Congress of the written gums Washington. DC 20510 February 6, 2019 Starboard Strategic 817 Slaters Lane Alexandria, Virginia 22314 To Whom It May Concern: We write to request further information about the relationship between OnMessage, Inc. (?OnMessage?) and Starboard Strategic, Inc. (?Starboard?). Based on published reports, it appears that the National Rifle Association, and its af?liates, National Ri?e Association Institute of Legislative Action and the National Ri?e Association of America Political Victory Fund (collectively, the may have violated campaign ?nance law by coordinating independent expenditures with several political campaigns, through OnMessage and Starboard. Candidates are prohibited from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Any independent expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate and is subject to applicable contribution limits.1 Signi?cant circumstantial evidence suggests that OnMessage established Starboard as a shell corporation meant to disguise the fact that individuals working to direct campaign strategies and advertisements for Senate candidates were also coordinating ?independent? expenditures by the NRA. OnMessage currently serves as the primary vendor for advertisements for many federal candidates and campaigns, including several Senate candidates and party committees.2 In 2013, principals at OnMessage established Starboard. OnMessage and Starboard are located at the same addresses, 705 Melvin Avenue, #105, Annapolis, Maryland, and 817 Slaters Lane, Alexandria, Virginia.3 Starboard and OnMessage share the same six directors: Curtis Anderson, Wesley Anderson, Bradley Todd, Graham Shafer, Timothy Teepell, and Orrin ?Guy? Harrison.4 Starboard and OnMessage also share the same incorporation agent, Craig Palik.5 See generally. 52 U.S.C. 30116(a)(7)(B)(i); 52 U.S.C. ?30l16(a)(l); and 52 U.S.C. 30118(a). 3 Expenditures, 3 Mike Spies, The Mystery Firm that Became the NRA '5 Top Election Consultant, POLITICO MAGAZINE, (July 13, 2018), See STARBOARD STRATEGIC, INC., 20 I 8 ANNUAL REPORT (Feb. 24, 2018): ONMESSAGE, INC. 2018 ANNUAL REPORT (Feb. 27, 20I8) 5 Articles of Incorporation: Starboard Strategic, lnc., Commonwealth of Virginia State Corporation Commission (Mar. 22, 2013); OnMessage Holdings. Inc, Commonwealth of Virginia State Corporation Commission. l. 9- According to press reports, the executives ?toggled between -rol.es?.at both ?rms and, according to one OnMessage- employee, some Starboard?labeled thumb-drives lying around, I don?t recall -'anythi1'1g within our of?ce that Was 'cai led or associated with Starboard.?6 0 Before. '20] 3, the NRA used OnMessage as .a vendor to make independent expenditures. In. 2012, for-example, the NRA paid OnMessage over $10 million?" 1? ACC'ordin'g to press reports in 20,14 the NRA began contracting with Starboard for independent expenditures supporting candidates whose campaign comm1ttees were simultaneously paying .OnMessage.8 The NRA paid Sta1 board approximately. $20 million for independent expenditures in 2014 alone 9 "0 OliMessage, meanwhile, received over $32 million .111 payments from Republican campaigns and political committees According 'to a. Federal Election Commission (FEC) complaint OnMess'age received nearly $20 million in payments from three Senate campaigns. 111- The NRA. through Starboard supported these same Republican candidates with millions 1'11 ?independent.? expenditures. ?1 o' In the 2016 election cycle the NRA paid Starboard approximately $40 million for ads.'2 Some of these. advertisementswere spent in a support 01 a candidate who was a client of O.nMessage. ?3 0 Following the2016 election, OnMessage repeatedly took credit for advertisements that the NRA paid for through Starboard; ?4 0 In the 2018 111idt'erms,'the'NRA Spent more than $830, 000 in support- of a Republican Senate candidate hiring. Starboard to place its ads. The candidate? 5 campaign also paid OnMessage 111016 than $1 2 million tor its services ?5 The NRA also paid Starboard 6 Mike Spies, The Minna-Firm that! B?came the NRA Top Election? Consultant; POLITICO MAGAZINE. (July .13., 20 18), 9004. 7 National Rifle Association of America Political Victory Fund, Independent Expendituresto OnMe'Ss'a'ge?, Inc (regularly scheduled reports} 20i1 12', fec. data type=processed8zcommittee i'ed name=onn1e Nationa?lRifle Association Institute. for Legislative Action Independent Expenditures to' 011 Message, 1111: {reguiarlx? scheduled reports) 20.11 12,- 1?11th 111* fec data _type .processed??ccommitteew id= C7000'07168ccommittee. {2&is noticI e?-t1 201 [2 3 Mike Spies, The Mystery um (hat Became the Top Election Consultant, P01 MAG (idly l3, politico National R1 ?e Association of America Political Victory Fund independent Expenditures to Starboard Strategic Inc. {regularly Scheduled reports) 2013-14, fec data notice ~false&payee_ name=starboard&min dat Campaign Legal C?nterI Cemplaint Against the National Ri?e Association American Institute for Legislative Action and the National Rifle Association of America Political Victory Fund (3111 16, 20.18). :1 12.13: ?3 M. l? g, Brad l?odd, OnM?essa?ge Wins Four Reed Awards ONMEISSAGE, INC (Feb 20, 2.017), (last visited l'uly 16,2018); Guyllarrisom IOInMessage Wins Five Polite Awards for IV and Digital Work ONUMBSSAGE INC. (Mar- 20 2017),. I'fonmessageinc coIm/blog/OB202017L ?5 Mike Spies, NRA crannies to Use Mysreifj 1m: in Latest. Round 1 Election Spending, HE TRACE (Oct 9. 201.8), available at {Maw thetrace'. org/Iounds/nra-contlnues-to -use?mystery-?rm 111-e lection spending/I. 2 nearly $400 000 for an ad on behalf of another Senate Republican candidate. whose campaign also paid OnM'essage directly for services 1" These facts suggest that OnMessage and Starboard empioye'es shared inside information that aiiowed tor coordination between NRA and political candidates. Because apayment for a coordinated communication is an contribution to a. candidate :7 the NRA may have violated contribution limits under the Federal Election Campaign Act: by making Coordinated communications in cxceSs of applicable contribution caps through Starboard and OnMesdssage As members of Congress, we have. a? strong interest in ensuring that elections are cohdr'rct'ed fairly under our Current campaign ?nance law. In light. of these concems, werequest. that you provide us with. the[following--information no later than March 6, 2019-. 