FOUNDATION FOR ACCOUNTABILITY AND CIVIC TRUST August 25, 2020 Omar Ashmawy Chief Counsel Of?ce of Congressional Ethics US. House of Representatives PO. Box 895 Washington, DC 20515-0895 Email: oce@mail.house.gov Dear Mr. Ashmawy, The Foundation for Accountability and Civic Trust (FACT) is a nonpro?t organization dedicated to promoting accountability, ethics, and transparency in government and civic arenas. We achieve this mission by hanging a lantern over public of?cials who put their own interest over the interests of the public good. We request the Of?ce of Congressional Ethics immediately investigate California Representative TJ Cox for violating United States House of Representatives ethics rules. According to media reports, Cox ?push[ed] to get two car tickets into Yosemite National Park on July 4 outside of the daily lottery system the park is using to release vehicle passes during the coronavirus outbreak.?1 Cox?s staff contacted park staff directly to request two vehicle passes to enter Yosemite on Independence Day.2 On July 1, 2020, park of?cials denied Cox?s request ?due to the personal nature of this visit? and suggested he attempt to obtain passes which were being limited to 340 for the day through the same procedure that the general public had to follow.3 The National Park?s general policy for when tickets were limited allowed for ?tickets to be provided to Members of Congress outside the process available to the public only when the visit is for official purposes.?4 1 Kate Irby, Fresno Congressman Cox is Yosemite Trip Won Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020, available at 2 Id. 3 Paul Bedard, As Democrats Decry National Park Openings, One Pushed to Front of Yosemite?s Line, Washington Examiner, Aug. 3, 2020, available at Emails Between National Park Service And Rep. TJ Cox?s Of?ce, available at cox email chain lpdf. 4 Emails Between National Park Service And Rep. TJ Cox?s Office, available at uploaded?les/ti cox email chain 1.pdf. 1717 Street NW, Suite 900, Washington, D.C., 20006 Phone (202) 787-5860 Page 2 of 4 In response to the denial, Cox?s staff (cc?ing Cox?s personal email) stated, ?Congressman TJ Cox would like to set up a call with the Superintendent tomorrow, July 2nd. Please let me know what time is available.?5 Cox then apparently persuaded the National Park of?cials his visit was not a personal Visit, but an of?cial one. ?Cox then called Yosemite of?cials, telling them he needed the tickets in order to shoot a video that promoted the Great American Outdoors Act, and was granted the tickets.?5 During his visit to the park on July 4, Cox ?lmed himself for one minute and 44 seconds. In the video, Cox stated, ?Just ?nishing up a little bit of a day hike here on the Fourth of July weekend? and then discussed pending legislation named the Great American Outdoors Act.7 Cox later sent the video to Backcountry Hunters Anglers, a non-pro?t group that supported the legislation.8 On July 15, the nonpro?t organization posted a video on its Instagram page that included clips of Cox?s video also with video clips from two other elected officials:9 A A Follow THE GREAT .i?iillERICAi'i OUTDOORS . iv 7 .. . @joemanchin, @Reijcox and @RepSherrill took the time to record personal messages to you, public land owners across the country, that express the significance of the Great American Outdoors Act and the weight of this moment. We are on the cusp of passing legislation that will influence outdoor opportunities for generations to come. It is our time to let elected representatives in Congress know that this is a priority and that we?re counting on them to pass H.R.7092 through the House without amendments. Click the Great American Outdoors Act Link in our bio to send a message . 11,051views - . ., . D, . 5 Log In to like or comment. 5 Emails Between National Park Service And Rep. TJ Cox?s Of?ce, available at uploaded?les/ti cox email chain l.pdf 6Kate Irby, Fresno Congressman Cox 3' Yosemite Trip Won ?t Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020. 7Kate Irby, Fresno Congressman Cox is Yosemite Trip Won ?t Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020. 8Kate Irby, Fresno Congressman Cox is Yosemite Trip Won ?t Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020. 9 Backcountry Hunters Anglers, Instagram, available at igshid=z3u9?uy0000. Page 3 of 4 The video was grassroots lobbying to solicit support for legislation, urging viewers to call their representatives to voice support for the speci?c bill. The transcript of the video is below: MANCHIN: ?Last month the Senate passed the Great American Outdoors Act to permanently fund the Land and Water Conservation Fund, and to provide new funds to address the $21 billion in deferred maintenance backlog of our national parks and other public lands.? COX: ?And this is so critical to maintain our parks. Here in Yosemite alone there?s nearly $600 million of deferred maintenance, and across the nation it?s in the billions.? MANCHIN: ?Every single state, the territories, and almost every county in America have