it out based on her name and the general e-mail configuration used by her firm.19
Representative Kihuen’s e-mail to D.C. Firm Employee left her confused. 20
On October 25, 2017, both D.C. Firm Employee and Representative Kihuen attended a
karaoke-themed fundraiser for another Member of Congress represented by D.C. Firm. 21 D.C.
Firm Employee testified that when Representative Kihuen arrived at the fundraiser he
“immediately came up to me and put his arm around me, kissed me on the cheek, said Hi, greeted
[others] from my firm . . . [a]nd he began to ask me very personal questions.” 22 D.C. Firm
Employee further testified:

9

ISC Interview of D.C. Firm Employee.
ISC First Interview of Representative Kihuen.
11
ISC Interview of D.C. Firm Co-Worker.
12
Id.
13
ISC Interview of D.C. Firm Employee.
14
Id.
15
Id.; Exhibit 1.
16
Exhibit 1.
17
Id.
18
Exhibit 2.
19
ISC First Interview of Representative Kihuen.
20
ISC Interview of D.C. Firm Employee.
21
Id.
22
Id.
10

4

 He asked me where I lived and if I lived alone. He told me where he lives. He
asked me how tall I am and if I played any sports in college and if I just graduated.
He told me that I look athletic. He sort of looked me up and down and then
commented on my physique. And then I told him that I run. And he offered to be
my running buddy or my bodyguard if I – you know, I tried to brush it off by saying,
you know, I run really early in the morning, you wouldn’t – you wouldn’t want to
wake up that early. And he said, well, maybe you need a bodyguard if you’re up
that early, and offered to do that. He told me that I was one of the most beautiful
girls that he had met in D.C., and he asked me again why I don’t have a boyfriend.
He asked me – I believe he said something like, what do you want to do? I know
you can’t want to do this forever. And then offered to help me after I told him that
I’ve wanted to work on the Hill for a while. 23
In his interview with the ISC, Representative Kihuen conceded that he asked D.C. Firm
Employee if and where she worked out but denied: asking her if she lives alone, commenting on
how athletic she was, or offering to be her bodyguard. 24 Representative Kihuen stated that he
asked D.C. Firm Employee about her career goals but did not offer to help her with her career. 25
When asked whether he told D.C. Firm Employee that she was one of the most beautiful girls he’d
seen in D.C., Representative Kihuen told the ISC that he did not recall. 26 Representative Kihuen
characterized the conversation as a “very professional, getting-to-know-each-other type of
conversation.” 27
D.C. Firm Employee explained that she thought many of Representative Kihuen’s
questions were inappropriate and that she interpreted his questions regarding her career aspirations
to be suggestive of a “romantic interest” and an insinuation “that if I were to become close to him
in that way, then he would help me with my career.” 28
D.C. Firm Employee also testified that she felt Representative Kihuen’s physical
interactions with her during the karaoke fundraiser were inappropriate. 29 She testified that
“throughout the fundraiser, he kissed me several times on the cheek, and was generally very

23

Id.
ISC First Interview of Representative Kihuen.
25
Id. (“She asked me how I got to Congress. She asked me how things were going in Congress. . . . I asked her
what, you know, what her goals were. I’m sure somebody doesn’t want to be [in her low-level position] for the rest
of their life. And so, out of respect for her and just to not make it about me, I asked her the questions, and she
answered. But it was never with the intention of saying, hey, you know, if you do this for me, I’ll give you a nice
job or I’ll help you find another job. . . . So I just think it’s silly for her to – or for anyone to think that I was trying
to offer a position in exchange for something else.”).
26
Id.
27
Id. (Representative Kihuen emphasized that there was a “back and forth,” and D.C. Firm Employee asked him
questions about life in Congress and what he did for fun.).
28
ISC Interview of D.C. Firm Employee. (“I had never worked directly with him, so he has no knowledge of the
content of my work or, you know, any knowledge of my resume or, you know, he has no reason to want to help me
besides what I interpreted as romantic interest.”).
29
Id.
24

5

 touchy. And those cheek kisses sort of were accompanied by an arm around the waist.”30
Representative Kihuen denied touching D.C. Firm Employee in any way. 31
Another co-worker and friend of D.C. Firm Employee (“D.C. Firm Co-Worker”) attended
the same karaoke fundraiser. 32 D.C. Firm Co-Worker told the ISC that she witnessed
Representative Kihuen put his hand on D.C. Firm Employee’s lower back and take her off to the
side for a private conversation; she also recalled seeing Representative Kihuen’s hand on D.C.
Firm Employee’s shoulders and lower back at various points in the evening. 33 D.C. Firm CoWorker did not observe Representative Kihuen kiss D.C. Firm Employee’s cheek and could not
hear their conversation, but D.C. Firm Employee recounted the details of her conversation to D.C.
Firm Co-Worker immediately after the event. 34 D.C. Firm Co-Worker told the ISC that she
thought D.C. Firm Employee felt very uncomfortable about her interactions with Representative
Kihuen. 35
D.C. Firm Employee explained that, while she has interacted with a number of Members
of Congress through her job, Representative Kihuen “acted in a particularly unique way that [she]
had not experienced with any other Members,” and that Representative Kihuen’s actions made her
“uncomfortable,” “surprised,” “dismayed,” and concerned that the interactions “would
delegitimize me and my career prospects.” 36
D.C. Firm Employee sent contemporaneous messages to co-workers and friends regarding
Representative Kihuen’s actions both before the fundraiser 37 and on the night of the karaokethemed fundraiser. 38 D.C. Firm Employee also went to her supervisor at her firm (“D.C. Firm
Partner”) shortly after each incident occurred. 39 D.C. Firm Partner told the ISC that D.C. Firm
Employee had told her that Representative Kihuen’s behavior at the fundraiser made her feel
uncomfortable. 40 According to D.C. Firm Employee, the principals at her firm “did not seem as
troubled by it. They seemed to think that he was joking and encouraged me to pursue a relationship
with him.” 41 Indeed, according to D.C. Firm Employee, when she went to D.C. Firm Partner and
explained what happened during her first conversation with Representative Kihuen on the elevator,
D.C. Firm Partner responded “he’s so hot, you should definitely sleep with him and tell me

30

Id. (“I understand, you know, a cheek kiss as a greeting once. I still probably would have felt uncomfortable if it
had just been once in greeting. But since we were – it was throughout the duration of a conversation and we weren’t
greeting each other at those points, it was uncomfortable.”).
31
ISC First Interview of Representative Kihuen.
32
ISC Interview of D.C. Firm Co-Worker.
33
Id.
34
Id. (D.C. Firm Employee’s co-worker’s account of what D.C. Firm Employee told her the evening of October 25,
2017, was consistent with D.C. Firm Employee’s testimony to the ISC).
35
Id.
36
ISC Interview of D.C. Firm Employee.
37
Exhibit 3; ISC Interview of D.C. Firm Employee.
38
Exhibit 4.
39
ISC Interview of D.C. Firm Employee; ISC Interview of D.C. Firm Partner.
40
ISC Interview of D.C. Firm Partner.
41
ISC Interview of D.C. Firm Employee.

6

 everything.” 42 D.C. Firm Employee was relatively new to the firm at that time. 43 D.C. Firm
Partner denied telling D.C. Firm Employee that she should sleep with Representative Kihuen. 44
D.C. Firm Employee explained to the ISC that Representative Kihuen’s interest in her was
one of multiple factors that resulted in a missed opportunity to attend a fundraiser in Las Vegas
that she had helped organize. D.C. Firm Employee testified that “it was a multifaceted decision”
and that her firm “did not think that it would be safe for [D.C. Firm Employee] to be with that
many older men in sort of a Vegas-weekend capacity.” 45 D.C. Firm Employee testified that an
“element” of her firm’s conversations about her attendance at the Las Vegas event was concern
about Representative Kihuen’s “conduct with women and his behavior towards women more
broadly,” as well as the firm’s awareness of Representative Kihuen’s “specific interest” in her. 46
D.C. Firm Partner denied that D.C. Firm Employee was removed from the Las Vegas trip because
of Representative Kihuen, and explained that no staff were set to attend the trip other than D.C.
Firm Partner. 47
D.C. Firm Employee explained that the power imbalance between her and Representative
Kihuen limited her ability to publicly protest against Representative Kihuen’s advances. She noted
to the ISC that her firm relied on his business, and that he was significantly more senior in his
career than she was, and she explained, “I did not feel that it would be wise for me as – you know,
as a 24-year-old to upset or anger someone in that position.” 48 A similar power imbalance was
referenced by D.C. Firm Co-Worker when testifying about her desire to intervene during the
karaoke-themed fundraiser but her inability to do so. 49 D.C. Firm Employee said that she “was
very worried about negative implications speaking out would have on [her] career, especially as I
hoped to work on the Hill,” but that she chose to speak out about what she perceived as
inappropriate behavior by Representative Kihuen after reading that he had denied Campaign
Staffer’s allegations. 50

42
Id. (“[S]he was very excited about the prospect that Congressman Kihuen was interested in me romantically.”);
ISC Interview of D.C. Firm Co-Worker (testifying that D.C. Firm Employee told her that supervisors at the firm had
joked around after learning of Representative Kihuen’s conduct and the supervisors had suggested to D.C. Firm
Employee that she should have sex with Representative Kihuen).
43
ISC Interview of D.C. Firm Employee.
44
ISC Interview of D.C. Firm Partner.
45
ISC Interview of D.C. Firm Employee.
46
Id.
47
ISC Interview of D.C. Firm Partner.
48
ISC Interview of D.C. Firm Employee (quoting D.C. Firm Employee as stating in a news article “I’m not in a
place to yell at a Member of Congress and say ‘stop touching me’ because I just started my career, she said. He’s a
Member of Congress and a client of my firm and some of my friends were, like, why didn’t you just shut him down?
Tell him to stop talking to you? And it’s because there’s such a power dynamic that makes it so you can’t really.”).
49
ISC Interview of D.C. Firm Co-Worker (“I knew that [D.C. Firm Employee] was already feeling really
uncomfortable about [Representative Kihuen] because of the messages and the encounter in the elevator. And, you
know, like me and [D.C. Firm Employee] spent a lot of time talking about him and how he was making her feel, and
I could tell that when he walked over to us she was scared. And, you know, I don’t really – I guess in that moment I
didn’t feel like I had much say to say like, you know, leave her alone, you make her feel very uncomfortable, you
know? I didn’t feel like I had that power at that time, but I at least did have the power to, you know, be close to her
and not make her feel so, you know, alone there.”).
50
ISC Interview of D.C. Firm Employee.

7

 D.C. Firm Employee acknowledged that some of the other recently reported allegations of
sexual harassment by public figures were more severe than hers and made her question whether
speaking out about Representative Kihuen’s behavior towards her was worth the potential
consequences she may face. 51 D.C. Firm employee also testified that, when speaking with friends
about how she planned to handle speaking out about Representative Kihuen’s behavior, she used
“poor” and “unfortunate” wording by telling some friends and co-workers that she had a “plan” to
get Representative Kihuen to resign 52 and by referring to her decision to speak out to others as
“blackmail.” 53 Despite D.C. Firm Employee’s “unfortunate” language, the ISC found no evidence
that D.C. Firm Employee’s statements were anything more than an expression of her conflict about
going public with allegations regarding Representative Kihuen’s behavior towards her while he
was a sitting Member of Congress.
D.C. Firm Partner testified that she spoke to Representative Kihuen about his behavior
towards women before the first news report regarding allegations of sexual misconduct involving
Representative Kihuen was published. 54 According to D.C. Firm Partner, she spoke with
Representative Kihuen “[b]ecause there had been a lot of sexual harassment allegations going on,
and I wanted to let him know he needed to be careful and that I had heard that he had been
communicating with people at my office and he should knock that off.” 55 D.C. Firm Partner said
that Representative Kihuen told her that his actions were “innocent” and that “he was just being
friendly.” 56 According to D.C. Firm Partner, during that conversation Representative Kihuen
asked her if she would ever cheat on her husband. 57 Representative Kihuen recalled having a
conversation with D.C. Firm Partner around this time but asserted that it was not about any of D.C.
Firm’s staff but was instead a general warning not to be perceived as a “ladies’ man.” 58 When
asked whether he asked D.C. Firm Partner if she would ever cheat on her husband during the

51

Id.
Id. (“Q: Okay. And why did you refer to it as a strategy to get Representative Kihuen to resign? A: That was a
poor choice of words. I was really frustrated at his response to all the stories that came out delegitimizing the
women and saying that he didn’t do anything, when my understanding was that this was a pattern of behavior. So I
certainly should not have phrased it that way, but that was just me being frustrated and wanting to do something. Q:
Did you want Representative Kihuen to resign? A: I did. Q: And why? A: I felt that he did not live up to the idea
of what a Member of Congress should be.”).
53
Id. (”Q. . . . [W]hy did you say you were trying to blackmail a Member of Congress? A: That is a very
unfortunate choice of words that I should not have used. It was a texting shorthand for what I thought I wanted to
do, which was tell my story to Nancy Pelosi’s office and then let them put pressure on him internally to resign.
They’re not the same thing. I had no intention of blackmailing him. It was easier to type that word than to describe
the whole sequence. Q: And did you talk to Nancy Pelosi’s office? A: I did not.”).
54
ISC Interview of D.C. Firm Partner; ISC Interview of Former Chief of Staff (“At one point a partner at the firm
had said to me that she had spoken to Ruben about ensuring he didn’t come across as too friendly with the junior
staff.”).
55
ISC Interview of D.C. Firm Partner (“I told him that he needed to knock off communicating with my employees
that don’t work with him.”).
56
Id.
57
Id. (“Q: Did Representative Kihuen ask you if you would be unfaithful to your husband during that conversation?
A: You know what; I think, yes, he did. Q: And what exactly did Representative Kihuen say? A: He – the
conversation divulged into, you know, it’s hard being in a long-term relationship long distance and said: Well,
you’ve been married a long time. Would you ever be unfaithful to your husband? Q: How did you interpret that
statement by Representative Kihuen? A: I didn’t take it as an advance or an – or as trying to hit on me. Q: Did you
feel that the statement was appropriate in the context of the conversation? A: No.”).
58
ISC First Interview of Representative Kihuen.
52

8

 conversation, Representative Kihuen said he did not recall. 59 D.C. Firm ultimately terminated its
contract with Representative Kihuen when news reports regarding Representative Kihuen’s
behavior were published. 60
Representative Kihuen’s 2016 Campaign Manager (“Campaign Manager”) also confronted
him in December 2017 after hearing that Representative Kihuen had been “inappropriately
texting” a D.C. Firm employee. 61 Representative Kihuen denied doing so to Campaign Manager. 62
Representative Kihuen told the ISC that “[w]ith respect to [D.C. Firm Employee], I had a
single encounter of a social nature with her at a fundraising event for another Member of Congress
that the consulting firm itself had requested me to attend. While I exchanged in social conversation
with her, at no time did I make any inappropriate remark or suggest that I would hurt her or her
career or have any physical contact.” 63 Representative Kihuen claimed that his interactions were
“very professional” and at the time he interacted with D.C. Firm Employee he “was looking to
make friends, people to go run with, people to go to the gym with, you know, people to socialize
with.” 64 Representative Kihuen stated that he did not flirt or show a romantic or sexual interest in
D.C. Firm Employee. 65 Representative Kihuen further testified that D.C. Firm Employee showed
an initial interest in him by “liking” photos he posted on social media. 66 D.C. Firm Employee
explained, however, that D.C. Firm regularly monitored the social media activities of D.C. Firm’s
clients and that she and other colleagues were encouraged to follow the Instagram accounts of D.C.
Firm clients, including Representative Kihuen. 67
B.