1) 2) 4-.) 6) Do OnMe'ss'a'ge and Starboard have official policies to prevent illegal coordination and comply with FEC 5 common vendor guidelines? If so piease. provide c0pics of speci?c policies and precedures corporate bylaws articles of incorporation or other guidelines that establish the appropriate ?rewalls and compliance with common vendor regulations between On'Mes?sage and its employees and Starboard and: its employees Please provide- any communications and emails between OnMessage or Starboard employ ecs, as well as any co'mmuniCatiOns with the NRA, disCussing campiianee with Campaign ?nance law regarding the representation of- the NRA and political candidates. Ate any OnMessage and/0r Starboard employees also employed by Red Eagle, American Media Ad'Vocacy' Group (AMAG) and/or National Media Research? If: so provide their names, positions, and job descriptions Do 01 Starboard or their employees- have any contact with Red Eagle Media Group, and. National Media Research Planning, and Placement (collectively the ?National Media Group?)? if describe-the nature'of the relationship and the employees involved, and please provide any communications and emails between On Message and th'c'National Media Group regarding the-placement of advertisements for the. NRA. Please provide any notes from any mectin gs or phone calls held with NRA from the years 2015 and 2016-. Please provide any other relevant documents establishing the. functional independenCe of Starboard and OnMesIsage. Do OnMessage and Starboard have regular corp01 ate board meetings? Do the boards of OnMessage or Starboard produce annual 1613,0118? If so please provide the annual reports and minutes ?o'm corporate board meetings held by OmM'essage and Starboard for the years'ZOl'S and 2016. I - 1" Mike Spies Despite 116? ComplainI the NRA is Still Using a iifyster) um 10' Back Senate Candidates THE- 10, 2018), available at f/w' ww thetrac'c gn-?nancc- . senate ?7 ll ?'52 U.S.C- see Complaint! supra note lOat 24. J. Given the signi?cant oversight interest Congress has in the lawful administration of campaign ?nance laws, we also request that OnMessage, Starboard, and any other related entities retain all records relevant to this inquiry. Sincerely, LDON WHITEHOUSE United States Senator ember of Congress ?Congress at the Zl'dm?trh snares Washington, DC 20510 February 6, 2019 Red Eagle Media Group 815 Slaters Lane Alexandria, VA 22314 To Whom It May Concern: We write to request further information about the relationship between Red Eagle Media Group (?Red Eagle?), American Media Advocacy Group and National Media Research, Planning and Placement ?rm (?National Media?). Based on published reports, we believe it appears that the National Ri?e Association and its af?liates, the National Ri?e Association of America Institute for Legislative Action and the National Ri?e Association of America Political Victory Fund, (collectively, the may have violated campaign ?nance laws by coordinating independent expenditures with the Donald J. Trump for President campaign (the ?Trump Campaign?), through Red Eagle, AMAG. and National Media. Candidates are prohibited from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Any independent expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate and is subject to applicable contribution limits.1 During the 2016 presidential campaign, the NRA placed $30 million in advertisements supporting the Trump Campaign or opposing Hillary Clinton.2 Mother Jones and The Trace reported that during the 2016 elections, the NRA made ?independent? expenditures supporting Trump through a complex network of media ?rms also employed by the Trump Campaign. The NRA used the ?rm Red Eagle to place television ads supporting the Trump Campaign, and the Trump Campaign paid $74.2 million to AMAG for ?placed media? in the 2016 cycle.3 According to The Trace and Mother Jones, the Trump Campaign ads ?were aimed at precisely the same demographic as the NRA spots, and often ran during the same shows.?4 See generally, 52 U.S.C. U.S.C. 301 l6(a)(l) and 52 U.S.C. ?30118(a). 3 National Ri?e Association Institute for Legislative Action, Spending, 2015-16, 330 1 /?cycle=20 6&tab=spendin g; National Ri?e Association Political Victory Fund, Spending, 2015-16, 3 Donald J. Trump for President, 1nc., Disbursements to American Media Advocacy Group, 2015-16, FEC.GOV, 4 Mike Spies, Documents Point to Illegal Campaign Coordination Between Trump and the NRA, MOTHER JONES (Dec. 6, 2018), advertising/. Signi?cant evidence-suggests that Red Eagle,- AMAG, and NatiOnal Media are functionally identical entities, organi?zedina way to allow the NRA to coordinate ?independent? expenditures with the Trump Campaign. 0 According to Virginia incorporation records, Red Eagle is a ??ctitious name? or ?trade- name aSSOCiatcd with National Media, located at 815 Salters Lane, Alexandria, Virginia National Media 3 Website deseiibes itself as a ?nationaily recognized leader in media research, planning, and placement. "6 It lists its address as- 815 Slaters Lane- Alexandria Virginia. 22314 and lists oel Dahnkje. as its registered agent 7 Likewise, AMAG shares. the same address as Red agle and National. Media. and .has the same registered agent as National Media.3 In a 2016 Daily Beast article, an attorney for National .Media and AMAG acknowledged that the organization is ?affiliated? with National Media.9 ?1 Red Eagle media-placed Trump Campaign thIOugh its primary vendOr. Starboard Strategic According to reporting by Politico, Starboard Strategic IS functionally the same entity as OnMessage, another media ?rm Which shares an address with National Media Red Eagle and AMAG ?0 0 According to a complaint filed by. the. Campaign Legal Center and various Federal Cemmunications Cominis'sion ?lings, at least four National Media employees?Ben Angle, Kristie Kevatch, On Ferrell, and Caroline {Kowalskimpla'ced NRA ads for Red Eagle, and alsoplaced ads-for the Trump Campaign for.