bene?ted from LWCF funding.? SHERRILL: ?And as the most densely populated state in the nation, we know how important it is to preserve our open spaces. And this is a key piece of bipartisan legislation that right now I think we can all agree on.? MANCHIN: ?We can see the ?nish line, and with your continued support, we will get this historic bill signed into law.? COX: ?Contact your member of Congress and please ask them to support the Great American Outdoors Act.? As a Member of the House, Cox is required to abide by the House Ethics Manual.10 Members must ?conduct themselves at all times in a manner that re?ects creditably on the House? and adhere to the spirit as well as the letter of the ethics rules.11 Members ?should not in any way use their of?ce for private gain.?12 The foundational principal that Members cannot use their of?cial position or resources for private or political gain is embodied throughout and in numerous speci?c rules.13 The facts of this case require an investigation to determine whether Cox abused his of?cial position for personal or political purposes, i.e. to obtain tickets not available to the general public under the guise of of?cial business. After Cox?s initial request was denied due to the personal nature of his visit, Cox apparently informed National Park staff that his visit was for of?cial reasons. However, the facts, including the video Cox took of himself, indicate his visit was in fact for personal or political purposes. First, parks of?cials clearly viewed Cox?s request as a personal one and subsequent emails used Cox?s personal email address, indicating that this was in fact the case. Second, Cox later explained the reason for his of?cial visit was to shoot a 1? The conduct of Members of the House is governed by number of different sources, including criminal law, the Code of Of?cial Conduct, and the Code of Ethics for Government Service, which are incorporated into the House Ethics Manual. House Ethics Manual, Comm. on Standards of Of?cial Conduct, US. House or Reps., at 2-4 (2008 ed), available at Ethics_Manual.ndf. 11 House Ethics Manual, at 1, 12 (citing House Rule 23, Clause 1), 16 (citing House Rule 23, Clause 2), 186. 12 House Ethics Manual, at l. 13 See House Ethics Manual, at 1 (Members cannot use their of?ce for private gain), 123-24 (Members cannot use official resources for any campaign for political purpose). Page 4 of 4 video, yet the Video he released to the media was one he shot of himself that was less than two minutes long on a political topic. There would be no need for two vehicle passes for Cox to shoot a ?sel?e? video. Moreover, the topic covered in the video was one to solicit support for his position and legislation he supported?a political purpose and not an of?cial purpose.14 Finally, Cox?s campaign attempted to explain that this issue involved the ?travel of Congressman Cox and his family,? clearly indicating this was a personal family trip and not an of?cial one.15 In spite of Cox?s claim he followed proper procedures to obtain the tickets, that is not the issue.16 The issue is whether Cox abused his position and misled park of?cials to obtain tickets not available to the general public for a personal or political purpose. The ethics rules do not allow Members to use their of?cial position for private or political purposes, i.e. to obtain tickets not available to the general public under the guise of of?cial business. Not only does the Of?ce of Congressional Ethics need to immediately investigate whether Cox abused his of?cial position to obtain a bene?t not available to the general public, but also the purpose of Cox?s trip, who accompanied him, and whether any of?cial funds or staff were used for the travel also needs to be determined. To the best of my knowledge and ability, all evidence submitted was not obtained in Violation of any law, rule, or regulation. Further, I am aware that the False Statements Act, 18 U.S.C. 1001, applies to information submitted to the Of?ce of Congressional Ethics. Sincerely, WM Kendra Arnold Executive Director, Foundation for Accountability Civic Trust 14 See Member?s Congressional Handbook, Comm. on House Admin, U.S. House of Reps, at 34 (July 25, 2018) (explaining a Member?s congressional website is an of?cial resource and may not include personal or political content, including that it ?May not include grassroots lobbying or solicit support for a Member?s position?). 15 Cox?s campaign released a statement that said,??TJ Cox went to Yosemite National Park in accordance with proper procedure and protocols. . . . It is troubling that politically-appointed staffers at the Department of Interior, in collaboration with a Republican Congressman, would attempt a politically?driven, covert investigation into the travel of Congressman Cox and his family.? Kate Irby, Fresno Congressman Cox is Yosemite Trip Won Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020. 16 See Kate Irby, Fresno Congressman Cox ?s Yosemite Trip Won Be Investigated by Interior Inspector General, The Fresno Bee, Aug. 10, 2020.