Representative Kihuen’s Campaign Staffer

The first reported allegations regarding inappropriate and unwanted advances by
Representative Kihuen were raised by one of Representative Kihuen’s former campaign staffers.
Campaign Staffer responded to a posting for an opening on Representative Kihuen’s campaign in
November 2015. 68 She interviewed for a position on the campaign with Representative Kihuen
and his Campaign Manager, was hired, and began working as a paid staffer on his congressional

59

Id.
ISC Interview of D.C. Firm Partner.
61
ISC Interview of Campaign Manager.
62
Id.
63
ISC First Interview of Representative Kihuen.
64
Id.
65
Id.
66
Id.
67
D.C. Firm Employee explained that monitoring the social media of her firm’s clients was a regular part of her job
duties and was not intended to express a romantic interest or flirt with Representative Kihuen. See also ISC First
Interview of Representative Kihuen (explaining that D.C. Firm Employee liked his Instagram photos “before the
[first] interaction” near the elevator.). The ISC also received testimony that D.C. Firm Employee previously had a
picture of Representative Kihuen on her desk. See ISC Interview of D.C. Firm Partner. D.C. Firm Employee
explained to ISC staff that her colleagues downloaded a picture of Representative Kihuen and placed it on another
colleague’s desk, in whom Representative Kihuen allegedly expressed an interest. When that colleague left the firm,
the picture was placed on D.C. Firm Employee’s desk as a continuation of the joke where it sat for a few weeks.
The picture was removed prior to the October 2017 fundraiser.
68
ISC Interview of Campaign Staffer.
60

9

 campaign in December 2015. 69 According to Campaign Staffer, her first two months were
uneventful but Representative Kihuen’s behavior began to change in February 2016. 70
On the evening of February 6, 2016, Campaign Staffer and Representative Kihuen attended
a fundraiser together. According to Campaign Staffer, she and Representative Kihuen were
walking back to their respective cars after leaving the fundraiser, when Representative Kihuen said
to Campaign Staffer, “you look really good,” and “I’d like – I would take you out if you didn’t
work for me.” 71 Campaign Staffer and Representative Kihuen were the only two individuals from
the campaign attending the event that evening. According to Campaign Staffer, she was too
stunned to respond to Representative Kihuen’s comments and simply got into her car and drove
away. 72 Campaign Staffer had previously attended campaign events in December 2015 and
January 2016 alone with Representative Kihuen and Representative Kihuen did not say or do
anything that she felt was inappropriate or that made her uncomfortable during those events. 73
Representative Kihuen recalled walking Campaign Staffer to her car one night after an
event but explained to the ISC that he was “[b]eing a gentleman” because it was dark and she had
a big box that he offered to carry for her. 74 Representative Kihuen testified that he did not comment
on how Campaign Staffer looked and that he did not recall whether he told Campaign Staffer that
he would take her out if she didn’t work for him. 75
On February 19, 2016, Representative Kihuen and Campaign Staffer attended a meeting in
Las Vegas at the Aria Hotel. 76 Attending that meeting was part of Campaign Staffer’s job duties
and responsibilities. 77 According to Campaign Staffer, she and Representative Kihuen drove
together to the meeting, during which Representative Kihuen discussed a woman he said he found
unattractive, and then added, ‘I wouldn’t have that problem with you.’” 78 Campaign Staffer said
she did not respond to Representative Kihuen’s statements, and he then asked her “what do you
think of Latino guys?” 79 Campaign Staffer responded that she didn’t “date people based on their
ethnicity” but that she dated “people because I like them.” 80 When Campaign Staffer and
Representative Kihuen arrived at the hotel, Representative Kihuen turned to Campaign Staffer and
said “we should get a room,” as the two of them walked to the lobby elevators. 81 Campaign Staffer
explained that “based on what he said in the car, I kind of understood the context of that. And I
just said, no. And he started laughing at me.” 82
69

Id.
Id.
71
Id.
72
Id.
73
Id.
74
ISC First Interview of Representative Kihuen.
75
Id. (“Q: Did you tell [Campaign Staffer] that you’d like to take her out if she didn’t work for you? A: I don’t
recall. Q: Is that something you would recall, if you told [Campaign Staffer] that you’d like to take her out if she
didn’t work for you? A: No.”).
76
ISC Interview of Campaign Staffer.
77
ISC Interview of Campaign Manager.
78
ISC Interview of Campaign Staffer.
79
Id.
80
Id.
81
Id.
82
Id.
70

10

 According to Campaign Staffer, after the meeting when they were driving back to the office
in his car, Representative Kihuen put his hand on her thigh, and asked her if she ever cheated on
her boyfriend. 83 Campaign Staffer described the physical contact as Representative Kihuen
placing his hand firmly on her thigh for about 30 seconds until she moved her leg away. 84
Campaign Staffer testified that when she questioned Representative Kihuen as to why he would
ask her if she ever cheated on her boyfriend, he responded by laughing at her again. 85
Representative Kihuen recalled that Campaign Staffer accompanied him to the February
19, 2016, fundraising meeting and that no other staffers from his campaign were present, but did
not recall whether he drove to the meeting or whether Campaign Staffer rode with him to the
meeting. 86 Representative Kihuen explained that he talked to Campaign Staffer about her
boyfriend in an attempt to get to know her and build a better friendship, but did not recall whether
he asked Campaign Staffer if she ever cheated on her boyfriend. 87 Representative Kihuen denied
suggesting that he and Campaign Staffer get a room and denied touching Campaign Staffer in any
way. 88
Campaign Staffer also testified that Representative Kihuen touched her thigh a second
time, in March 2016, during time scheduled for fundraising calls, known as “call time.” According
to Campaign Staffer, a second campaign staffer who generally worked with Representative Kihuen
during call time (“Second Campaign Staffer”) was away from the office for a short time and
Campaign Staffer and Representative Kihuen were alone. 89 Representative Kihuen told Campaign
Staffer that “something with his computer wasn’t working” and when she “stood up to get a better
look at the computer, [] he grabbed the back of [her] thigh.” 90 Campaign Staffer asked
Representative Kihuen what he was doing and Representative Kihuen “put his hand down.” 91
Campaign Staffer quickly left the room a few minutes later when Second Campaign Staffer
returned to the office. 92 Representative Kihuen denied ever being alone with Campaign Staffer
during call time, denied touching the back of Campaign Staffer’s thigh, and denied ever touching
Campaign Staffer in any way during call time. 93
Campaign Staffer testified before the ISC that Representative Kihuen’s actions made her
“feel disrespected, like he wasn’t taking me seriously as a member of his staff” and like “[h]e
wasn’t respecting that I was already in a committed relationship.” 94

83

Id.
Id. (“[H]is hand was pretty firm, like it was hard for me to wiggle away.”).
85
Id.
86
Id.
87
Id. (“Q: Did you ever ask [Campaign Staffer] if she ever cheated on her boyfriend? A: No. I don’t recall. Q: Is
that something that you would recall, if you asked her if she cheated on her boyfriend? A: No.”).
88
Id.
89
ISC Interview of Campaign Staffer.
90
Id.
91
Id.
92
Id.
93
ISC First Interview of Representative Kihuen.
94
ISC Interview of Campaign Staffer.
84

11

 Campaign Staffer did not report Representative Kihuen’s behavior to anyone on the
campaign at the time it occurred. 95 Campaign Staffer did, however, send messages to friends,
former co-workers, and her boyfriend regarding Representative Kihuen’s behavior within days of
when the aforementioned incidents are alleged to have occurred. 96 Campaign Staffer informed her
family and friends that Representative Kihuen said “randomly creepy things to me,” that he “[p]ut
his hand on my thigh a couple times,” that he “[a]sked me weird questions [] like if I had ever
cheated on my boyfriend,” and that he “[s]aid a couple of times he would take me out if I didn’t
work for him.” 97
Campaign Staffer also testified that, around February 2016, Representative Kihuen began
talking about his sex and dating life in the office in front of the staff. 98 Campaign Staffer testified
that Representative Kihuen discussed a “Sports Illustrated model, and he basically said they slept
together, and she was upset about it because he didn’t want a serious relationship,” and talked
about how one of their primary opponents “slept with a ton of people.” 99
Representative Kihuen denied talking about his sex life with his campaign staff 100 but
another individual working on Representative Kihuen’s campaign at that time corroborated
Campaign Staffer’s testimony. Second Campaign Staffer told the ISC that Representative Kihuen
“would often make jokes about sex or women in some form or another, that were also sexual” in
the campaign office. 101 Second Campaign Staffer explained that Representative Kihuen “usually
just liked telling stories or commenting on that somebody looked very attractive. Like she was hot
or she had a nice ass or whatever.” 102 Second Campaign Staffer confirmed Campaign Staffer’s
testimony that Representative Kihuen talked to his campaign staff about a Sports Illustrated model
that he slept with and that Representative Kihuen made disparaging remarks about a primary
opponent. 103 According to Second Campaign Staffer, Representative Kihuen said his opponent
had slept with many people and called her a “slut” in front of the campaign staff. 104 Second
Campaign Staffer also told the ISC that Representative Kihuen joked that “Black women are good
in bed.” 105 According to Second Campaign Staffer, who spent several hours a week with
Representative Kihuen, conversing with Representative Kihuen in the campaign office was like
“interacting with [] a 14-year-old” and it was common for Representative Kihuen to be “ogling at
someone.” 106

95

Id. (“I didn’t feel close enough with anyone on staff to tell them.”).
Id.
97
Exhibit 5; ISC Interview of Campaign Staffer.
98
ISC Interview of Campaign Staffer.
99
Id.
100
ISC First Interview of Representative Kihuen.
101
ISC Interview of Second Campaign Staffer (“Ruben certainly made jokes that were beyond inappropriate if other
women were in the room.”); ISC Interview of Campaign Staffer (“Ruben didn’t really do this within the first 2
months that I was there, but – like starting in February, he would start talking about women he dated or women he
slept with in the office in front of everybody.”).
102
Id.
103
Id.
104
Id.
105
ISC Interview of Second Campaign Staffer.
106
Id.; compare ISC Interview of Campaign Manager (“Q: Did you ever hear Representative Kihuen make any jokes
of a sexual nature? A: I did not. Q: Did you ever hear Representative Kihuen make any comments of a sexual
96

12

 In contrast, Representative Kihuen denied ever talking to his campaign staffers about his
sex life, denied ever making any sexually explicit or related jokes around his staffers, denied telling
any campaign staffers “that Black women are good in bed,” and denied ever talking to his
campaign staffers about a Sports Illustrated model that he may have slept with. 107 Representative
Kihuen testified that he discussed the previous relationships a primary opponent had been involved
in as it was an issue that was brought to him by his staff, but denied ever calling her a “slut.”108
Representative Kihuen also denied ever talking to his campaign staff about how attractive a
particular woman was, and denied ever commenting on a woman’s posterior in front of campaign
staffers. 109
On April 5, 2016, Campaign Staffer submitted a letter of resignation. 110 She told Campaign
Manager, and others on the campaign, that her mother was sick and that she found another position
closer to her parents, both of which were true statements. 111 Campaign Staffer ultimately left the
campaign on April 7, 2016. 112
Representative Kihuen suggested to the ISC that Campaign Staffer may have been
disgruntled and left her position because she was not very good at her job. Campaign Manager
described Campaign Staffer’s work as “acceptable but [] not great.” 113 Campaign Manager
testified, however, that he was surprised when Campaign Staffer resigned, and that despite not
being “100 percent happy” with her work, neither he nor any other supervisor ever spoke with her
about her job performance or suggested that she should step down from her position with the
campaign. 114 While Campaign Staffer did not discuss her job performance in detail with the ISC,
she explained that after Representative Kihuen began behaving inappropriately towards her, she
no longer felt “motivated to help him win” his congressional election. 115
Campaign Staffer told the ISC that she resigned because she felt uncomfortable around
Representative Kihuen, explaining, “I understood, after the incident on February 19, that I don’t
feel comfortable being anywhere alone with him. And even though there weren’t too many times
on the campaign where I was required to be alone with him, I knew it would hinder me in my job
if I can’t be alone with the candidate.” 116 Campaign Staffer waited until she had another position

nature? A: I did not. Q: Did you ever hear reports by any campaign staffers that Representative Kihuen may have
made jokes or comments of a sexual nature? A: I did not.”).
107
ISC First Interview of Representative Kihuen.
108
Id.
109
ISC First Interview of Representative Kihuen.
110
Exhibit 6; ISC Interview of Campaign Staffer.
111
ISC Interview of Campaign Staffer.
112
Id.
113
ISC Interview of Campaign Manager.
114
Id.; ISC Interview of Campaign Staffer; ISC First Interview of Representative Kihuen; ISC Interview of
Campaign Consultant.
115
ISC Interview of Campaign Staffer (“[I]t didn’t sit well in my conscience to tell donors they should give to this
campaign when – well, from my perspective, if I was a donor and I knew [] someone acted like that, I would not
want to support their campaign. So I didn’t think it was fair to donors to, you know, take their money to continually
ask them for their money when this was what I was experiencing.”).
116
Id.