- Many of the advertisements were essentially identical advertisements, run inj'the same markets, onthe.? same stations, and at the same times as each otlaer.?2 Arecent report alleges that National Media chief ?nancial of?cer, Jon Ferrell, ?1180 authorized ad purchases for the NRA and various Republican senate campaigns. ?3 Given the lack of. separation between the Red Eagle, AMAG, and National Media, "and the "fact that t'he-v'ery same employees authorized pr0~Trump?independent? expenditures for theNRA and advertisements for "the Trump Campaign, we are concerned that Red Eagle, AMAG, and 5 Business Entity Search Commonwealth of V11 glma State Corporation Commission, [/scce?le. sec. Virginia. fid?m'l] a314ab 6- National,M'edia, 7 National Media Research Planning aad'Placenzenr', of Virginia State Corporation Commission, I 3 American Media Aa?vocaq? Group, Commonwealth of Virginia-State Corporation Commission, n?scce?le sec Virginia goV/Bu'siness/S4l6256 9 Betsy. Woodmff, rump '3 A11 eadv Part of the D. C. Swamp, Whethei He Knows or N01, DAILY BEA-ST (Oct 26, 2016), thedatlx beast com/trumps~already- pa?-of-the?dc- 1" See Mike Spies, The Mystery Firm ha! Became the it Top [action Consultant; POLITICO (July 13,2018), .potiticO; com maoazme/storyr?2018fo7/ n1 a-consultant?2 {9004 Campaign Legai Center Compiaint Against the National Ri?e AsSociatio'n American Institute for Legislative Act. and the National Rifle Association of America Political Victory .Fun?d (Dec. 2018). 12. Id. ?3 Christopher Hocks and Mike Spies, D'ocwmems Show NRA and Republican Candidates Coordinated Ads in Key Senate Races, JONES (J an. 13,2018),- lure-republicans- 'NatiOnal'M'edia'laclced the proper ?rewalls to prevent illegal coordinationbetWeen an independent expenditure group and a campaign- Because a payment for-a, coordinated communication is an inekind contribution to :a candidate,? the NRA may have violated contribution limits under? the Federal Election Campaign Aot by making coordinated communications in. excessof applicable. centribution caps through Red Eagle, AMAG, and National Media. 15 As members, of Congress, we have _a strong interest in ensuring thatelections are conducted fairly. under current Campaign ?nance law, In light of these ConCer'ns, we request the following information no later than March 6, 20l9Do: Red Eagle, AMAG, and Nat-ionall'Media-have of?cial policies to prevent illegal coordination and comply with common vendor guidelines including 11 C. F. {5109. 21" If so, please- p1 ov1de the specific policies and procedures (:01 porate bylaWs, articles of incorporatiom or other guidelines that establish the appropriate ?rewalls and complianCe with common vendor regulations between Red Eagle,- AMAG and National Media employees. Please provide any internal communications and emails between Red Eagle, and National Media, as well as anyoornmun'icat?ions and emails with the NRA, diswssing compliance. with campaign ?nance law regarding the representation ?of the NRA and political candidates. Please provide any eommunic-atiOns and emails. between Red Eagle, AMAG, or National. Media and the Trump Campaign discussing the NRA. Please provideany notes from. an)r meetings or phone calls held with Trump Campaign from the years 2015 and 2016. Please provide any? Communications-and emails between Red Eagle, AMAG, or National Media and the NRA discussing the Trump Campaign. Please provide any. notes from anymeet'ings or phone- calls held with? NRA and the NRA-. ILA from the years 2015 and 2016. Do Red Eagle, AMAG, or National Media-have any-ownership interestin Starboard. and/er OnMeSSa'g'e? Please describe such ownership interest. Do any Red Eagle, AMAG, or National Media employees also work and/0r On'Message,_ or vice-versa'? Please provide their names, positions and. description of their responsibilities at each entity. Do Red Eagle, AMAG, or National Media or its employees have any centaet with Starboard Strategic 'or describe-the nature .0 the relationship. andtheernployees involved, and please provide any comi'nmiications and emails between these entities regarding the placement. of advertisements for the Trump Campaign and the NRA. Red Eagle,lAlMAG,_ and National Media have regular corporate board meetings? Are any such corpdrate b'oardmeetings held. separately and independently of each other? Do the boards of Red Eagle, AMAG, or National Media produce an annual report? If so, H11 l552 use. 1.1 please provide the annual reports and minutes from corporate board meetings held by Red Eagle, AMAG, and National Media for the years 2015 and 2016. a) Please provide any other relevant documents establishing the functional independence of Red Eagle, AMAG, and National Media from each other. Given the signi?cant oversight interest Congress has in the lawful administration of our campaign ?nance laws, we also request that Red Eagle, AMAG, and National Media and any other related entities retain all records relevant to this inquiry. Sincerely at, JDON WHITEHOUSE United States Senator AMIE RASKIN ember of Congress (Earnings of the (Britten i?tates Washington, DC 20510 February 6, 2019 Curt Anderson, Wes Anderson, Brad Todd Founding Partners OnMessage, Inc. 817 Slaters Lane Alexandria, Virginia 22314 Dear Messrs. Anderson, Anderson, and Todd: We write to request further information about the relationship between OnMessage, Inc. (?OnMessage?) and Starboard Strategic, Inc. (?Starboard?). Based on published reports, it appears that the National Ri?e Association, and its af?liates, National Ri?e Association Institute of Legislative Action and the National Ri?e Association of America Political Victory Fund (collectively, the may have violated campaign ?nance law by coordinating independent expenditures with several political campaigns, through OnMessage and Starboard. Candidates are prohibited from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Any independent expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate and is subject to applicable contribution limits.1 Signi?cant circumstantial evidence suggests that OnMessage established Starboard as a shell corporation meant to disguise the fact that individuals working to direct campaign strategies and advertisements for Senate candidates were also coordinating ?independent? expenditures by the NRA. OnMessage currently serves as the primary vendor for advertisements for many federal candidates and campaigns, including several Senate candidates and party committees.2 In 2013, principals at OnMessage established Starboard. OnMessage and Starboard are located at the same addresses, 705 Melvin Avenue, #105, Annapolis, Maryland, and 817 Slaters Lane, Alexandria, Virginia.3 Starboard and OnMessage share the same six directors: Curtis Anderson, Wesley Anderson, Bradley Todd, Graham Shafer, Timothy Teepell, and Orrin ?Guy? Harrison.4 Starboard and OnMessage also share the same incorporation agent, Craig Palik.5 See generally, 52 U.S.C. 30116(a)(7)(B)(i); 52 U.S.C. 30] and 52 U.S.C. 301l8(a). 