End Citizens United (ECU) filed a complaint with the Office of Congressional Ethics (OCE) against Kevin McCarthy for using official resources to plan and direct political activity.
Click here to read the complaint.
Click here to read coverage of the complaint in Politico Playbook.
The complaint states that Congressman Kevin McCarthy used official resources to coordinate with the Congressional Leadership Fund in an effort to boost McCarthy’s bid for Speaker of the House. Specifically, it asks the OCE to investigate if CLF made the decision to not spend in Republican House primaries at McCarthy’s direction.
“Kevin McCarthy knows he doesn’t have the votes to become Speaker. So in a desperate effort to save his flailing political career, it appears he illegally directed his dark money super PAC to agree to stop spending in some Republican primaries,” said End Citizens United President Tiffany Muller. “Members of Congress are prohibited from using official resources for political purposes, which is what he did by coordinating with CLF on spending decisions in a desperate effort to win the Speaker’s election. The OCE should immediately investigate and hold McCarthy and the Congressional Leadership Fund accountable.”
McCarthy is also proposing a House rules change to gut the OCE, making it harder to enforce the laws he is breaking.
In the complaint:
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McCarthy and House staff acting on his behalf are using official resources to plan and direct campaign and political activities with federal super PACs.
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The House Ethics Manual clearly states that resources of the House may not be used for campaign or political purposes.
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But this is exactly what McCarthy and others on his behalf are doing. In an effort to secure enough votes for the Speakership position, McCarthy and House staff appear to be negotiating political spending in federal races, including drafting amendments to reflect their agreement, using the official resources of the House.
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McCarthy’s conduct here is especially problematic because he is negotiating official resources and the political activities of federal super PACs as part of his effort to win enough votes to become the next Speaker of the House. Given this blatant abuse on the use of official resources, I respectfully request that you promptly investigate this matter.
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As of Wednesday, January 4, 2022 McCarthy had lost six successive votes in his bid to become Speaker. Shortly after those losses, a “McCarthy endorsed” Super PAC, the Congressional Leadership Fund, announced that it reached an agreement with another conservative Super PAC in an apparent effort to appease Republican Members who had refused to vote for McCarthy.
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Reporting on the agreement indicates that Representative McCarthy, and members of his staff, were involved in this decision. In particular, news articles called the agreement “a sizable concession for McCarthy” that was intended to “influence particular … congressional races” that “‘likely required sign-off” from Representative McCarthy or his team.”
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Here, McCarthy is using official resources for political and campaign purposes as part of his effort to save his failing bid to become the next Speaker of the House.
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Specifically, Club for Growth released a statement that said, “McCarthy and Members are working on a rules agreement that will meet the[se] principles,” which refers to an agreement whereby McCarthy and his super PAC, Congressional Leadership Fund, agreed that they would not spend money in certain Congressional races, among other things.
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[N]ews reports indicate that McCarthy, and members of his staff, were involved in this decision.
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That they would agree to memorialize an agreement in House rules that can only be accomplished through the use of official resources—and that reflects political and campaign considerations unrelated to the business of the House—is a clear sign that they have blurred the line between official and campaign business.
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