13

 lined up before leaving Representative Kihuen’s campaign. She explained to the ISC why she did
not leave until then:
I didn’t want to have to explain to any potential employers that I was leaving my
job because I felt the candidate had sexually harassed me. That just seemed like a
really uncomfortable conversation to have with a potential future employer. But I
was also worried that quitting a campaign before it ended would kind of look bad,
like it would look like I wasn’t willing to work hard enough, or that I wasn’t really
committed to my position. And I think, especially because with campaigns, you’re
usually working 7 days a week, you might be in the office for over 12 hours, I
would think people who are hiring for campaigns would be really concerned about
someone who seemed kind of flaky, or if they would quit if they didn’t like
something. 117
A Democratic Congressional Campaign Committee (DCCC) employee would check-in
with Campaign Staffer every few weeks regarding how much money Representative Kihuen’s
campaign was raising while she was working for the campaign. 118 On April 8, 2016, Campaign
Staffer was contacted by the DCCC employee and asked why she left Representative Kihuen’s
campaign. 119 According to Campaign Staffer, she responded that “the candidate has been making
me really uncomfortable, and I feel I can’t do my job if I feel uncomfortable being in the same
room with the candidate.” 120 Campaign Staffer said she went on to tell the DCCC employee that
Representative Kihuen “would do things like comment on my appearance, or make suggestions
that I should go on a date with him or have sex with him, that he touched my thigh a couple
times.” 121 According to Campaign Staffer, the DCCC employee indicated that he would speak to
someone else at the DCCC about the situation and asked her to contact him if she needed anything
else. 122
Within two to three weeks of Campaign Staffer’s departure, Campaign Manager was
contacted by the DCCC and informed that Campaign Staffer left the campaign because
Representative Kihuen made her feel uncomfortable in the call time room. 123 Campaign Manager
said he confronted Representative Kihuen about the allegations and Representative Kihuen denied
ever doing anything to make Campaign Staffer uncomfortable, and told Campaign Manager that
he didn’t find Campaign Staffer attractive. 124
Representative Kihuen told the ISC that “[i]f I ever acted in a way that made [Campaign
Staffer] feel uncomfortable, I deeply regret it, but I was certainly unaware of it at the time. At no
time while she worked for any campaign was any of the issue at nature brought to my attention.”125
117

Id.
Id.
119
Id.
120
Id.
121
Id.
122
Id. ISC staff attempted to reach the DCCC employee for confirmation of Campaign Staffer’s account, but he
ignored repeated phone calls and e-mails.
123
ISC Interview of Campaign Manager.
124
Id.; ISC First Interview of Representative Kihuen.
125
ISC First Interview of Representative Kihuen.
118

14

 Representative Kihuen stated that he never flirted with Campaign Staffer, and never expressed a
romantic or sexual interest in her. 126 Representative Kihuen stated that Campaign Staffer was
simply “saying something that was not true.” 127
Campaign Manager told the ISC he believes Campaign Staffer’s allegations, explaining
that “when you put it all together it was too compelling a case to not believe.” 128 According to
Campaign Manager, when Representative Kihuen was confronted with the allegations reported by
the press, he “threatened to go after” Campaign Staffer and stated that he was “going [to] destroy
her.” 129 Second Campaign Staffer, who spent several hours a day with Representative Kihuen on
a daily basis during the campaign, 130 also testified that he believes Campaign Staffer’s allegations,
stating “not only do I believe her, the things she’s said – the words that she gave quotes of just
sound so much like Ruben I can hear them coming out of his mouth. I 100 percent believe her.” 131
C.

Nevada Lobbyist

Allegations of persistent unwanted advances were also raised by a woman who worked as
a Nevada lobbyist during Representative Kihuen’s tenure as a Nevada State Senator.
Representative Kihuen met Nevada Lobbyist in February 2013 during the 2013 Nevada Legislative
Session. 132 Between 2013 and 2015 Representative Kihuen and Nevada Lobbyist communicated
in person, via Facebook and via text message. 133 Nevada Lobbyist’s job duties and responsibilities
required her to interact with Representative Kihuen during his time with the Nevada Legislature. 134

126

Id.
Id.
128
ISC Interview of Campaign Manager (“I mean, again, at this point I had reviewed all this. I had gone through it
all with Ruben. I felt pretty confident that he did this. There was no question in my mind that this had all happened,
it was true.”). Representative Kihuen told the ISC that Campaign Manager told him two hours before the news story
was published that he knew Representative Kihuen did not do what Campaign Staffer alleged, and suggested that
Campaign Manager was saying otherwise to “cover” for the DCCC. ISC First Interview of Representative Kihuen.
129
ISC Interview of Campaign Manager (“He was in denial the whole time. I think the part that really pushed me
over the edge that made me think he – like, this guy did this was he sort of threatened to go after her. He was like,
I’m going [to] destroy her. She’s lying about me, et cetera, et cetera. . . . And it struck me as not the type of reaction
you would have if you were innocent . . . . Like there was no – the part that struck me as odd, he never tried to like,
I don’t understand why she’s doing this, like you know what I mean. Like, if somebody was lying about you, that
would be the first question in my mind. He jumped immediately into sort of, like, I didn’t do this. I’m going to stop
this. I’m going to stop her.”).
130
ISC Interview of Second Campaign Staffer.
131
Id. (“Oh, I mean, you spend a year and a half with somebody it’s just in his voice. … You look really good. I
would like to take you out if you didn’t work for me. I could totally see him say that. Have you ever cheated on
your boyfriend? I could just see him. . . . all the quotes here I can – I just believe he said them. I can hear them in
his voice. I can see like, I can vision -- … sometimes he’d repeat himself. Just the way that she says that he said it a
couple times. Like he would repeat himself. It’s just a matter of how he talks. Like in the – like ‘no’ and him
laughing, like I could totally see that. . . . But just the way he speaks, that’s just the way he speaks.”); see also ISC
Interview of Campaign Staffer (explaining that both the Second Campaign Staffer and the former Campaign Field
Director both sent her text messages after her news story broke explaining that they both believe her).
132
ISC Interview of Nevada Lobbyist.
133
Id.
134
Id. (“We had bills that we either liked or disliked, especially in that session. The Rs were not very friendly to our
association in that session. And I think we were one vote shy, so we really needed all the Ds that session.”).
127

15

 Indeed, Nevada Lobbyist was required to personally lobby Representative Kihuen as part of her
job. 135
Nevada Lobbyist alleged that Representative Kihuen touched her inappropriately on
several occasions. Nevada Lobbyist explained that she was out with friends during the 2013
legislative session when Representative Kihuen came over to the table she was sharing with friends
and sat next to her. She explained that “he like squeezed in with a bunch of other people, and he
pushed me up against the wall. And he just kind of like sat his hands on my thigh, just kind of like
casually rested it there. And I just kind of tried to like shift away from it and tried to like squeeze
up against the wall.” 136 Nevada Lobbyist stated that Representative Kihuen’s actions that night
were witnessed by one of her friends and Nevada Lobbyist said Representative Kihuen’s behavior
made her feel “grossed out.” 137
According to Nevada Lobbyist, Representative Kihuen’s physical advances became more
aggressive over time. In the fall of 2014, Representative Kihuen sat next to Nevada Lobbyist and
played with her hands and feet under the table during a lunch meeting with Nevada Lobbyist’s
employers. 138 After the meeting, Representative Kihuen asked Nevada Lobbyist to drive him to
his car and she said no. Representative Kihuen asked again in front of her bosses and Nevada
Lobbyist agreed, explaining to the ISC, “you can’t really say no when your [bosses are] standing
right there.” 139 According to Nevada Lobbyist, while in the car, Representative Kihuen rested his
hands on her thigh and “just like pushed – pushed the dress up a little bit. Like it didn’t go kind
of anywhere near, but – and then I didn’t really know what to do because, you know, you’re still
in a closed space with a man. So I just kind of took his hand up and dropped it back into his lap
and drove him the rest of the way to his car.” 140 Nevada Lobbyist said that the incident in the car
with Representative Kihuen made her scared and that she “didn’t feel like I could do anything or
say anything to make him stop.” 141 Representative Kihuen told the ISC he did not recall the lunch
meeting and denied ever playing with Nevada Lobbyist’s feet and hands under a table. 142
Representative Kihuen also said he did not recall being in the car with Nevada Lobbyist and denied
touching her thigh. 143

135

Id.
Id.
137
Id.; ISC Interview of Nevada Lobbyist (“He’s always very handsy and like very huggy. I’m not someone who
likes that so, I mean, any sort of that kind of touching is not something that I enjoy.”).
138
Id. (“he was just very touchy-feely under the table.”); Id. (“Q: And so when you said that Representative Kihuen
was being touchy-feely under the table during lunch, what kind of things was he doing? A: He was like running his
foot up my leg and just kind of like – like if my hand was resting, he would like put his hand next to it and like play
with my hand.”).
139
Id.
140
Id.
141
Id. (“I mean, you – you know the person, I guess, on some level, right? I mean, you’ve interacted with them
before, but I don’t know, I think it’s – you know, you’re still in a confined space with someone who’s bigger than
you and they’re touching you inappropriately. I don’t – I don’t know. I didn’t want to negatively react and, I guess,
have it go wrong. . . . we had a professional relationship and I didn’t feel like I could do anything or say anything
to make him stop.”).
142
ISC First Interview of Representative Kihuen.
143
Id.
136

16

 Nevada Lobbyist also alleged that Representative Kihuen touched her inappropriately
when she was visiting his office one day during the 2015 legislative session. Nevada Lobbyist
explained “I don’t remember what I was in his office for, but as we were walking out, the way his
door was positioned, it kind of hid from the hallway, so if you were standing next to the door, you
couldn’t directly see in, it was kind of, like, corner. So as I was walking out, he just, like, took a
palmful of my butt.” 144 According to Nevada Lobbyist, she and Representative Kihuen were alone
in the office at the time.145 Nevada Lobbyist testified that Representative Kihuen’s actions made
her feel “[k]ind of violated.” 146 Representative Kihuen denied ever touching her buttocks. 147
Nevada Lobbyist did not feel she could tell anyone at her job about Representative
Kihuen’s actions because there was legislation important to her employer being considered at the
time and “to add any more issues to that would have just been – I don’t know. I – I was afraid I
would lose my job.” 148 Nevada Lobbyist went on to explain that Representative Kihuen was very
“touchy-feely” with her whenever he saw her out during the 2015 Legislative Session.149
Representative Kihuen alleges that “[e]very single time we ran into each other at events or they
came and lobby me, I was always professional with her. Absolutely 100 percent of the time.” 150
Representative Kihuen also made advances via Facebook and text messages. In 2013,
Representative Kihuen sent dozens of Facebook messages to Nevada Lobbyist, which included an
unsolicited shirtless picture of himself, 151 multiple comments on her appearance, and repeated
attempts to socialize with her. 152 In 2013, Representative Kihuen also sent Facebook messages
offering to help Nevada Lobbyist with her work if she “stopped by and visited” him and joking
about getting her a job working directly for him. 153
Nevada Lobbyist explained that Representative Kihuen’s messages made her
uncomfortable and she felt they were inappropriate. 154 Representative Kihuen also offered to stay
and spend the weekend in Carson City if the Nevada Lobbyist agreed to hang out with him.155
Like the previous messages, Representative Kihuen’s messages about “hanging out on weekends”
made the Nevada Lobbyist uncomfortable and she felt they were inappropriate. 156 Nevada
Lobbyist explained that the Facebook messages made her feel that Representative Kihuen did not
144

ISC Interview of Nevada Lobbyist.
ISC Interview of Nevada Lobbyist.
146
Id.
147
ISC First Interview of Representative Kihuen.
148
ISC Interview of Nevada Lobbyist.
149
Id. (“I mean, every time I saw Ruben out, that would pretty much happen, so – I mean, I couldn’t recall specific
dates or anything like that, but -- . . . I would always just try to like dip out of it and try to go talk to somebody else
and try to find people, and just, for the most part ignore him. He’s very persistent, I guess.”).
150
ISC Second Interview of Representative Kihuen.
151
Exhibit 7; ISC Interview of Nevada Lobbyist (explaining that Nevada Lobbyist never asked Representative
Kihuen to send a picture of himself, that the picture made her uncomfortable, and that she felt it was inappropriate
“[b]ecause I don’t want to see a State Senator shirtless.”).
152
Exhibit 8.
153
Exhibit 9.
154
ISC Interview of Nevada Lobbyist (“[T]here’s nothing that you can really say to an elected official – well, I
didn’t feel that there was anything that you could really say to an elected official when they’re telling you things that
are clearly kind of towing the line of being inappropriate.”).
155
Exhibit 8; ISC Interview of Nevada Lobbyist.
156
ISC Interview of Nevada Lobbyist.
145

17

 take her “seriously as a professional.” 157 Representative Kihuen, however, stated that he believed
the Facebook messages were “friendly.” 158 Representative Kihuen also sent Facebook messages
suggesting that the Nevada Lobbyist should come over and lay in his bed to watch a movie, but
later, when he did not receive a response, said he was simply joking. 159 The messages about
coming over to lay in his bed made Nevada Lobbyist uncomfortable “[b]ecause I didn’t want to
do that with him [] [a]nd I didn’t know how to tell him to stop.” 160 Nevada Lobbyist tried to brush
Representative Kihuen off, even responding with messages asking how she could “get rid of” him
“[b]ecause I wanted him to stop. I guess I was hoping that he would take the hint.” 161
Representative Kihuen did not take the hint and on March 27, 2013, Representative Kihuen
asked Nevada Lobbyist for her phone number, writing “I apologize in advance for asking over FB,
but can I please have your phone number. Need to talk to you about important matters relating to
our state.” 162 Nevada Lobbyist explained that she considered denying Representative Kihuen’s
request and not giving him her number “but [] didn’t feel like that was really an option.” 163
Once Representative Kihuen obtained Nevada Lobbyist’s phone number, he proceeded to
send her text messages that became progressively more sexually aggressive in nature. 164 Indeed,
Nevada Lobbyist provided the ISC with more than 150 pages of text messages with Representative
Kihuen between 2014 and 2015. 165 Representative Kihuen repeatedly suggested and asked to
come over to the Nevada Lobbyist’s home, 166 Representative Kihuen asked for “[a] delicious make
out kiss,” 167 Representative Kihuen asked “[c]an I come cuddle with you on your bed,”168
Representative Kihuen asked Nevada Lobbyist to come to his hotel room on a rainy day, and then,
when she declined, stated “[n]othing like making passionate love with the window open listening
to the rain” and asked if she hated making love, 169 Representative Kihuen asked Nevada Lobbyist
on more than one occasion to come sit on his lap during legislative meetings, 170 Representative
Kihuen sent text messages stating “[n]ice ass” and “[y]our ass looks amazing in those pants,”171
Representative Kihuen texted Nevada Lobbyist asking “[w]hat color are your panties,” and [m]y

157

Id.
ISC Second Interview of Representative Kihuen.
159
Exhibit 8; ISC Interview of Nevada Lobbyist; ISC Second Interview of Representative Kihuen.
160
ISC Interview of Nevada Lobbyist.
161
Exhibit 8; ISC Interview of Nevada Lobbyist.
162
Exhibit 10; ISC Second Interview of Representative Kihuen (“Again, it’s very common in Carson City in the
legislature to – I mean, I probably have the cell number of most of the lobbyists in the legislature. So it’s very
common to exchange text messages. Again, there I’ll admit it was part to talk business and part to have her phone
number. . . . So at that particular point, I don’t think there was anything specific that I needed to talk to her about.
Honestly, it was probably more for me, I just wanted to have her phone number, to be honest with you.”).
163
ISC Interview of Nevada Lobbyist (“I just felt if, you know, a senator or an assembly person asks for your phone
number, you kind of have to give it to them because then they could go to your boss and say, hey your employee –
you know, I need to get a hold of your employee and they won’t give me their phone number.”).
164
Id. (“I felt they got like more sexual towards the end. He kind of like pushed them, I guess.”).
165
Id.
166
Exhibit 11.
167
Exhibit 12.
168
Exhibit 13.
169
Exhibit 14.
170
Exhibit 15.
171
Exhibit 16.
158