3 Expenditures, I 3 Mike Spies, The Mystery Firm that Became the NRA ?s Top Election Consultant, POLITICO MAGAZINE, (July 13, 2018), 1 8/07/ I I 9004 4 See STARBOARD STRATEGIC, INC, 2018 ANNUAL REPORT (Feb. 24, 2018); ONMESSAGE, INC, 20l8 ANNUAL REPORT (Feb. 27, 2018) 5 Articles of Incorporation: Starboard Strategic, lnc., Commonwealth of Virginia State Corporation 1 0- According to press the executives ?to'ggled between roles? at bath firms and according to. one OnMess'age employee, ?I[b]eyond some Starboard?labeled thumb- drives lying around, I don I recall anything within our of?ce that was called or associated with Starboard; a Before 2013, the NRA used OnMes'sag'e. as a vendor: to make independent expenditures. In 2012, for example, the NRA paid. OnMeIssIage over $1 0 million.- 0 According to press reports in 2014, the NRA began contracting with Starboard for independent expenditures supporting candidates whosecampaign committees were simultaneously paying OnMesIsagIe.8 The NRA paid Starboard approximately $20 million for independent expenditures 2014 alone.-9 'OnMess'age, me'an'whila received over $32 million In payments from Republican campaigns and political committees According to a Federal Election (FEC) complaint, OnMessage 1e'ceived nearly $20 million in payments foam three Senate campaigns. 1? The NRA, through Starboard, supported these same Republican candidates with millions in ?independent? expenditures.? 0 In the 2016 election cycle the NRA paid Starboald approximately $40 million for ads.'2 Some of these advertisements were spent in a support of Ia candidate who was. a client of OnMessIage ?3 0' Following the 2016 election, OnMessa'ge repeatedly took credit for advertisements that the NRA paid for through Starboard. '4 In the 2018. midterms the NRA spent more than $830, I000 111 support of a Republican Senate candidate, hiring Starboard to place its ads. The candidate 5 campaign also paid Commission (Mar. 22 2013;) O'nMessage Holdings, 111.12., Commonwealth of Virginia State CorpOration Commission i/sc?ce ?le. see. Virginia gov/Businessm? 7096]. 5 Mike Spies, The Myrte: 11 that Became the 1 Tap Election Consultan1,POL1TICO MAGAZINE (July 13, 201.8), politico 7 National Rifle Association of America Political Victory Fund independent. Eitpenditurcs to OnMessag'e, Inc. (regularly scheduled reports), 20H 12, fec' data ssage&min date=01%2F01%2F201 1&max-_ dateml2%2F31%2 F2012, National Rifle A'ssociatiim Institute for Legislative Action, Independent Expenditures to On Message, Inc (regularly scheduled reports) 2011- 12, data ide C70000716&committee notic estruer?itpayeg name- =message&ntin 3 IM1ke Spies, The. Mvsfery Finn that Became the 5' Top Election. Consultant, POI ITICO MAGAYINE. (July 13,- 2018), politico. 4219004.- 9 National Rifle: Association of AmeriCa Political. Victory Fund independent Expenditures .to' Starboard Strategic Inc. {1egularly scheduled 2013 14 :fec gov/data independentexpenditures? data InotiCe= false&payee name= starb0a1d&1nin dat 111 Campaign Legal Center, Complaint Against the National Ri?e Association American Institute for Legislative Action and the National Ri?e ASSociation of America Political Victory Fund (Jul 16,2018gI., Brad. Todd, OnMessage Wins Four Reed Awards, ONMESSAGE INC (Feb I20, 2017}, visited July 16, 2018); Guy Harrison, OnMesIsage Wins Five Poliie Awards for TV and Digital Work ONMESSAGE INC (Mar 20, 2017), httIIpsI: l/o'nmessageinc com/blog/03202017l. 2 OnM?essage more than $1.2 million for it's services.15 The NRA-also paid Starboard nearly $400,000 for an ad on behalf of another 'SenateIRepublican candidate,- whose campaign also paid OnMessagc directly for services.? These tacts Suggest that OnMessage and Starboard. employees shared.- inside informatibn that allowed Iffm coordination between NRA and political candidates. Because a payment for a coordinated. communication is an inekind contribution to a candidate, 17 the NRA may have violated contribution limits under the Federal Election Campaign Act by making coordinated communications in excess of applicable centribntiOn Caps through Starboard and OnMes:sage.18 As members of Congress, we have a strong interest in ensuring that; elections are conducted fairly under "0111 current campaign ?nance law. In light of these concerns, We request that you provide us with the following information no later than March. .6, 2019. 1) Do OnMessage and Starboard have of?cial policies to prevent illegal coordination and 2) 3) .4) 5) 6) 7.) comply with common vendor guidelines? If .,so please provide copies of speci?c policies and procedures. corporate bylaws, articles of incorporation or other guidelines. that establish the appropriate ?rewalls and cempliance With common Vendor regulations between OnMe-ssag'c and its employees and Starboard and its employees Please provide any communications and emails between OnMessage or Starboard employees; as well as any communications with the NRA, discussing compliance with campaign ?nance law regarding the representation of the NRA and political candidates. Are any OnMessage and/01 Starboard employees also employed by Red Eagle American Media Advocacy Group (AMAG) and/or National Media Research? If so, provide their names positions and job. descriptions. OnMe'sIsage or Starboard, or their employees have any contact with Red Eagle Media Group, AMAG and National Media Resea1 chI Planning,a and Placement (collectively the ?NationalMedia Grodp?7)? If so, please describe the nature of the relationship and the employees. involved:- and please provide any communications and emails between On Message. andth'e National Media-Grdup regarding-the placement. of advertisements for the NRA. Please provide any notes. from any meetings or phone calls held with-NRA from the years 2015 and 2016. Please provide any other relevant documents Icstablishing'the functional independencesof Starboard and OnMesIsage. Do OnMessag'e and Starboard have regulal corporate board meetings? Do the boards of OnMesIsaIgeI or Starboard produce annual reports? If so please provide. the annual reports and minutes from corporate. board meetings held by OnMessage and Starboard. fer the years 2015 and'201'6. ?5 Mike Spies, NRA Continues to Use; ysteIry F11 1111 1'11 Latest Round of Electron Spending, THE TRACE 9, 2018) available at thetrace. Mike Spies, Despite EC Complaint, the NRA is 811'? Using a Mystery m'n to Back Senate Candidates. THE at f/Ww thetiace campa1gn-i'nance~ senate-races, l? 11 cm. 109.2101). ?3 5.2 30.1 see Complaint? supra note 10 at'24- 3 Given the signi?cant oversight interest Congress has in the lawful administration of campaign ?nance laws, we also request that OnMessage, Starboard, and any other related entities retain all records relevant to this inquiry. Sincerely, ON WHITEHOUSE United States Senator ember of Congress Congress; of the Written gutting DC 20510 February 6, 2019 Mr. Wayne LaPierre President National Ri?e Association of America 1 1250 Waples Mill Road Fairfax, VA 22030 Dear Mr. LaPierre: We write regarding numerous reports that the National Ri?e Association and its af?liates, the National Ri?e Association Institute for Legislative Action and the National Ri?e Association of America Political Victory Fund (collectively, the made illegal, excessive, and unreported in-kind contributions to Donald J. Trump for President (the ?Trump Campaign?) and various Republican congressional candidates in the form of coordinated communications. The NRA is currently named in four pending complaints to the Federal Election Commission regarding these alleged violations. During the 2016 election, the NRA spent over $50 million on ?independent? expenditures supporting Donald Trump?s campaign and Republican congressional candidates. In the 2014 cycle, the NRA spent over $25 million supporting Republican congressional candidates. Most of this money was spent to purchase television advertisements supporting Republican candidates or opposing Democratic candidates. According to reports in Politico, Mother Jones, and The Trace, the NRA made most of these purchases through a complex web of shell companies and ?ctitious organizations, in a manner that concealed that the media ?rms the NRA employed were also employed by the Trump Campaign and other Republican political campaigns. Campaign ?nance law prohibits candidates from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Moreover, any expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate under 52 U.S.C. 301 and 1 1 C.F.R. 19.2]. As detailed below, the relationship between the ?rms the NRA employed and the ?rms the Trump Campaign and other Republican candidates used suggests illegal coordination. In 2016, the NRA placed political advertisements through a number of media consulting ?rms also employed by the Trump Campaign. The NRA placed advertisements supporting candidate Donald Trump through the ?rm Red Eagle Media Group (?Red Eagle?), and the Trump Campaign employed American Media Advocacy Group for a similar purpose. Both Red Eagle and AMAG are functionally the same organization as the National Media Research, Planning and Placement ?rm (?National Media?). Red Eagle, AMAG, and National Media all share a common of?ce and common employees. In a 2016 Daily Beast article, an attorney'for National Media and AMAG ?COnlirnied? that the two ?rms are The. Trace identi?ed-atleast four-current. National Media employees who Were nahsed as representatives of both the' Trump Campaign and the NRA on Federal Communications Commission filings, which show that .Red Eagle and AMAG often bought. ads on the same stations around the Same time's for-the NRA and the TrUmp Campaign, respectively. All. of this Strongly suggests illegal coerdination between-the NRA and the Trump Campaign. Additionally, according to recent reports, the National Media chief ?nancial of?cer, Jon Ferrell, also authorized ad purchases fer the NRA and various Republican senate campaigns. "Based on reporting by NRA Used a similar scheme for ad purchases in the 2014. election. OnMes?sage, lnc. (?OnMessage?) currently serves as. the primary vendor for advertisements for many federal candidates and campaigns, including many Senate candidates and'party committee's. In .2013, principals at OnMessage established Starboard Strategic, Inc. (?Starboard?) expressly for the purpose of advertising for?the NRA, Starboardisj- only client. Tens of millions in NRA advertising. eXpenditures that once went to OnMeSSage were subsequently redirected exclusively to Starboard? Despite the appearance that the hired, a new advertising ?rm, there is little distinction between the'two entities. As with Red Eagle, National Media, On'Message' and Starboard share-addresses. in Annapolis, Maryland, and Alexandria, Virginia, and the ?rm is composed of the same staff and founders It appears that Starboard IS merely a shell company Ineant to disguise that the individuals working to direct campaign strategies and. advertisements fer Senate candidates were employ cos of OnMess?age The NRA appears to have Continued making independent? expenditures on behalf of various Senate campaigns who also enlisted the services of OnMessage 1n the 2016 and 2018 elections As members of. Congress, we have a strong inter-est in ensuring that elections are conducted fairly ulndei current campaign ?nance law To help us understand the NRA role .111. this seemingly illegal scheme, please provide responses to the following questions no later than March 6, 20119. 1.) Please provideany'NRA written guidance, policies or procedures, articles of incorporation or bylaws, and communications? and emails regarding. the-NRA?s compliance with federal and state campaign. finance law. 2) Please prOVide documents, communicatiOns and. emails regarding an} steps required by. the NRA. or otherwise taken by the NRA s. vendors to ensure compliance with federal campaign ?nance laws, including Coordination and ?rewall regulations and. guidelines- 3) Please proVide. any communications and emails with Red Eagle, National Media, and AMAG-between June 2015 and December 2016 regarding compliance with federal ?and. state' campaign ?nance. laws. Betsy Woodrutf, 7) ump 's A treaay Part of the Swamp. Whether He Knows It 01? No r, DAILY BEAST- (Oct. 26, 2016}, l1ttps: thedailybeast cam/trumps- Mike Spies, The A-fystert! 