18

 day cannot go on without knowing,” 172 and Representative Kihuen texted Nevada Lobbyist stating
“[y]ou look fabulous in black,” “[b]ut I’m sure you look even better naked.” 173 Representative
Kihuen characterized his text messages as joking and stated “[t]here were never sexual
advances.” 174 Representative Kihuen did, however, acknowledge to the ISC that the text messages
were “inappropriate [and] unbecoming of a State Senator.” 175
Representative Kihuen also used a significant number of emojis in an attempt to pursue the
Nevada Lobbyist. Representative Kihuen sent male and female emojis kissing, which Nevada
Lobbyist responded to with a hand palm emoji asking him to stop,176 Representative Kihuen also
sent a male emoji, a princess emoji, a video recorder emoji plus a tape emoji equals three dollar
signs which Nevada Lobbyist interpreted as suggesting the two of them “can make a sex tape and
make money,” 177 and Representative Kihuen sent emojis suggesting he wanted the Nevada
Lobbyist to take off her clothes. 178 According to Nevada Lobbyist, Representative Kihuen also
said similarly inappropriate things when he saw Nevada Lobbyist in person. 179
Nevada Lobbyist consistently and repeatedly rejected Representative Kihuen’s
advances. 180 On one occasion, Representative Kihuen responded by acknowledging that Nevada
Lobbyist was ignoring him “as usual,” 181 and that the Nevada Lobbyist had rejected him “like
4,456,221 times.” 182 When Nevada Lobbyist repeatedly rejected Representative Kihuen’s
attempts to spend time socially with her, Representative Kihuen would reference professional
reasons for continuing their interactions. For example, after making plans for a business lunch,
Representative Kihuen texted Nevada Lobbyist, “Cool! Or I can come over to your place tonight
or any night! To discuss important pieces of legislation, of course.” 183 On another occasion,
Representative Kihuen sent a text message asking “[w]hen can I see you again . . . I mean, meet to
discuss important legislative matter[s].” 184 On February 16, 2015, Representative Kihuen texted
repeated requests for Nevada Lobbyist to come and sit on his lap, to which the Nevada Lobbyist
responded with angry emojis; Representative Kihuen then sent a text message including a sad face
emoji and stating “[y]ou didn’t come lobby me today.” 185 Ultimately, while Nevada Lobbyist’s
172

Exhibit 17.
Exhibit 18.
174
ISC Second Interview of Representative Kihuen.
175
Id.
176
Exhibit 19; ISC Interview of Nevada Lobbyist (“Q: And what did the hand palm that you sent in response mean?
A: Kind of like a ‘stop’ or, like, ‘not going to happen.’”).
177
Exhibit 20; ISC Interview of Nevada Lobbyist; ISC Second Interview of Representative Kihuen (Representative
Kihuen denied that the emoji was suggesting making a sex tape, “[i]t was in reference to the tax incentives that we
were trying to offer.”).
178
Exhibit 21.
179
ISC Interview of Nevada Lobbyist (“A lot of the stuff that he would text is kind of like what he would say in
person. Like if we were at a bar and he was like being really handsy, or like he would like hug you and then whisper
in your ear, like, oh, your ass looks so nice today, or like, oh, you looked so beautiful today in committee. I couldn’t
stop thinking about you. Like he would say stuff like that. Q: Do you recall roughly how many times he may have
said things like that to you? A: Probably every time he saw me, I think.”).
180
Id.
181
Exhibit 22.
182
Exhibit 13.
183
Exhibit 23.
184
Exhibit 24.
185
Exhibit 15.
173

19

 repeated rejections are clear from the more than 150 pages of text messages, Nevada Lobbyist did
not feel that her rejections could be more forceful given Representative Kihuen’s position with the
Nevada Legislature. 186 As Nevada Lobbyist told the ISC, “I don’t think that he realized it was my
job to be nice to him.” 187
Representative Kihuen’s text messages made Nevada Lobbyist feel uncomfortable, at
times angry, and often times frustrated. 188 Nevada Lobbyist testified that she chose to pass on
some social events that could have helped her professional development in part to avoid
Representative Kihuen. 189
Representative Kihuen explained to the ISC that with respect to the Nevada Lobbyist “we
were both single – I’m still single – and we certainly flirted with each other. At no time did I use
my position as a member of the legislature to pressure or harass her or make any inappropriate
request or suggestion.” 190 Representative Kihuen described his relationship with Nevada Lobbyist
as “friends” but testified that he “did pursue her” and that he “wanted to get to know her.”191
Representative Kihuen described his conversations with the Nevada Lobbyist as “completely
consensual, completely friendly and flirtatious with each other.” 192 Representative Kihuen
acknowledged, however, that Nevada Lobbyist sent some messages rebuffing his advances but
explained that Nevada Lobbyist is “very sarcastic” with a “very dry sense of humor,” that he
believed her responses were jokes, 193 and that “I thought she was just playing a little bit hard to
get.” 194 Representative Kihuen testified that “[t]here was never an instance where I said, ‘If you
do this I’m going to kill your bill, or if you don’t do this you’re not going to get your bill
passed.’” 195 Representative Kihuen acknowledged that he “had the ability to [kill her bill] as Vice
Chairman of the Committee,” and that Nevada Lobbyist knew that. 196
D.

Alleged Inappropriate Behavior Directed Towards Other Women

During the course of its investigation the ISC was presented with allegations, testimony,
and evidence of additional alleged inappropriate behavior by Representative Kihuen directed
towards other women who chose not to participate in the ISC’s investigation.
In December 2017, the media reported that a front desk clerk (Front Desk Clerk) at
Representative Kihuen’s condo building made allegations that Representative Kihuen was
inappropriate in interacting with her. Front Desk Clerk chose not to respond to the ISC’s inquiry.
186

ISC Interview of Nevada Lobbyist.
Id.
188
Id.
189
Id.
190
ISC First Interview of Representative Kihuen.
191
Id.
192
Id.
193
ISC Second Interview of Representative Kihuen.
194
Id. (“Again, she’s beautiful. In my eyes, I told her many times that she was beautiful. I liked her. Thought she
liked me back. And, honestly, in a way I thought she was just playing a little bit hard to get. I’ve had many
girlfriends that I dated that I had to, again, pursue a little more, be a little persistent, not to the point where I’m,
again, saying or doing anything inappropriate. But, again, it was just in a flirty way.”).
195
ISC First Interview of Representative Kihuen.
196
ISC Second Interview of Representative Kihuen.
187

20

 Representative Kihuen characterized their relationship as “professional.” 197 Representative
Kihuen stated that he did not express a romantic interest in Front Desk Clerk and that Front Desk
Clerk flirted with him and expressed a romantic interest in him. 198 Representative Kihuen also
stated that in his last interaction with her, Front Desk Clerk asked if she could stay with him during
a visit to Washington D.C. and that “she got mad at me because I didn’t let her stay in my
apartment.” 199 Because Front Desk Clerk chose not to participate in the ISC’s inquiry, the ISC is
unable to make any determinations with respect to Front Desk Clerk’s allegations.
The ISC was also informed that Representative Kihuen may have engaged in inappropriate
behavior directed towards a second D.C. firm employee (“Second D.C. Firm Employee”) working
at the aforementioned D.C. firm. Representative Kihuen allegedly sent unsolicited text messages
and expressed interest in Second D.C. Firm Employee in 2017. 200 Second D.C. Firm Employee
did not work directly with Representative Kihuen 201 and there is dispute among witnesses
regarding the frequency, appropriateness, and receptiveness of Second D.C. Firm Employee to
Representative Kihuen’s alleged contact and advances. 202 Second D.C. Firm Employee did not
respond to repeated attempts by the ISC to contact her, so the ISC is unable to make any
determinations with respect to the allegations. However, Second D.C. Firm Employee did refer to
Representative Kihuen’s interactions as “harassment” in a text message to D.C. Firm Employee. 203
Representative Kihuen told the ISC he did not recall whether he ever communicated with Second
D.C. Firm Employee. 204
A campaign consultant who worked with Representative Kihuen’s congressional
campaigns (“Campaign Consultant”) was approached by another woman (Unidentified Woman)
in “December of 2017[,] when all the allegations were coming out.” 205 The Unidentified Woman
allegedly told Campaign Consultant that she was subjected to inappropriate comments by
Representative Kihuen in the fall of 2017. 206 The Unidentified Woman also “referenced some of
the comments that were made by some of the other allegations as a pattern that seemed true, based
on what [Representative Kihuen] had said to her at some point.” 207 The Unidentified Woman,
however, “was adamant that she did not want to talk about it,” and “said she did not want to be
part of any of this.” 208 Accordingly, the ISC is unable to make any determinations with respect to
the Unidentified Woman’s allegations. With respect to the Unidentified Woman’s allegations,
197

Id.
ISC Second Interview of Representative Kihuen.
199
Id. (“That was the last conversation I had with her. I felt that she – she got mad at me because I didn’t let her
stay in my apartment. I didn’t think it was appropriate. I barely knew her, and I did—I just didn’t see her that
way.”).
200
ISC Interview of D.C. Firm Employee.
201
ISC Interview of D.C. Firm Partner (“Q: Did [Second D.C. Firm Employee] work on Representative Kihuen’s
campaign? A: Not directly, but she was in an advisory role and may have advised [] at some point about campaignrelated issues.”).
202
ISC Interview of D.C. Firm Employee; ISC Interview of D.C. Firm Partner; ISC Interview of D.C. Firm CoWorker.
203
Exhibit 25 (“It was harassment even if we tried to laugh it off.”).
204
ISC First Interview of Representative Kihuen.
205
ISC Interview of Campaign Consultant.
206
Id.
207
Id.
208
Id.
198

21

 Campaign Consultant explained, “I have no reason to believe that she was not telling me the truth,
and I have no reason to believe that the other women were not telling the truth . . . but I also have
no reason to not believe Ruben. I’ve known Ruben for 15 years.” 209
Finally, on December 14, 2017, after a number of the allegations had been made public,
Representative Kihuen sent a text message to two individuals who were helping him address the
allegations of misconduct, stating “I’m now afraid that more will come out if I wait too long to
announce I won’t seek re-election. Or that even if I announce no re-election that it will still not be
enough for some and they will still come forward.” 210 Representative Kihuen testified that he
wrote the December 14, 2017, message because he has dated dozens of women and “you never
know if any of them, because we broke up or because it didn’t work out, would come forward but
not because there’s anything specific that I was pinpointing to.” 211
V.
A.

ANALYSIS

Jurisdiction

Not all of the allegations against Representative Kihuen fall within the Committee’s, and
by extension the ISC’s, jurisdiction. The Committee has jurisdiction over the conduct of Members,
officers and employees of the House of Representatives. 212 In 1998, the Committee addressed the
question of whether its jurisdiction extended to behavior occurring before a Member was sworn
into Congress. 213 In the Matter of Representative Jay Kim, the Committee was presented with
allegations that a Member accepted campaign contributions from foreign nationals, as well as
excessive contributions, during his successful campaign to the House. 214 The Committee
consulted the House Parliamentarian to determine whether conduct that predated a Member’s term
in the House fell within the Committee’s jurisdiction and the Parliamentarian advised the
Committee that it had jurisdiction “to investigate allegations of misconduct relating to a successful
campaign for election to the House.” 215 The Committee voted unanimously to concur in the
Parliamentarian’s interpretation of its jurisdiction and announced the scope of its jurisdiction in a
public statement. 216 The Committee publicly reiterated that it has jurisdiction to investigate

209

Id.
Exhibit 26.
211
ISC Second Interview of Representative Kihuen.
212
See House Rule XI, clause 3.
213
House Comm. on Standards of Official Conduct, In the Matter of Representative Jay C. Kim, H. Rep. 105-797,
105th Cong. 2d Sess. (1998).
214
Id.
215
Id.
216
Id. (“The Parliamentarian also advised the Chairman and Ranking Democratic Member that the Committee had
jurisdiction under House Rule 10, Clause 4(e), to investigate allegations of misconduct relating to a successful
campaign for election to the House. Consequently, the Chairman and Ranking Democratic Member exercised their
authority under Committee Rule 17(c) to establish an investigative subcommittee to conduct an inquiry concerning
Representative Kim.”).
210

22

 allegations of misconduct relating to a successful campaign for election to the House in 2001 and
2012. 217
On December 21, 2017, the Committee delegated authority to the ISC to conduct the instant
investigation. The ISC collected evidence relating to allegations of misconduct from before,
during, and after Representative Kihuen’s election to the House. While the ISC cannot make a
finding of a violation on the basis of allegations that occurred before Representative Kihuen was
within the Committee’s jurisdiction, the ISC is free to consider all relevant evidence, even when
the corresponding allegations fall outside of the ISC’s jurisdiction, to the extent it shows a pattern
or practice of behavior by Representative Kihuen or assists in the ISC’s credibility determinations.
Accordingly, while the ISC need not look back any further than Representative Kihuen’s conduct
as a sitting Member of Congress to find that he violated applicable House Rules, the ISC
considered all evidence related to allegations against Representative Kihuen in making the
necessary credibility determinations. 218
B.

Sexual Harassment

Discrimination against an employee on the basis of sex or gender is strictly prohibited by
the Code of Official Conduct as well as the CAA, which subjects Members of Congress to a
number of federal employment laws, including Title VII of the Civil Rights Act of 1964. The
Committee has long held “that sexual harassment is a form of sex discrimination,” and that such
behavior violates the House Code of Official Conduct. 219 In the Matter of Representative Jim
Bates, the Committee expressly held that a Member who violates applicable sex discrimination
and sexual harassment laws also stands in violation of House Rule XXIII, clause 9. 220 The
Committee also explained that clause 9 “tracks the language of Title VII of the Civil Rights [Act]
of 1964 and should be interpreted in light of judicial and administrative decisions construing that
law.” 221 On February 6, 2018, the House formally amended clause 9 to confirm that the prohibition
includes “committing an act of sexual harassment against such an individual.” 222
The Code of Federal Regulations explains that, under Title VII, “[u]nwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
constitute sexual harassment when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment, (2) submission to or rejection of
217

House Comm. on Standards of Official Conduct, In the Matter of Representative Earl F. Hilliard, H. Rep. 107130, 107th Cong. 1st Sess. (2001) (hereinafter Hilliard); Statement of the Chairman and Ranking Member of the
Committee on Ethics Regarding Representative Michael Grimm (Nov. 26, 2012).
218
Because the ISC found that Representative Kihuen violated applicable House Rules with respect to his conduct as
a sitting Member of the House, the ISC need not address whether any of Representative Kihuen’s behavior prior to
being sworn in as a Member of the House falls within the ISC’s jurisdiction.
219
Ethics Manual at 268-69 (citing House Comm. On Standards of Official Conduct, House Comm. on Standards of
Official Conduct, Bates at 8-10; see also Meritor, 477 U.S. at 67 (quoting Henson v. Dundee, 682 F.2d 897, 902
(11th Cir. 1982)) (“Sexual harassment which creates a hostile or offensive environment for members of one sex is
every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a
requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work
and make a living can be as demeaning and disconcerting as the harshest of racial epithets.”).
220
See Bates at 8-10.
221
Ethics Manual at 269 (internal citation omitted).
222
H.R. Res. 724, 115th Cong. (2018).