1er that Became- Ihe 5 Etectr?on Consultant POI ITICO MAGAZINE (July 13, 2018), politics. com/magazrne/storv?m8/07/ f' rm-nra-consultant?219004 4) Please provide any documents, records, memorandum, and communication and emails related to the selection of Red Eagle as a vendor. 5) Please provide any communications or emails between the NRA or its employees and Red Eagle, National Media, and AMAG between June 2015 and December 2016 regarding Trump Campaign advertising. 6) Please provide any communications and emails between the NRA and Starboard and/or OnMessage between June 2015 and December 2016 regarding compliance with federal and state campaign ?nance laws. 7) Please provide any documents, records, memorandum, and communication and emails related to the selection of Starboard as a vendor. 8) Please name all of the OnMessage, Starboard, Red Eagle, National Media, and AMAG employees with whom the NRA or its employees communicated between June 2015 and December 2016. In addition, we request that the NRA, and any other related entities, retain all records relevant to this inquiry. Sincerely, 2 .DON WHITEHOUSE United States Senator Member of Congress ?Congress at the illim?teh gatatts DC 20510 February 6, 2019 Mr. Robin Roberts President National Media, Research, Planning Placement 817 Salters Lane Alexandria, VA 22314 Dear Mr. Roberts: We write to request further information about the relationship between Red Eagle Media Group (?Red Eagle?), American Media Advocacy Group and National Media Research, Planning and Placement firm (?National Media?). Based on published reports, we believe it appears that the National Ri?e Association and its af?liates, the National Rifle Association of America Institute for Legislative Action and the National Ri?e Association of America Political Victory Fund, (collectively, the may have violated campaign ?nance laws by coordinating independent expenditures with the Donald J. Trump for President campaign (the ?Trump Campaign?), through Red Eagle, AMAG, and National Media. Candidates are prohibited from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Any independent expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate and is subject to applicable contribution limits.1 During the 2016 presidential campaign, the NRA placed $30 million in advertisements supporting the Trump Campaign or opposing Hillary Clinton.2 Mother Jones and The Trace reported that during the 2016 elections, the NRA made ?independent" expenditures supporting Trump through a complex network of media ?rms also employed by the Trump Campaign. The NRA used the ?rm Red Eagle to place television ads supporting the Trump Campaign, and the Trump Campaign paid $74.2 million to AMAG for ?placed media? in the 2016 cycle.3 According to The Trace and Mother Jones, the Trump Campaign ads ?were aimed at precisely the same demographic as the NRA spots, and often ran during the same shows.?4 See generally, 52 U.S.C. ?301 52 U.S.C. 30116(a)(1) and 52 U.S.C. 30118(a). 3 National Ri?e Association Institute for Legislative Action, Spending, 2015-16, National Ri?e Association Political Victory Fund, Spending, 2015-16, 3 Donald J. Trump for President, lnc., Disbursements to American Media Advocacy Group, 2015-16, FEC.GOV, 6. 4 Mike Spies, Documents Point to Illegal Campaign Coordination Between Trump and the NRA, MOTHER JONES (Dec. 6, 2018), advertisingl. Signi?cant circumstantial evidence Suggests that Red Eagle, AMAG, and National Media are functional] 'identiCal entities",- organized in a way to allow theNRA to coordinate ?independent? expenditures with the Trump Campaign. 0 According to Virginia incorporation records, Red Eagle is a ?fictitious name?'or ?trade name? associated. with?National Media, located?at 815 Salters Lane, Alexandria, Virginia? NatiOnal Media?s website describes itself as a??nationally recognized leader in. media research, planning, and placement.?6' It lists its address as 81-5 S'laters Lane, Alexandria, Virginia, 22314 and lisrs Joel Dahnke as its registered agent.7 Likewise, AMAG. shares the same address-as Red Eagle and National Media and hasthe same registered agent. as National Media.8 a 2016 Daily Beast article,- an attorney for ational Media. and AMAG?acknowledged that the-organization is ?af?liated? with National Media.9'- 0 Red Eagle media placed advertisements supporting. the Trump Campaign through its primary vendor Starboard Strategic. According to reporting byPoIitz?co, Starboard Strategic-is functionally the same entity as media ?rm which shares" an address with National Media, Red Eagle, and Ac'cording to a complaint?led by the Campaign Legal Center and various Federal Communications Commiss'ion?lings, at least four National Media Angle, Kristie Kovatch, Jon Ferrell, and Caroline-Kowalski?mplaced NRA ads for 'Red Eagle, and also placed adsfor the Trump Campaign for AMAG-. Many of the- advertisements were essentially identical. advertisements, runin the same markets, on the [same stations, and at the same times as each other? . A recent report alleges that National Media chief ?nancial of?cer, Jon Ferrell, also authorized ad purchases for the NRA- and' Various Republican senate campaigns. Given the lack of separation between'the Red Eagle, AMAG, and National Media, and the fact that the very same employees authorized pro-Trump. ?independent? expenditures. for the NRA and advertisements for t?herTrump Campaign, We are concerned that Red. Eagle, AMAG, and 5 Business Entity Seareh, Commonwealth of'Virginia, State COrporat?ion Commission, 313 l4ab' '0t?8a835 63612146336784602942d6fb4, 5 National. Media, 7 National Media Research Planning and Platemenz, LLC, Om monWealth of Virginia State- Corporation Commission, 3 American Media div. A dvocacy Group, LLC, Commonwealth of Virginia State Corporation Commission, Virginia. gole usihes'sfSil 16256. 9 Betsy Woodruff, Trump ?5 Already Part of the DC, Swamp; Whether He Knows It or Not, DAILY BEAST (Oct. 26, 20 6), 1" See Mike Spies, The Mvsteiy Firm That Became the NRA przElecflion (July 13, 201-8), politicoco agazinefstory'izo 18/ 07 [fl 1 9004. Campaign Legal Center, Complaint Against the National Ri?eiAss'oc'iation American institute. fer Legislative Act and the National Rifle Association'of America Political Victory Fund (Dec. 7, 2018;). 111d ?5 Christopher Hooks and Mike Spies, Documents Show and Republican Candidates Coordinated Adrift: Key- Senaze Races, MOTHER JONES (tan. '1 1,2018), onescom/p'olitics/ZOI 9/01/nra?republicans- National Media lacked the'proper firewalls to prevent illegal coordination between an independent expenditure group and a campaign. Because a payment for a coordinated communication is contribution to a candidate,14 the NRA may have. violated contribution limits under the Federal EleCtiOn Campaign Act by making coordinated cOmmunications in eXcess of applicable contribution caps through Red. Eagle, AMAG, and National Media. ?5 As members of Congress; we have a strong'interest in ensuring. that elections are conduCted fairly under current-campaign ?nance'law. In light of these Concerns, we reguest the following information no later than .'March. 6, 2019Red Eagle, AMA-G, and National Media have of?cial policies-to prevent illegal coordination and comply with common vendorguidelines, including 1 1 ?l0 9.21? If 30,. please provide the speci?c policies and'p'roc'edurest corporate bylaws, articles of incorporation, or .otherguidelines mat-establish-the appropriate ?rewalls and compliance with-common: vendor regulations between Red Eagle, AMAG, and National Media empIOye-es. Please provide any internal communications- and emails between Red Eagle, and. National Media, as well as anycommunications and emails-with the NRA discussing coinpliance- with campaign finance law regarding the representation of the NRA and political candidates. Please providean'y communicati?Ons and emails. between Red Eagle, AMAG, or National Media and the Trump Campaign discusSing the NRA. Please provide" any notes from any meetings: or phone calls held with Trump Campaign from the years 20151andI201'6. Please, provide any? communidations and emails between Red. Eagle, AMAG, er National Media and "the NRA- discussing ?the Trump Campaign. Please provide any, notes from any meetings- or phone'calls held. With NRA and the ILA from the years 12015 and-2016. D0 Red or National Media'have any Ownership interestin Starboard and/or 'OnMessage? Please describe suCh oWnership interest. Do any Red- Eagle, AMAG, or National Mediaemployees also work for Starboard'and/Or O'nMessage, _or:vice verse-T? Please prolvide their names, positions and description of their responsibilities at each entity. Do Red Eagle, AMAG, or National Media or its employees have any contact with Starboard Strategicor OnMess'a'ge? If so, pleasede?scribe the nature of the-relationship and the-employees involved, and. please-provide any communications. and emails between these entities regarding the placement of advertisements for the Trump Campaign. and the NRA. .10) Do. Red Eagle, AMAG, and National Media have regular ceipOrat'e board meetings? Are. any such corpOrate-board meetings held separately and independently of each other? Do the boards of Red Eagle, .AMAG, or NatiOnal Media produCefan annual report? If so, 109210)). 1552 use. please provide the annual reports and minutes from corporate board meetings held by Red Eagle, AMAG, and National Media for the years 2015 and 2016. a) Please provide any other relevant documents establishing the functional independence of Red Eagle, AMAG, and National Media from each other. Given the signi?cant oversight interest Congress has in the lawful administration of our campaign ?nance laws, we also request that Red Eagle, AMAG, and National Media and any other related entities retain all records relevant to this inquiry. Sincerely, DON WHITEHOUSE United States Senator Member of Congress of the tanner: %tatts DC 20510 February 6, 2019 American Media Advocacy Group LLC 815 Slaters Lane Alexandria, VA 22314 To Whom It May Concern: We write to request further information about the relationship between Red Eagle Media Group (?Red Eagle?), American Media Advocacy Group and National Media Research, Planning and Placement ?rm (?National Media?). Based on published reports, we believe it appears that the National Ri?e Association and its af?liates, the National Ri?e Association of America Institute for Legislative Action and the National Ri?e Association of America Political Victory Fund, (collectively, the may have violated campaign ?nance laws by coordinating independent expenditures with the Donald J. Trump for President campaign (the ?Trump Campaign?), through Red Eagle, AMAG, and National Media. Candidates are prohibited from accepting contributions outside of the existing campaign ?nance limits during an election cycle. Any independent expenditure made in coordination with a candidate is considered to be an in-kind contribution to the candidate and is subject to applicable contribution limits.1 During the 2016 presidential campaign, the NRA placed $30 million in advertisements supporting the Trump Campaign or opposing Hillary Clinton.2 Mother Jones and The Trace reported that during the 2016 elections, the NRA made ?independent? expenditures supporting Trump through a complex network of media ?rms also employed by the Trump Campaign. The NRA used the firm Red Eagle to place television ads supporting the Trump Campaign, and the Trump Campaign paid $74.2 million to AMAG for ?placed media? in the 2016 cycle.3 According to The Trace and Mother Jones, the Trump Campaign ads ?were aimed at precisely the same demographic as the NRA spots, and often ran during the same shows.?4 See generally, 52 U.S.C. ?30 52 U.S.C. 301 l6(a)(l) and 52 U.S.C. 30118(a). 3 National Ri?e Association Institute for Legislative Action, Spending, 2015-16, National Ri?e Association Political Victory Fund, Spending, 2015-16, 3 Donald J. Trump for President, lnc., Disbursements to American Media Advocacy Group, 2015-16, FEC.GOV, 4 Mike Spies, Documents Point 10 Illegal Campaign Coordinalion Between Trump and (he NRA, MOTHER JONES (Dec. 6. 2018), advenisingl. Signi?cant circumstantial evidence suggests that. Red Eagle, AMAG, and National Media are timetionally identical. entities, Organized in a. way to allow the NRA to ecordinate ?independent? expenditures with the Trump Campaign. 