23

 such conduct by an individual is used as the basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile, or offensive working
environment.” 223
Not every instance of unwelcome “sexual advances” or “verbal or physical conduct of a
sexual nature” amounts to discrimination under federal law. 224 When determining whether
unwelcome sexual advances rise to a level to allow for legal remedies, reviewing courts focus on
whether the advances were premised on a quid pro quo exchange, i.e. “that a tangible job benefit
or privilege is conditioned on an employee’s submission to sexual black-mail and that adverse
consequences follow from the employee’s refusal,” 225 or whether the sexual advances were
“sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an
abusive working environment” for the recipient. 226
While the Committee has addressed allegations of sexual harassment in the past, those
matters have generally involved unwanted advances directed towards employees of the House of
Representatives. In 1989, the Committee considered whether a Member violated a law or House
Rule when he straddled a staffer’s leg, touched a staffer’s knees, shoulders and buttocks, and made
comments of a sexual nature, including commenting on how a staffer’s breast looked. 227 The
Committee found that the Member violated clause 9 of the Code of Official Conduct by sexually
harassing two female staffers and reproved the Member for his conduct. 228
In 2014, the Committee found that a Member told a House staffer that “he had difficulty
sleeping after sex”; and “he could not understand how male and female Members of Congress, but
especially female Members, can stay in their own clothing, specifically their underwear, for 16
hours at a time.” 229 The Committee found that the Member’s comments did not, on their own
support a claim for sexual harassment, because they “do not constitute sufficiently pervasive or
severe conduct to render the work environment discriminatory.” 230 Although the Committee found
no House Rules were violated, it noted that it “finds it concerning that in the year 2014 it has to
remind a Member that such comments show poor judgment.” 231 It is now 2018, and that concern
has not diminished. Thus, the ISC states, in the strongest terms, that sexual harassment and
discrimination in the workplace are serious matters and Members should avoid even the
appearance of such conduct.
223

29 CFR § 1604.11(a) (1999); Meritor, 477 U.S. at 65 (citing the quoted provision of the CFR and explaining that
the quoted provision “describe[s] the kinds of workplace conduct that may be actionable under Title VII.”).
224
29 CFR § 1604.11(a); Faragher v. City of Boca Raton, 524 U.S. 775, 787-88 (1998) (explaining that courts
should look at circumstances such as the “‘frequency of the discriminatory conduct; its severity; whether it is
physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an
employee’s work performance’” to determine “whether an environment is sufficiently hostile or abusive” to allow
for legal recourse) (citations omitted).
225
Gary v. Long, 59 F.3d 1391, 1395 (D.C. Cir. 1995) (citation omitted).
226
Meritor, 477 U.S. at 67.
227
See Bates.
228
Id.
229
House Comm. on Standards of Official Conduct, In the Matter of Representative Alcee L. Hastings, H. Rep. 113663, 113th Cong. 2d Sess. 12 (2014).
230
Id. at 14.
231
Id. at 16.

24

 Each of the aforementioned matters involved House employees. The Committee has not
previously applied clause 9 to conduct directed at individuals who are not employed by the House
of Representatives. The Committee has, however, found that a Member’s unwanted advances
towards an individual not employed by the Member were contrary to the requirement in House
Rule XXIII, clause 1, that Members must act in a manner that reflects creditably upon the House.232
Accordingly, even if Representative Kihuen’s conduct while in Congress does not violate Title
VII or other applicable sexual harassment laws, his conduct could still violate clause 1.
This Committee has previously stated that “[c]lause 1 is the most comprehensive provision
of the Code and was adopted, in part, so that the Committee, in applying the Code, would retain
‘the ability to deal with any given act or accumulation of acts which, in the judgment of the
committee, are severe enough to reflect discredit on the Congress.’” 233 The Committee has long
taken the position that misconduct relating to a campaign and other outside activities occurring
during a Member’s tenure in the House can be the basis for finding a violation of clause 1. 234
Further, clause 9 prohibits Members from engaging in discrimination and harassment
towards an individual with respect to hiring, “compensation, terms, conditions, or privileges of
employment.” The Rule is not limited to individuals employed by the House, but includes any
individual for whom the Member has control over the terms or conditions of their employment.
Even if Representative Kihuen did not squarely violate clause 9, Members are charged under Rule
XXIII, clause 2, with following the spirit as well as the letter of House rules. 235
For the reasons discussed below, the ISC found that at least one woman who was working
with Representative Kihuen while he was a Member of the House (and thus within the
Committee’s jurisdiction), was subject to unwanted advances, including unwanted kissing and
touching. 236 The ISC also found that Representative Kihuen’s denial of that woman’s allegations,
and his denials of the allegations of at least two other women, were not credible. Accordingly, the
ISC found that Representative Kihuen violated clauses 1 and 2 of House Rule XXIII.
1.

The ISC found Representative Kihuen’s Complainants to be Credible

First, the ISC found Representative Kihuen’s complainants to be credible based on their
testimony and accompanying supporting evidence. The ISC was presented with compelling
testimony from Campaign Staffer, D.C. Firm Employee, and Nevada Lobbyist that Representative
232
House Comm. on Standards of Official Conduct, In the Matter of Representative Gus Savage, H. Rep. 101-397,
101st Cong. 2d Sess. (1990) (hereinafter Savage) (finding a violation of then-Rule XLIII, clause 1, which utilized the
same language now found at Rule XXIII, clause 1, based on unwanted sexual advances directed towards a Peace
Corp volunteer who was not an employee of the House).
233
In the Matter of Representative E.G. “Bud” Shuster, H. Rep. 106-979, 106th Cong., 2d Sess. 9 (Oct. 16, 2000);
Hilliard at 12.
234
See Ethics Manual at 14-16, 122-23.
235
Id. at 16-17; 268-69 (citing Bates at 8-10).
236
Having found that Representative Kihuen’s conduct with respect to D.C. Firm Employee falls within the
Committee’s jurisdiction, the ISC did not need to reach the question of whether Representative Kihuen’s conduct
with respect to Campaign Staffer was within the Committee’s jurisdiction and takes no position on that question.
The ISC’s recommendation in this Report is based solely on Representative Kihuen’s conduct after his election to
Congress.

25

 Kihuen made repeated unwanted advances, many of an overt sexual nature, towards women who
were required to interact with him as part of their professional responsibilities.
The complainants’ allegations are also supported by evidence that they contemporaneously
detailed the very behavior that Representative Kihuen denies to friends, family members and coworkers. 237 Accordingly, to accept Representative Kihuen’s assertions that the alleged conduct
did not occur, the ISC would have to find that the complainants interviewed by the ISC – three
women unrelated by time, space, or profession – lied to their family, friends, co-workers and
supervisors on or around the dates that each alleged incident occurred. The ISC found the
complainants’ assertions to be more compelling.
The allegations are also bolstered by the similarities in the accounts. Two unrelated
women, Campaign Staffer and Nevada Lobbyist, have both testified that Representative Kihuen
touched their thighs while they were riding in a car with him. 238 Two unrelated women, Campaign
Staffer and Firm Partner, have both testified that Representative Kihuen asked them if they have
ever or would ever cheat on their boyfriend or husband. 239 Two unrelated women, D.C. Firm
Employee and Nevada Lobbyist, have either testified or produced evidence that Rep. Kihuen spoke
to them about their career or career advancement in the course of hitting on them. 240 Finally, two
unrelated women, Campaign Staffer and Nevada Lobbyist, have both testified that Representative
Kihuen has grabbed the back of their thigh or their buttocks while they were alone in an office
with him. 241
The ISC finds it noteworthy that Representative Kihuen was confronted by two separate
entities regarding his behavior towards women before the first news report was published. The
ISC was presented with evidence that Firm Partner contacted Representative Kihuen “to let him
know he needed to be careful and that I had heard that he had been communicating with people at
my office and he should knock that off.” 242 Likewise, Representative Kihuen’s campaign was
contacted by the DCCC regarding Representative Kihuen making Campaign Staffer
“uncomfortable.” 243 While Representative Kihuen continues to deny that he behaved
inappropriately with respect to the complainants, at least two unrelated individuals from two
separate organizations felt that Representative Kihuen’s behavior was of sufficient concern that
they confronted him regarding his behavior.
237

See Exhibits 3, 4 & 5; ISC Interview of Campaign Staffer; ISC Interview of D.C. Firm Employee; ISC Interview
of D.C. Firm Co-Worker; ISC Interview of D.C. Firm Partner (“[D.C. Firm Employee] had mentioned – or had said
to me that she had been at an event with Ruben and he had come up and hugged her and kissed her . . . at a
fundraiser.”).
238
ISC Interview of Campaign Staffer (“[H]is hand was pretty firm, like it was hard for me to wiggle away.”); ISC
Interview of Nevada Lobbyist (“we got in my car, and he – I was wearing like a skater dress that the bottom was like
a little bit more I guess kind of flouncy. And he just like rested his hands on my thigh and just like pushed – pushed
the dress up a little bit.”).
239
ISC Interview of Campaign Staffer; ISC Interview of D.C. Firm Partner (“Q: Did Representative Kihuen ask you
if you would be unfaithful to your husband during that conversation? A: You know what; I think, yes, he did.”).
240
ISC Interview of D.C. Firm Employee; Exhibit 9; ISC Interview of Nevada Lobbyist.
241
ISC Interview of Campaign Staffer (“[S]o I stood up to get a better look at the computer, and he grabbed the back
of my thigh.”); ISC Interview of Nevada Lobbyist (“So as I was walking out, he just, like, took a palmful of my
butt.”).
242
ISC Interview of D.C. Firm Partner; ISC Interview of Former Chief of Staff.
243
ISC Interview of Campaign Manager.

26

 Representative Kihuen proffered character witnesses from his time in the Nevada Senate
who stated that they never witnessed Representative Kihuen behave inappropriately towards any
woman. 244 Both of the two character witnesses interviewed by the ISC, however, testified that
they have no first-hand knowledge regarding the allegations of the aforementioned
complainants. 245 In contrast, two other witnesses testified before the ISC that they worked closely
with both Representative Kihuen and one of the complainants, Campaign Staffer, and that based
on their first-hand experience with those two individuals, they believe Campaign Staffer’s
allegations. 246
Finally, the ISC found Representative Kihuen’s credibility to be undermined by the scope
of his denials. First, with respect to D.C. Firm Employee, Representative Kihuen’s testimony that
he did not have any physical contact with D.C. Firm Employee during the karaoke themed
fundraiser stands at odds with D.C. Firm Employee’s testimony, 247 the testimony of a witness who
told the ISC that she saw Representative Kihuen put his hand on D.C. Firm Employee’s shoulders
and lower back at various points in the evening, 248 and contemporaneous text messages. 249
Similarly, Representative Kihuen’s assertion that his conversation with D.C. Firm Partner “wasn’t
specifically about staffers with her firm,” 250 stands at odds with the testimony of Representative
Kihuen’s former Chief of Staff 251 and D.C. Firm Partner’s own testimony. 252
Likewise, Representative Kihuen’s denials regarding the atmosphere in his 2016
congressional campaign office stand at odds with the testimony of his campaign staffers.
Campaign Staffer testified that in February 2016, Representative Kihuen began talking about his
sex life and “women he dated or women he slept with in the office in front of everybody.” 253
Campaign Staffer testified that Representative Kihuen discussed a “Sports Illustrated model, and
basically said they slept together, and she was upset about it because he didn’t want a serious
relationship,” and talked about how one of their primary opponents “slept with a ton of people.”254
Another campaign staffer testified that Representative Kihuen “would often make jokes about sex
or women in some form or another, that were also sexual” in the campaign office, 255 and confirmed
that Representative Kihuen made disparaging remarks about a primary opponent, calling her a

244

See ISC Interview of First Kihuen Character Witness; ISC Interview of Second Kihuen Character Witness.
See ISC Interview of First Kihuen Character Witness; ISC Interview of Second Kihuen Character Witness.
246
ISC Interview of Campaign Manager; ISC Interview of Second Campaign Staffer.
247
ISC Interview of D.C. Firm Employee.
248
ISC Interview of D.C. Firm Co-Worker.
249
Exhibit 4.
250
ISC First Interview of Representative Kihuen.
251
ISC Interview of Former Chief of Staff (“At one point a partner at the firm had said to me that she had spoken to
Ruben about ensuring he didn’t come across as too friendly with the junior staff.”).
252
ISC Interview of D.C. Firm Partner.
253
ISC Interview of Campaign Staffer.
254
ISC Interview of Campaign Staffer.
255
ISC Interview of Second Campaign Staffer (“Ruben certainly made jokes that were beyond inappropriate if other
women were in the room. . . . Well many of the comments that [Representative Kihuen] made to me were sexual.
And he joked around like that with [Campaign Manager] as well.”).
245

27

 “slut” in front of campaign staff, 256 and that Representative Kihuen “made a joke like Black
women are good in bed.” 257
In contrast, Representative Kihuen denied ever talking to his campaign staffers about his
sex life, denied ever making any sexually explicit or related jokes around his staffers,
Representative Kihuen denied telling any campaign staffers “that Black women are good in bed,”
and Representative Kihuen denied ever talking to his campaign staffers about a Sports Illustrated
model that he may have slept with. 258 Representative Kihuen also denied ever calling one of his
primary opponents a “slut” in front of his campaign staff, denied ever talking to his campaign staff
about how attractive a particular woman was, and denied ever commenting on a woman’s posterior
in front of campaign staffers. 259
Finally, Representative Kihuen denied engaging in any inappropriate behavior with respect
to Nevada Lobbyist and testified that he and Nevada Lobbyist were “friendly with each other” but
that “[t]here were never sexual advances.” 260 Representative Kihuen’s denial, however, stands at
odds with text messages he sent where Representative Kihuen asked for “[a] delicious make out
kiss,” 261 where he asked “[c]an I come cuddle with you on your bed,” 262 where Representative
Kihuen invited Nevada Lobbyist to his hotel room on a rainy day and stated “[n]othing like making
passionate love with the window open listening to the rain,” 263 where Representative Kihuen asked
Nevada Lobbyist on more than one occasion to come sit on his lap during legislative meetings,264
where Representative Kihuen sent text messages stating “[n]ice ass” and “[y]our ass looks amazing
in those pants.” 265 where Representative Kihuen asked Nevada Lobbyist “[w]hat color are your
panties,” 266 and where Representative Kihuen stated to Nevada Lobbyist “[y]ou look fabulous in
black, . . . [b]ut I’m sure you look even better naked.” 267
The ISC did not find Representative Kihuen’s denials on these matters to be credible,
especially when considered next to strong documentary and testimonial evidence to the contrary.
By contrast, the ISC found Representative Kihuen’s complainants to be credible and forthcoming.
Representative Kihuen’s failure to acknowledge his general sexual comments or flirtations further
undermined his credibility as to the more central allegations of unwanted advances and
inappropriate touching. The ISC found it concerning that Representative Kihuen did not own up
to his actions, nor did he appear to appreciate the position in which he put women who were
required to interact with him as part of their professional responsibilities.

256

Id.; ISC Interview of Campaign Staffer.
ISC Interview of Second Campaign Staffer.
258
ISC First Interview of Representative Kihuen.
259
Id.
260
ISC Second Interview of Representative Kihuen.
261
Exhibit 12.
262
Exhibit 13.
263
Exhibit 14.
264
Exhibit 15.
265
Exhibit 16.
266
Exhibit 17.
267
Exhibit 18.
257

28

 2.

Representative Kihuen’s Conduct Violated Applicable House Rules

Actionable sexual harassment, under Title VII and applicable laws is an exacting standard.
Unwelcome sexual advances must be premised on a quid pro quo exchange, i.e. “that a tangible
job benefit or privilege is conditioned on an employee’s submission to sexual black-mail and that
adverse consequences follow from the employee’s refusal,” 268 or “sufficiently severe or pervasive
to alter the conditions of the victim’s employment and create an abusive working environment” in
order for an individual to sustain a viable legal claim. 269
While Representative Kihuen’s conduct may not have risen to the Title VII standard for
sexual harassment, the ISC finds that Representative Kihuen’s unwanted advances towards women
who were required to interact with him as part of their professional responsibilities did not reflect
creditably upon the House, violated the spirit of applicable sexual harassment and gender
discrimination laws, and warrants Reproval by the Committee.
While Representative Kihuen denied the majority of the allegations levied against him, he
also reminded the ISC that he is a single, unmarried, man, and that, other than Campaign Staffer,
none of the women worked directly for him. 270 While Representative Kihuen is, indeed, free to
pursue romantic relationships, and the majority of women raising allegations did not work for him,
the allegations before the ISC involve alleged persistent and unwanted advances directed towards
women who were required to interact with Representative Kihuen as part of their job. Contrary to
Representative Kihuen’s assertions, such actions have been found to be a violation of applicable
House Rules in the past and Representative Kihuen’s actions stand in violation of applicable House
Rules today.
The Committee has previously found a Member’s unwelcome sexual advances to be a
violation of clause 1 even without an employer/employee relationship. 271 In 1990, the Committee
found that a Member made unwelcome sexual advances toward a Peace Corps volunteer while on
an official trip. 272 The Committee found that the Member’s conduct was contrary to the standard
of conduct expressed in clause 1, and found the Member in violation despite the fact that his
behavior was not directed towards a House employee or volunteer. 273
The ISC found that, while a Member of Congress, Representative Kihuen engaged in
unwanted physical contact by repeatedly kissing D.C. Firm Employee’s cheek and touching her
shoulders and lower back, and engaged in unwanted advances by commenting on D.C. Firm
Employees physique, commenting on her appearance, inquiring about her relationship status,
asking D.C. Firm Employee if she lived alone and commenting that he lived alone, and insinuating

268

Gary, 59 F.3d at 1395.
Meritor, 477 U.S. at 67.
270
ISC First Interview of Representative Kihuen; ISC Second Interview of Representative Kihuen (“How am I
supposed to meet my future wife if I don’t flirt with someone or if I don’t – you know, I’m just being honest.”).
271
Savage at 14 (finding a violation of then-Rule XLIII, clause 1, which utilized the same language now codified at
Rule XXIII, clause 1 with respect to unwanted sexual advances directed towards a Peace Corp volunteer who was
not an employee of the House).
272
Id.
273
Id.
269

29

 that he would help D.C. firm employee with her career in exchange for a romantic relationship. 274
Representative Kihuen also behaved inappropriately when inquiring whether Firm Partner would
cheat on her spouse. 275
The ISC stresses that it finds Representative Kihuen in violation of clause 1 and clause 2
in large part because his unwanted advances were directed towards women required to interact
with him as part of their professional responsibilities. While Members are free to pursue romantic
and intimate relationships outside of the House, there is an inherent power imbalance when
Members romantically pursue individuals who are required to interact with Members as part of
their professional responsibilities. That power dynamic was referenced by multiple witnesses in
this matter. 276 While Representative Kihuen stated he didn’t think the power imbalance was at
play in his interactions, 277 Representative Kihuen acknowledged that he had the power to affect at
least one complainant’s career but asserted that because he never expressly threatened to utilize
that power he did nothing wrong. 278 That power imbalance and Representative Kihuen’s insistence
that he did nothing wrong makes the plight of the women who have chosen to speak up more
difficult.
While Representative Kihuen may never have intended to affect their careers, the
complainants’ professional lives were clearly impacted by his actions. D.C. Firm Employee and
Nevada Lobbyist both testified that they felt they missed out on career opportunities as a result of
Representative Kihuen’s unwanted advances, 279 and Campaign Staffer testified that she felt her
decision to leave Representative Kihuen’s campaign early, because of his unwanted advances, may
negatively affect her future employment. 280

274

ISC Interview of D.C. Firm Employee.
ISC Interview of D.C. Firm Partner (“Q: Did you feel that the statement was appropriate in the context of the
conversation? A: No.”).
276
ISC Interview of D.C. Firm Employee (“I’m not in a place to yell at a Member of Congress and say ‘stop
touching me’ because I just started my career, she said. He’s a Member of Congress and a client of my firm and
some of my friends were, like, why didn’t you just shut him down? Tell him to stop talking to you? And it’s
because there’s just such a power dynamic that makes it so you can’t really.”); ISC Interview of D.C. Firm CoWorker; ISC Interview of Nevada Lobbyist.
277
ISC Second Interview of Representative Kihuen (“Q: You described [Nevada Lobbyist] as a someone who would
come lobby you with her bosses. She was a junior lobbyist. You said you were vice chair of a very powerful
committee. Do you think there was a power imbalance between you and her? A: Again, I didn’t see it as: I’m the
chair. I’m the vice chairman. I’m the Senator. I’m the majority whip, and you’re just a lobbyist. I didn’t see it that
way. I saw it as: I like you and – I mean, I’m going to be honest with you. How am I supposed to meet my future
wife if I don’t flirt with someone or if I don’t – you know, I’m just being honest.”).
278
Id. (“There was no – no indication here, and you’ll see, did I ever say, if you don’t come over, I’m going to kill
your bill. Because I had the ability to do it as a vice chairman of the committee. And, again, I want to make that
clear. There was no quid pro quo here. There was no, you need to do this, you know, or else I’ll kill your bill or not
pass your bill. This is, again, maybe flirting gone bad.”).
279
ISC Interview of D.C. Firm Employee (testifying that Representative Kihuen’s behavior towards women in
general and attention directed at her were two of multiple factors taken into consideration that resulted in a missed
job opportunity); ISC Interview of Nevada Lobbyist.
280
ISC Interview of Campaign Staffer (“But I was also worried that quitting a campaign before it ended would kind
of look bad, like it would look like I wasn’t willing to work hard enough, or that I wasn’t really committed to my
position. And I think, especially because with campaigns, you’re usually working 7 days a week, you might be in
the office for over 12 hours, I would think people who are hiring for campaigns would be really concerned about
someone who seemed kind of flaky, or if they would quit if they didn’t like something.”).
275

30

 Representative Kihuen testified that “I find it intriguing every now and then when a woman
plays a little bit of hard to get.” 281 In pursuing women Representative Kihuen may have believed
were playing “hard to get,” Representative Kihuen subjected those women to repeated unwanted
advances, made those women feel uncomfortable in their working environment, and ultimately
violated clauses 1 and 2 of the Code of Official Conduct.
In the course of its investigation, the ISC encountered evidence of a general tolerance of
inappropriate behavior in the political arena. Each of the women raising allegations expressed fear
of facing consequences for speaking up, often by employers other than Representative Kihuen,
and many other alleged recipients of unwanted advances by Representative Kihuen chose not to
participate in the ISC’s inquiry. While Representative Kihuen is responsible for his own actions,
the ISC was left with questions as to whether other entities outside of its jurisdiction could have
done more to support the targets of Representative Kihuen’s unwanted advances. 282
The ISC agrees with one key statement made by Representative Kihuen: “[n]o one should
ever feel uncomfortable in their working environment.” 283 Whether it’s in a congressional office,
on the campaign trail, or in any other professional environment, Members must be sensitive to the
power imbalance that exists between themselves and others and must not make individuals
interacting with them as part of their professional responsibilities feel uncomfortable due to
unwanted advances.

VI.

RECOMMENDATIONS

For the aforementioned reasons the ISC recommends that the Committee adopt this report
and issue a Reproval to Representative Kihuen for his behavior.

281

ISC Second Interview of Representative Kihuen.
The ISC was presented with credible evidence that when D.C. Firm Employee initially approached the D.C. Firm
to raise awareness of Representative Kihuen’s advances, her direct supervisor, Firm Partner, suggested that she sleep
with Representative Kihuen and come back and provide details of the encounter. When D.C. Firm Employee
approached the Firm about Representative Kihuen’s behavior at the karaoke fundraiser, the evidence indicates that
the D.C. Firm did not take immediate action but waited until after other news reports regarding sexual harassment
and the #MeToo movement began to gather steam before speaking to Representative Kihuen.
Likewise, the ISC is left with questions regarding the DCCC’s response to allegations of inappropriate
behavior by Representative Kihuen during his 2016 congressional campaign. While the DCCC spoke to both
Campaign Staffer and Campaign Manager, it is not clear that the DCCC performed anything more than a surface
inquiry into the allegations. It appears that both the D.C. Firm and the DCCC could have done more to support the
complainants.
283
ISC First Interview of Representative Kihuen.
282

31

  Exhibitl 

 

From:
To:
Subject: an you - 

Sent: Wed, 1'1 Oct 2017 21:20:54 +0000

Any time 

Messa - 

 

Hi- hope this is your email address. Just wanted to say thank you for offering to bring me lunch
today. Not sure if'l said thanks. You're so sweet. 

Ruben

Sent from my iPhone

COE.KIHUEN.001411



 

Exhibitz 

 

 

CONFIDENTIAL COMMITTEE SENSITIVE 

COE.KIHUEN. 002206

 

Exhibit3

Timestamp: Date: 9/27/2017 9:27:36 PM

From: .
Body: Also ruben asked me if I'm single and then asked me why I'm still
Single 101 -

Timestam Date: 9 27 2017 9:27:48 PM
From: - .
Body: But I heard you're going to

Timestam Date: 9/27/2017 9:51:34 PM
Goodf that's awesome. I'm glad it's going well. I am going to
How's the itinerary looking?

Timestam Date: 9/27 2017 9:54:59 PM

 

Bodycopy. Lo

Timestam Date: 9/27/2017 9:55:16 PM
Body: 0mg yes. en me one -

Timestam Date: 10 11 2017 9:05:44 PM 
From:

Attachment 

Timestam Date: 12 1/2017 5:59:28 PM
From: 
Body: You're gonna get a not fun call from today about 

we just had a similar convo so let me know if you want to debrief
before!! 

Timestam Date: 12/1/2017 6:58:13 PM

Body: Oh damn

Timestam Date: 12 1/2017 7:03:54 PM
From:
Body: Are you okay?

Timestam Date: 12 1 2017-7:04:32 PM .
From:
Body: Yeah I'm totally fine. Did she call you yet?

Timestamp: Date: 12/1/2017 7:04:53 PM 
From:
Body: No. She asked me to call her after 3pm

Timestamp: Date: 12/1/2017 7:05:35 PM

From: 

 

CONFIDENTIAL COMMITTEE SENSITIVE 

COE.KIHUEN.002135

IntentionallyLeft Blank 

 

Partici ants:

 

Timestam Date: 10/11/2017 5:15:24 PM
From:
Body: Today's episode of "Weird Emails from Congressmen"
Attachment 

Timestam Date: 10/11/2017 5:25:02 PM
From:
Body: Emphasized ?Today's episode of "Weird Emails from Congressmen"?



Timestam :.Date: 10 11/2017 5:27:48 PM
From:

Body: Last week he asked I'm single CD

Timestam te: 10 11 201 7 PM
From:
Body: Lol -

Timestam Date: 10/12/2017 10:14:32 PM
From:
Body: 15 his middle name jesus

Timestam Date: 10 12 2017 10:15:00 PM
From:
Body: Lol yup



Timestamp: Date: 10/12/2017 10:19:54 PM
From:
Body:
Attachment 

Timestamp: Date: 10/12/2017 10:22:55 PM
From:
Body: His muscles aren't too bad

Timestam Date: 10/12/2017 10:23:38 PM
From:
Body: He's the one_who skips ca11 time to buy protein powder

Timestamp: Date: 10/12/2017 10:23:51 PM
From:
Body: Lol

Timestamp: Date: 10/12/2017 10:30:56 PM
From:
Body: Laughed at ?Hey girl 

Timestamp: Date: 10/12/2017 10:31:38 PM
From:

CONFIDENTIAL4-COMMITTEE SENSITIVE - I .. 

COE.KIHUEN.001919

 

Exhibit 4

 

CONFIDENTIAL

COE.KIHUEN.002134

COMMETTEE SENSITIVE

 

 

 

 

 



22:.

 

 

gig:



 

 

 

 

I 
I

Timestamp: Date: 10/25/2017 11:10:11 PM

From: .

Body: Congressman Kihuen just told me that I look athletic, that I am one
of the most beautiful girls in washington,.and asked me again why I don't
have a boyfriend 

Timestamp: Date: 10/25/2017 11:10:17 PM
From:

Body: He's kissed my cheek tw1ce
Timestam Date: PM
From:
Body: That?s so_gross

      
 

Timestam Date: 10/25/2017 11:10:33 PM
From:
Body: It?s more than gross 

Timestamp: Date: 10/25/2017 11:10:44 PM
From: 
Body: That's just like straight up harassment

Timestamp: Date: 10/25/2017 11:10:58 PM
From:
Body: I really don't know

Timestamp: Date: 10/25/2017 11:11:29 PM

From:

Body: Your office has been pretty unreoeptiVe when you?ve talked to
people about this? - -

Timestamp: Date: 10/25/2017 11:11:44 PM.
From:
Body: My boss told me to sleep with_him

Timestam Date: 10/25/2017 11:24:51 PM

Body: Three kisses!!

Timestamp: Date: 10/25/2017 11:25:08 PM
From:
Body: jesus

Timestamp: Date: 10/25/2017 11:25:16 PM
From:
Body: this is genuinely out of hand

Timestam Date: 10/25/201? 11:25:19 
From:
Body: and you shouldn?t have to deal with it

CONFEDENTIAL - COMMITTEE SENSITIVE - 

COE.KIHUEN.002109

 

Exhibit 5 

 

 



 

 

 

Est? @152; g? ?325?: g; a?

 



 

 

 

{3mg :3

COE.KIHUEN. 000017

 

I Alright, is es-emhing okay?