0 According to Virginia incorporation records, Red Eagle is a ?fictitious name? or ?trade name? associated With National Media, located at 8315 Salters Lane,- Alexandria, National Media?s website describes itself as a ?fnationally recognized'leader in media research, planning, and placement?"1 It lists its address as 8-15 Slaters Lane, Alexandria, Virginia, 22314 and lists Joel Dahnke asits registered agent.7 Likewise, AMAG shares the same address as Red Eagle and National Media and has-the same registered agent as NatiOnal Media.8 In 11-2016 DailyBeas't article, an attorney for National Media and AMAG acknowledged. that the Organization is] ?af?liated? with National Media.9 0 Red Eagle media'placed advertisements supporting the Trump Campaign through its. primary vendor Starboard St1 ategic According to reporting by Politico, Starboard StrateUic IS ?niction'ally the. same entity as OnMessag'e, another media ?rm which shares an address with National Media, Red Eagle and AMAG. ?0 0 According to a complaint1 ii led by the Campaign Legal Center and various Federal Communications Commission ?lings, at least: four National Media employees?Ben Angle, Kristie Kovatc,h Jon Ferrell, and Caroline Kow aIskim?placed .NRA ads for Red Eagle and also placed ads. for the Trump Campaign for" AMAG 11 Many of. the advertisements were essentially identical. advertisements, run in the same markets, on the same stations, and at the Same times as each other.I "9 A recent report alleges that National Media chief ?nancial of?cer, I on Fen ell also authorized .ad purchases fer the NRA and various Republican senate campaigns 3 Given the lack of separation between the Red Eagle, AMAG, and National Media, fact that the'very sameemployees authorized pro-Tl?rump ?independent? expenditures for the NRA and adVertisemenIts for the Trump Campaign, we are. concerned that Red Eagle, AMAG, and 5 Business Entity search, Commonwealth or Virginia, State Corporation COInmiIssion', 'h?ttp?s .?s?c?e?le sec Virginia; Gov/E1ndfi3usmess?5earchTenn red+eagle *mediachearchPattem?Kr?zas ?d 371631.4ab 6 Nationai Media ww. naturedia. c?o'm. National Media Res cw ch Planning rind Placement, LLC Commonwealth of Virginia State? Corporation Commission ?lsccel' 1e sec. Virginia. 3 Ame! zcan r?yfedia d?c Advocacy Group .LLC, COmmonw ealth- of Virginia State Corporation Commission sec. virgjnia.D oov/Business/Stl {6256. 9 86:13) Woodruff, Trump "5 Already Parr of the D. Swamp,I II?hether He. Knnus or No! I) YBEAST (Oct. 26, 2016) -the-dc 1? See Mike Spies, The Mystery in That Became the. 1 Tap Election {July 13,2018), .waw poiitico. contimagazine/storyfzo I 13.11113! stery-i i" 19004. 1? Campaign Legal Center, Complaint; Against the National Ri?e Association American Institute for Legislative Act and the National Ri?e. Association of. Am crica Political Victory Fund (Dec. 7, 2018), Id. ?3 Christopher Hooks and Mike Spies Documents Show NRA and. Republican Candidales Coordinated A (is-in Senate. Races MOTHERIONES (Ian I I, 2018), waWw motherjones certvpoiitichOlQ Oanra-republicans- National Media lacked the proper ?rewalls 'to prevent illegal Coordination between an independent expenditure group and ascampaign. Because a payment for a coerdinated communication is anin-kind contribution to a candidate,14 the NRA may have violated contribution limits under the Federal. Election Campaign Act by making coerdinat'e'd communicationsin excess of applicable contribution caps through Red Eagle, AMAG, and National Media.15 As members of Ceng?ress, we have a strong interest. in ensuring that elections are conducted fairly under current campaign ?nance law. In light of these Concerns, We recitiest the following informatiOn no later than March Red Eagle, AMAG, and National Media have oi??Cial policies to prevent illegal coordination and comply with common vendor guidelines, including '11 provide the speci?c policies and procedures, corporate bylaws, articles of incorporation, or-?other guidelines that establish the compliance with common vendor regulations between Red Eagle, AMAG, and National Media employees. Please provide. any internal cormnunications and emails between Red Eagle, AMAG, and National Media, as Well as any communications and emails with the NRA discussing compliance? with campaign ?nance law 'rega1ding the representation of the NRA and political candidates. Please provide any communications and emails between Red Eagle AMAGI or National Media and the Trump Campaign discussing the NRA. Please provide any notes from any meetings or phone calls held Withf'Trump Campaign from the years 2015 and 2016. Please provide any communications and emails between Red Eagle AMAG, or National Media and the NRA discussing the Trump Campaign Pleaseprovide any notes from any meetings or' phone calls held with NRA and the ILA from the years 2015 and 2016. Do Red Eagle, AMAG, or National Media have any. ownership interest in Starboard andlo'r OnMessage? Please describe Such ownership'intere'st. Do any Red Eagle, AMAG. or National Media employees also work for Starboard and/or OnMessageI or vice versa?? Please prOvide their names, positions and d?e?Scriptio?n of their Do Red Eagle, AMAG, or National Media 01- its employees have any Contact with Starboard Strategic or OnM?essage? If so, please. describe'the nature of the relationship and the employees invo leed, and please provide. any cenimunications and emails between these entities regarding. the placement of "advertisements for the Trump Campaign and the NRA. 10') Do Red Eagle, AMAG, and National Media have regular Corporate board meetings? Are- any such corporate beard meetings held separately and independently of each other? Do the boards of Red Eagle, AMAG, 01 National Media produce an annual report? If so, 1111 0.12.11. 109.2101). 1552 use. 13 3-0 . please provide the annual reports and minutes from corporate board meetings held by Red Eagle, AMAG, and National Media for the years 2015 and 2016. a) Please provide any other relevant documents establishing the functional independence of Red Eagle, AMAG, and National Media from each other. Given the signi?cant oversight interest Congress has in the lawful administration of our campaign ?nance laws, we also request that Red Eagle, AMAG, and National Media and any other related entities retain all records relevant to this inquiry. JAMIE RASKIN Member of Congress ELDON WHITEHOUSE United States Senator