COB. KIHUEN. 000027

 

Done -

Tb tell you :the truth i don't think Hubm?s the sharpest knife

 

In the drawer

Search in Ccm-?ersaticn

Edit Nicknames

Change- Colo:

 



I w-
Charge Ems;

Notifications

 

'i guess for?ve mastpat


butimntraallywainatxwm'k

  

 

 

 

What's up?

I The-gob?

COE. KIHUEN. 000028

Done

Load more..- 



 
 

every once in 3 wk?. says things to me than are redly



ifiwamto

 

 

Searth in Ccnversaticn

Edit NicknamES
Change Color
Charge Emoji

Notifications

 

 

What did he say?

Yeah, that's really unccol

super unprofessional
COE . KIHUEN . 00002 9

 

Done

 

my old has i was talking to today thinls i can ?le a lawsuit

 

ifi want to Search in Ccn-rersation
Edit Nicknames

Change Color

wartime: tells me I?m very attractive .
Chang-a Emoji
a couple times said he'd like to take me on a date 'rfi didnt

or hi 
war Noti?cations

?nds weird excusa to toudw. me sometimes

A none

Yeah, that's really unecol

 

super unprofessional

 

I'm sorry - 
Search In Conversation
i know that, but being honest i think ?ling a lawsuit is a bit Edit Nicknames
of an overeaction
its not like i feel physically in danget or it happens like all Change Color
the fuelling time
Change Emaji
It'sjust often enough to be really creepy? ., Notifications

 

yeah it mostly only happens ifi have to be alone with him

which is not that often

 

Do you think he'd cut it out if you mentioned that it was
making you really uncomfortable?

COE.KIHUEN. 000030

 

A v? om.- 

i dam know. like you kind of wonder if its not super obvims
in the ?rst place

 

plus its not Nice this is some single guy hoping to date me
that i need to turn down, this is a guy with a longtime . Search in Conversation
girlfriend

 

Edit Nicknames

Change Cclor

I Has this happened before with bosses? 
Change quu

sorry my old boss just called me 
I No worries

 

Notifications

umm i mean there were a couple times someone i worked
with had a crush on me and i was not interested and it was
just weird

like that guy i told you. about it

 

COE.KIHUEN. 000031

likeMguyitaldyou about in

  

. Search In Ccrwersaticn



Wk Edit Nicknames

 

Change Cclor

Not quite the same as your boss though

Change Emoji

nqimeanthata??memleuelafmm 
- 

because you cant mm anyone
and this is a campaign. there's no HR depamnent

 

 

Well thanks for talking to me about it

 

COE. KIHUEN. 000032

 

COE.KIHUEN. 000009

 

Esra-E: :35 .

 

 

 Exhibit 6

 

!u!en !1!uen for Congress

P.O. Box 458
Las Vegas, NV 89125

April 2016



I am writing to inform you that I will be resigning from my position as?
for Ruben Kihuen for Congress. My last day will be April 18?, 2016.

Please let me know of any arrangements for handing oVer outstanding work and
- responsibilities. As discussed, I will also Complete an exit memo outlining ?nance
responsibilities. -

Sincerely,

COE.KIHUEN.000003

 

Exhibit 7

 

 Home (14) 

Sounds extremely exciting.
Would?ve much prefer to do that
than 

 

and me both.

9 Any plans tonight?

St Patrick's. day party!

 

You can't reply to this conversation. More options.



 

Exhibit 8 

 

 Home (14) 

. - 


So far, so good! You look

beautiful-- as always. 9

 

Laying down the charm.
Butthanks!

apologize if I said anything
last night that I shouldn't have.
This is why I hardly ever drink.

a I'm suffering 

Love the ponytail look 9

 

Thanks!

You can't reply to this conversation. More options.



 Home (14) 


 

Thanks!

Simply beautiful. Any plans this
weekend?

 

It's okay, it's worked out thus far.
A lot of working out hopefully.
Making up for lost time yknow?
How about yourself?

It's worked out very well! 9 No
visiting rural towns this
weekend? I have a town hall
meeting tomorrow morning.
Aside from that, spend time with
the family, sleep, eat good food,

work out and play soccer! 9
Getting ready to board plane. If I
stay in CC on weekends would

 

You can't reply to this conversation. More options.



 Home (14)

LI

Getting ready to board plane. If I

stay in CC on weekends would
you hang out with me?

 

Only if you didn't get drunk and

stupid. {gi-

:1
a

i wasn't drunk, just buzzed. 9
But I promise to be good and
not speak my mind.

9

Oh, okay. My mistake. And hey,
don't let me stop you from
speaking your mind.

 

Just walked out of airport.
Weather here is AMAZING. Pool

time? Don't be jealous.

 

You can't reply to this conversation. More options.



IntentionallyLeft Blank 

 

 Home (14) 

St Patrick's. day party!

Fun! No drinking and speaking

your mind, k? 

 

Wel .. You know how difficult that
is for me, but I'll try. Big plans for
you?

Lol. Just finished having sushi.
On my way home to lie on my
bed and watch a movie. Wanna

join? 6

Was just get
mad,

I like my bed ALL to myself.

You can't reply to this conversation. More Options.

 



 Home (14) 

Was just get
mad,

I like my bed ALL to myself.

Haha I don't get mad. 

 

Yay! I'll even let you pick the

movie 6

 

No I think you misread. Deal
for you to like your bed all to
yourself.

Hahahaha! Hey, it was worth a

shot! 6

 

Haha well I appreciate your
enthusiasm.

You can't reply to this conversation. More options.

COE.KIHUEN.002087

 

Home (14) 

You look extra beautiful Ms


 

Thanks!

How was your movie?

Watched one of my all-time
favorite movies The Godfather.

Great movie, just needed
company. 

 

Never seen it. Can't enjoy the
company of yourself, huh?

Never seen The 

   

You can?t reply to this conversation. More options.



 Home (14)

Never seen The 
Unacceptable. That's 

gotta have movie night! 9 It's a

classic. I enjoy being alone, but
much rather enjoy the presence
of a beautiful lady-- especially

while watching a movie. 0

 

And hey! I can't argue
with that.

Love the hair right 

second favorite style on you! 

 

Can you say something bad
about me for a change?

Um, only if you stop being so


You can't reply to this conversation. More Options.



 Home (14) 


Um, only if you stop being so


Ok, I'll stop before I get in

trouble! You are beautiful
though, and I don't have
anything bad to say. You're a
very classy woman.

 

Does that line work for you
often? 

But thank you! I'm glad you think
so.

My first time using you tell

me if it's working. 6 I can tell
you're a woman of class,

principle, honesty, 
even fashion! Must treat a
woman like you with utmost
respect.

 

You can't reply to this conversation. More options.



IntentionallyLeft Blank 

 

 Home (14) 

*Munchies

Haha wow 

your casual look

yesterday! 80 gorgeous. 9

 

It never ends does it?

Not as long as you're in my life

 

So that's all I have to 

All you had to do was smile! 

No To get rid of you.

Hahaha! Orjust not be beautiful

anymore 9

 

l?lahal I'll can \thi' nan r?ln Rim

You can't reply to this conversation. More options.



 

Home (14) 

Hahaha! Orjust not be beautiful
anymore 9

 

Haha! I'll see what I can do. Big
plans for the weekend?

A couple of events on calendar.
But definitely catch up on sleep,
go swim, play some soccer and

eat sushi! 9 You?

 

Oh exciting. Have to get your
sushi fix in Vegas huh? Can?t find
any decent in And my plans
are fairly similar except no
soccen

place like LV for sushi.
Heard CC sushi sucks. You can

come play soccer with 

 

You can't reply to this conversation. More options.



 Home (14) -


place like LV for sushi.
Heard CC sushi sucks. You can

come play soccer with 
teach you how to play! 9

 


goodidea.

I can teach you soccer and you
can teach me how to swim! 

 

You probably swim better than I


Then I'll volunteer to give you

CPR if anything happens 6

 

Yeah you would volunteer to do
that?.

You can't reply to this conversation. More options.



   Exhibit9 -

 

 Home (14) 


Nothing exciting happened in CC
last Unbelievable. I'm
sure it's bumping tonight. Lol.

doesn't sound fun at all.
Can you be my

9 Your

must be keeping
you quite busy?? now I know why
you've never stopped by and
visited my office. Maybe if I offer
to help you'll stop 9
My story as to how I became
involved in politics and
eventually ran for office at 25 is
quite long. I'll share with you in
person when we talk. In a
nutshell: I had a career?ending
injury 3 months before starting
my professional soccer career,
so then I went back to school
and got involved in public
service. So, no, I never planned
on been active with the party??

 

You can't reply to this conversation. More options.



 

Home (14)

let alone run for office.
80 what are the post-session
plans of the most mysterious

and intriguing person in 6
Don't have too much fun in CC
tonight!

 

Yeah, I know, surprising.-
-not I think you're
and y'know, I was
going to offer; however I was
under the assumption that -

already held the role of -
?to Senator Kihuen?

How devastating, sorry to hear
that happened to you. It seems
as though it's working out well
for you though, yeah?

As for after session, l?m heading
back down to-and then to

What about yourself?

You can't reply to this conversation. More Options.



 Home (14) 


?1 IUI LI luau-4;.

What about yourself?

my 
Yes, I def can't
complain; been blessed in many
other ways. You're moving back

to 

..we can sure USE your

talents here. I plan on returning
home to work and prepare for
2014 election. So since you
replied at 11:339,m I'm assuming
you're not out enjoying all the
excitement and entertainment of

9

 

Yeah! You've got to take it where
you can get it, I?m sure he'd at
least always have your best
interest in mind!

And Just?

You can't reply to this conversation. More options.



 

Exhibith

 

 Home (14) -

Too cold for pool this weekend.

 

9 Enjoy your weekend in 

Yah! Right?? so depressing.
Thank you! You as well

Good morning, How
was your weekend in I
apologize in advance for asking
over FB, but can I please have
your phone number? Need to
talk to you about important

matters relating to our state. 9

 

It was wonderful thank you for
asking. How was yours?

Wow, even throwing down the
please.

You can't reply to this conversation. More options.



 Exhibit 11

 

9- 11:20 AM 100% --

Messages RK Details

31:? itYou're so funny!



When are you inviting me
ever to your 

dirty. . hit; 1 
w?L -.- -. ~?Ix 
2-4 .. -. - -.
4.. '12- 1- 
arm. . 
Luigi-f I 
5] 





Messages

Haha! -

3?

I 

Ea

11:20 AM 100% --

RK Details

Probably neverl!

 

 

 

 

IntentionallyLeft Blank 

 

 11:40 AM 97% 

Messages RK Details

Okay11mg ae, adv-L on iv}

-

High -. 

 

What's your address?
I'm coming over a;

1600 Ave.

 

IF 3?

  

That was a good one
right?

 

I
.

 

:1

I-
. L131 5:113







..
'w

 11:40 AM 97% -:

Messages RK Details

Our future home 

'5 a as 4 0.1 
isIf? 3.349.

Messages

coming over

0

HahahahaCOE KIHUEN. 002303

11:40 AM

97% 

Details

I awakeH

h' I mean I asleep

 

34

H9
. 
?51:1 
w?

a v; 

i?

a

..). 11:40 AM 97% -.

Messages RK Details

1







Wake up?

I?m awake?

I'm coming over 

 

Oh! I mean I'm asleep

HahahahaAvian?; 
53:14?


.gvzzu



 11:40 AM 97% 

Messages RK Details

 

a 
I 
by V-v?

 

$32 

I 

I'm assuming that was a
high five! 2.:

Well, you assumed

wrong!

 

 

#3362:
Luis?

 
 
 
 

3.31?eezs 
?r 
433.5?

COE.KIHUEN.002305

IntentionallyLeft Blank 

 

9- 11:43 AM 95% --

Messages RK Details

That was good a

 

Bored?! On a Friday
night??

 

coming over

Lol no thanks. My house
isn't accepting guests at
the moment

 

Hahaha. Ouch.

   

IntentionallyLeft Blank 

 

9- 11:46 AM 95% 

Messages RK Details

 



 

You're funny kid
And all yours is

No thanks

711%

Wake up!!

I'm coming over

Oh too late!

I'm asleep. 9 5 

 

We night long



 



3.11:. 

1r 

Fall Ema 
erg. . 



9- 11:46 AM 95% -.

Messages RK Details

77. U.
I'm coming over

Oh too late!

I'm asleep. 6 3 5

 

We night long

No thanks

{5 
x?






Sam ?1 2343?: r13.? 5-3 53" iv]

WAKE 

 

   

'51

div. 




IntentionallyLeft Blank 

 

11:53 AM 92% 

RK

9-
Details

Messages

Feb17,2015! 1'0: '13 We?!

 

yeah! I stayed for
twe enty minutes and split!
wanted to see
. you fig-{i

Sorry 5

Can I come spend the
night?{tin


     



IntentionallyLeft Blank 

 

9- 11:54 AM 91% --

Messages RK Details

But he doesn't look
good in dresses like the
one you wore today is?

 

Take that up with your

date!

 



Wake 

What's your room
number?

   
 

5+2. --.- r? 1

6:9 - . 

92?: ?1:1 i?iTiEggs; 
"fig-4':



9- 11:54 AM 91% -:

Messages RK Details

Aren't you supposed to

be having a good
time,!!?

 

That's what I'm trying to
do! 

Well then why are you

texting me?!

 

Because I can't stop
thinking of you. a At
what time do you usually
go to sleep?

 

.l . 
$3 '4 1 
.13; .333 5.1. rye-f {3.5
an" an 
$1131 'ejijf?': 5.17.1531? r. r:
Eiei?m??ii? {gigga'irng'z?
"Elie?" 



9- 11:54 AM 91% El-

Messages RK Details

 

Can I come cuddle
before you Wake 

 



 

Whoo Is! TextinIntentionallyLeft Blank 

 

9- 11:57 AM 90% -.

Messages RK Details

2{5.53, You 

.. 

 

Can I come spend the

night tonight?
Gonna go with no

OMG congrats on the
big announcement! What

a surprise! 

 

Thank you! Gotta stay
focused on legislative

?1'31.
?114:1? 
. 433:;
?27; af?rm 
. a


2' "152.233 .-




 

IntentionallyLeft Blank 

 

9- 11:53 AM 90% 

Messages RK Details

L?iicii 72". TU ri'? 



Can I see softly bite your
lower lip?

Me? Not today, sorry. I?m

  

all booked up did soft lip
b?estoday!

 

Got any time tonight?

Let me check my
schedule!

 

Preferably late at

Mn: Hr .hlar?cx

1,1: in}.


f- a I
sift. 13:35:42: :1 . 1.2..
I 

,w


.9



 11:53 AM 90% 

Messages RK Details

 

Preferably late at
your place

I'll make the sacrifice
and come to your place

No no you stay at your
place

 

l?f 
21? if] 'i 53.1 C: 355? 


 

   

 Exhibit 12 

 11:40 AM 97% 

 

Persistence will get me
somewhere someday 2.:

Aw! What a great
attitude to have!

 


Big plans for the
weekend?

COE.KIHUEN.002307

..). 11:40 AM 97% 

Messages

weekend?

 

You and I tqgether all
weekend! 2;

You're such an optimist
kid!

 

Can I get some credit for


Oh yah! Like, a ton of
credit.

   

A delicious makercut
kiss at 

 

 

.751. 

- ms. 
?rs-i 
:23. 33:31 pin-z;
- 4 all 
Elam?; .513- 
21, miss:- $.33 



COE.KIHUEN.002308

IntentionallyLeft Blank 

 

9- 12:04 PM 88% 

Messages RK Details

I'm not convinced 

Come to my office

I'll keep you busy too

Oh really? Need some
extra help around the
office? gets pretty hectic

in the last week, but
man, I?ve already got a
gig. Maybe try a temp
agency?

 

Hahahahaha!

I just want to make out
to my desk

   

9- 12:04 PM 88% 

Messages RK Details
W1: -I 'I"lCl'nU' I I

to my desk

I


,Iw'
ca 3? -

No thanks

 

'1

Are you still in omte?

You can come watch it

here in my office
It?s done now!

 

2&3}

v-?m .9: 



Exhibit 13

..). 11:43 AM 95% --

Messages I RK Details

Somresponsible. I can 
think of other exciting
things you could be
doing right now 

 

Packing? Yeah I should

be

 



 

vii? 


Can I come 
you on your bed? a;

No thanks. I don?t like



 

I?Cuddling"

f??gm?y (Jr-'97

9- 11:43 AM 95% -i

Messages RK Details

"Cuddling"




who
would want to cuddle

with you

Nobody. 

 



Lolol no thanks

 

Hahaha! How many
times have you told me
no 4,456,221

times!

I say no thanks? so I

 

mean, at least I'm polite?

HU EN.002328

9- 11:43 AM

Messages RK

Hahahal How many
times have you told me
no 4,456,221

times!

I say no thanks- so I

95% 

Details



mean, at least I'm polite1?"3 
.- (11,1 wi

Come hang out with me
on my 
clay in Vegas 

   

 

 

Exhibit 14 

9- 11:44 AM 95% 
Messages RK Details
Come hang out with me

on my 
day in Vegas 

It's sunny in
Why would I go to rainy
vegas?

 

Because its me and
because its you 

meal/inn

 11:44 AM 95% -.

Messages Details

Nothing like making
passionate love with the

window open listening to
the rain

Haha no thanks. I hate

the rain.

 

Hate love making too?

Eh. Depends who it's
with.

Hate it with most, yah.

 

That makes sense; You
just need the right one

   

Yah. Someday he'll



9. 11:44 AM 95% --
Messages RK Details

That makes sense. You
just need the right one



ll. .

I.
l,

Yah. Someday he'll

come 

 





 

\4335."? 
(r .-. hi:-
. ??33 

. l. \1
?"1313?
. -. puff? 21:1
aft? 535.4 . K. 
l? 
Likmgd? "4433 

COE.KIHUEN.002332

 1? Exhibit 15?

 

 11:49 AM 93% 

Messages RK Details

Im 
bored out of my mind
already! Come entertain 

me 

Think anyone will mind if
you come sit on my lap?

I'll take that as a no .3

 

ka
Af 

That's a weird emoji.

What emotion is it
conveying?

 

ii
1-3: 3-33 
31.2." I

MCOE.KIHUEN.002355

9- 11:49 AM 93% 

Messages RK Details

What emotion is it

conveying?

 

It wasn't the response I
wanted. It's like "ouch!"

was looking more for 
this response: 

El Al! 

Hahaha. You'll be waiting

a time for
that response

 

 

 

one

COE. KIHUEN.002356

1E:

IntentionallyLeft Blank 

 

 11:52 AM 92% -.

Messages RK Details

i: L. - 51:15.;
4 15.3., ?10153, Iii?); {all

 

5. How was your
weekend?

You should come sit on
my lap

lt was Yours?
I'm good. Got a great

seat already. Thanks 2?
as

 

Mine was busy. Didn't
rest much. have
more cushion than those

seats

Busy huh? Back in 

 

?455.17.

. .. .1.
31?:
Earl: F121 gav- r5;
$5.2m .-.. at Neil 
43.3; 355.3: 4.5;.3 
air-:1 
..: 

COE.KIHUEN.002372

..). 11:52 AM 92% 

Messages RK Details

  

Those plastic
chairs are pretty



PM

 

You didn't oome lobby
me today ?5.51



 

 

 



 

 11:52 AM 92% 

Messages RK Details

needed
your attention.

 

Just because

I'm at an event bored out
of my mind, actually. I'd
rather be with you

I am pretty cool, huh?
6

Yeah, just a little



IntentionallyLeft Blank 

 

9- 11:54 AM 91% 1:1-

Messages RK Details

 

   

Because you haven't
been to my office in
forever 11

That's too long


8.

Why sad!?

Cmon'
It is lot


   

Come say hi

   

?i

COE.KIHUEN.002383

IntentionallyLeft Blank 

 

..). 11:57 AM 90% --

Messages RK Details

.-

 

Come Sit on my lap

I know you are. That's
why as

 

 

    
       



.

1 Exhibit16 1

 11:55 AM 91% -.

Messages RK Details

 

Nice ass

 

 

 

 

   



IntentionallyLeft Blank 

 

 11:53 AM 90% 

Messages RK Details



:11} o, 1L1 . E's-'l

Your ass looks amazing
in those pants

 

r? 
av

 

 

Exhibit [17

 

 

..). 11:56 AM 91% --
Messages RK Details



39








1
MO
3


 

 

Where are 

Working l3 

 

What color are your
pan?es?

 

- 
swag-n.
?fiiffni

3:32! 




 

9- 11:56 AM 91% 
Messages RK Details

pa?t'ies?

 


'1

 

Makes me sad 

 

My day can?t go on
without knowing

Welp. Looks like your

 

days over?

   

  
 
  

.1


5-51
-.1


COE.KIHUEN.002393

 
 

.311,? .11

 11:56 AM 91% --
Messages RK Details
o; 

Haha. mean

Hahaha oh stop



Just tell me

I'm good

I know you are

rm :g 1" F1, a; 5?19.. 
1 (1,013., is;- t" in}



134% 
43:31 
?aa?r? is?"
53?

 


as"
- "t
g?



  Exhibit 18 

 

9- 11:57 AM 90% El
Messages RK Details

mar 452:5, EU1 13$ 41251;} illi? 

OMG congrats on the

big announcement! What
a surprise! 

 

Thank you! Gotta stay
focused on legislative
duties for now, but it's
going to be a long .
campaign seasonEll 201. 3 :55 "i 

Come sit on my lap

I've got a full schedule of

 

lap sitting today. 

You '0on fabulous in

. . I a "in 

1,235.1} a 
are?: 5?131.
an}. 3-: 
r1 I. 
5.5 '1
?eat-:1 .19; i.
pf?; h. via 



 



 11:57 AM 90% --

Messages Details

1.: 1 ?M'u 

black .2

Thank you! it?s

slimming. I gotta watch
my figure yknow.

 

But I'm sure you look
even better naked

Me? Oh yah. I totally do.

I can only imagine 

talk to
you like this anymore.

Pmo?ddWa
congressional candidate
again.

   

9- 11:57 AM 90% [Si

Messages RK Details


EV

Thank 



 

 

Mar so .2315 am: PM

Mar 3'1, 2015, 1:41 PM

   

Exhibit 19

 

9- 11:20 AM 100% -1

Messages RK Details

Aug 13.20%, 2:01 PM

Absolutely beautiful.

Wrong person? You

must be prepping your
Thursday lunch date?

 

?1 
1

Aug 132. 23015;. 331:4} Pm

Hal 
Simply gorgeous. 1:1

Haha thanks.

 

.109 10, 11011 51:11 13111

   



9.

Messages



Aug 12, PM

  

7 



11:20 AM

BK

100% -.

 

Details

 

 

 

 

9- 11:20 AM 100% -1

Messages RK Details

1r'xiutgs i 5.1., 4-2 5 2.). 4 {335

{a
r"
'1

?751"
?1

 

if. i

J) 






When are you inviting me
over to your 

.4 5 
l?r: tir?
Law-.1- #1312 
- .1725: 5'533.: gal;
r; ?0.172;. 


COE.KIHUEN.002288

9- 11:20 AM 100% 

Messages RK Details

Probably never!! 9

 

HahaHahahal?s

lot?
If 3.-

 


1-. 
A
.11,
4hr. 

 


.3,

57?s.: 
'9 
. 4? 
L-.



1 Exhibit 20 

 

.9. 11:45 AM 95% 

Messages RK Details

Thanks! Wish you were
here 

Sep 1a 2034, as? PM

 

 

9- 11:45 AM 95% 

Messages RK Details



    

?l'm allergic!

?rm allergic!

 

       

3? 1 
COE.KIHUEN.002336

 11:45 AM 95% 

Messages RK Details

'1 



Ahhaha

?x

.

a a I

Yah I'm pretty ripped,

"1-5 v- 

5351* J:

:1 
Tiff}: 

W005 KI HUEN.002337

Exhibit 21

 

 11:45 AM 95% --
Messages RK Details



a: ks

You do know there are

more emojis than the
first page of faces, right?

 

Hahaha!

g?

 



 

1 On the groundCOE.KIHUEN.002340

Exhibit 22 

 

 

 11:13 AM 100% 

Messages RK Details

Don't think so. You?

Uh you know I'd never

miss an after party kid!

 

Have fun! 

Thanks. You have fun
too..?

 

And behave!


 

Unless you're with me 

Was get scared

   

9- 11:19 AM 100% S:

Messages RK Details

I wasn?t scared just

ignoring you. 

 

As usual

Send me a pic

You 

lWlpass.3

That's ok. I'll never
forget how beautifUl you

looked tonight
Oh gosh.

You always look
beautiful. Buttoniql?_


~11~ 
g4 
. 4.- 
Vim-u: . 
4.1 
swirls? eff-s:
{van-gym?? 33"! L3-



Exhibit 23 

 

 

..). 11:46 AM 94% --
Messages RK Details


Lets grab lunch this

week or next

Cool! Or I can come over
to your place tonight or
any night! To discuss
important pieces of
legislation, of course cm:

Or! We could go to el

sombrero.

 

.-, .-




- Exhibit 24 

 

9- 11:42 AM 96% -.
Messages Details

When can I see you
mean, meet to
discuss important
legislative matter?

My schedule is always
open to discuss
important legislative

matters

 

 

rub?r 
Jr, at} 5?11, 1:53;; 

   

..). 11:42 AM 96% 

Messages RK Details

'5
4.

e: . r. 
?13.33 $31,514:, 9.9: 



Nothanks

Keep it

Thatonetoo

 

That one too

 

    

- 

Exhibit 25

 

Body: I don't'know of an one who is going to be on the record. In a weird
turn of events, ibrought up Ruben last night and said 

told him there would be more stories??

Timestamp: Date: 12/7/2017 1:32:07 PM
From:
Body: But yeah I'm ready to do it

Timestam Date: 12 7 2017 1:32:44 PM
From:

Body: I'm proud of you

Timestam Date: 12/7/2017 1:35:08 PM

From:

Body: I?m kind of like mindfucking myself though just thinking about how
much we joked about him and how those jokes could really discredit me
(even though he never knew about them) 

Timestamp: Date: 12/7/2017 1:35:39 PM
From:
Body: I know. I was thinking the same thing

Timestam Date: 12/7/2017 1:36:03 PM

From:

Body: It's like it was a joke until it wasn't anymore. And I have texts
that I sent to my friends about it after he started talking to me proving-
that as soon as it because real I became upset about it

Timestam Date: 12/7/2017 1:36:43 PM

Body: It was harassment even if we tried to laugh it off

Timestam Date: 12 7 2017 1:36:46 PM
From:

Body: What did ?and -s.ay in the meeting?

Timestamp: Date: 12/7/2017 1:37:18 PM

From:

Body: They basically told me that they didn't think my story is that bad
and that I need to weigh if it's worth it or not

Timestamp: Date: 12/7/2017 1:38:06 PM

From:?

Body: Ruben told ?(in what seems like a kind of threatening way)
on Tuesday "there's a difference between flirting and harassment"

Timestam Date: 12/7/2017 1:40:40 PM

From: 

Body: I think he will,try to discredit me by saying it was flirting. So
when I talk to the reporter I'm going to make sure to underscore how 
uncomfortable I was in every interaction and how I felt like I couldn't
shut it down cause of the power dynamic. And I think the texts I have
prove that

CONFIDENTIAL - COMMITTEE SENSITIVE . 

COE.KIHUEN.002139

 

 Exhibit26 i

 

<0

 

. r' l_ p. .1
Lam: 1Q. 3.3.7: yer-x:

Interesting that both your
- accusers are anonymous.

 

I'm now afraid that more will
come out if I wait too long to
announce I won't seek re-
election. Or that even if I
announce no re?election that it

will still not be enough for

some and they will still come
forward. I can?t afford to pay
my bills if I resign and will be
hard to find a job right away.

 

Yes that's why you should not
resign it will make so many
things harder for you. You can
make it Through next week it
will slow with the holiday but a

rush decision or even saying to
won?t run for rte?election will

r7:


1' 11 
"El. L1-.. in; j. . 1.

-

(9 CD

 

 

Yes that?s why you should not
resign it will make so many
things harder for you. You can
make it Through next week it
will slow with the holiday but a
rush decision or even saying to
won't run for re?election will
not help long term for you right
now. Monday when you get
back it?s one week before
Christmas . And that following
week nothing going to happen
you can have time during slow

I

I am very concerned that more
women with identical stories
will come forward anonymously

because they now realize that
it's ok to do so without needing
to provide screenshots publicly

 

Ig-l





<9

I am very concerned that more
women with identical stories
will come forward anonymously
because they now realize that
it?s ok to do so without needing
to provide screenshots publicly
or identify themselves publicly.

My reputation has been hurt
already, but it?s possible 
right now for many pepple to
view this as "well he was a
young, single guy - what do
you expect?" if more women
come out, however, people will
turn playboy who was disrespectful
and just used and abused
women. That's a huge risk.

And again, there?s still a
concern that announcing I'm
not running won't be sufficient.

 

-, 

. 

. 1 

-. .-.- raga-'1. {12y

-

And again. there's still a
concern that announcing I?m

not running won't be sufficient.
Many may still want me to
resign. So to delay announcing
that I'm not running until
January truly seems
dangerous.

 

You have to go home and take
stock of what the feeling is
back home. You can?t make a
decision on either of these in
the bubble of DC. Vote go
home to Vegas see how things

I are playing back home.

Any other Reporters calling

with new stories? If not take

the flight to Vegas. Talk to your

sister . There's no reason for
- you to make that annou

3:915; r351
"y i 
{ghee?:gpeg; .414 Liz:

 

-