McConnell v FEC: District Court: Internal Political Party Documents

Democracy 21: Court Documents Unsealed by District Court

During the course of the lawsuit challenging the new campaign finance law, a number of documents were submitted in the case to the court under seal and not made available to the public.

In an opinion issued on May 2, 2003 by Judge Kollar-Kotelly, a member of the three-judge District Court panel that heard the case, the court took the position that the only information that would be made public from the documents under seal is information used in the opinions issued in the case.

Set forth below is some of the information from these opinions that previously had been under court seal.

Click to read full text

Formerly Confidential Political Party Documents

Following are documents, formerly deemed confidential, that were submitted as evidence to the district court in McConnell v. FEC. These are internal documents from the Republican and Democratic party committees, including personal letters, memoranda and emails which show party officials routinely offering soft money contributors special access to elected officials.

Many more such documents remain sealed by order of the court because of the objections of those named in the document. In the event these documents are ultimately made public, the Legal Center will post them here.

To see a document in its entirety, please click on its title below:

Ohio Republican Party Memo re: Miller Valentine Group, October 9, 1997

• A 1997 memo from Ohio Republican Party Chairman Bob Bennett to Ohio House Speaker Jo Ann Davidson, in which he explains that he is trying to raise $50,000 from Jim Walsh, a partner at the Miller Valentine Groups. Bennett asks Davidson to phone Walsh to discuss the potential donor's concerns about a school funding issue - namely, "whether the legislature is going to look to commercial real estate as a solution."

Ohio Republican Party, Team Ohio Program Benefits

• A list of benefits available to donors who contribute $25,000 or $50,000 to the Ohio Republican Party, including briefings with the governor and receptions at the governor's residence.

Ohio Republican Party, Why People Give

• An Ohio Republican Party briefing paper entitled "Why People Give" listing the top seven reasons donors contribute to the party. A few examples: because donors "expect something in return" when they make a contribution; because they want to create a personal relationship and have "their phone call returned" by party officials, and because they want access to the winning candidate after the election.

Republican National Committee (RNC), Team 100 call sheet for Phil Fletcher, former ConAgra Chairman, June 12, 2000

• A 2000 "call sheet" prepared for a call by then-RNC Chairman Jim Nicholson to Phil Fletcher, former Chairmanman and CEO of ConAgra. The memo notes that Fletcher has told Clayton Yeutter, a former Republican Secretary of Agriculture, "in confidence that he may be interested in an ambassadorial position in the Bush administration." The memo instructs Nicholson to ask Fletcher to join Team 100, which requires an initial $100,000 contribution and $25,000 in every subsequent year of membership.

RNC Team 100 call sheet for U.E. Patrick of Patrick Petroleum, September 25, 2000

• A 2000 "call sheet" prepared for a call by then-RNC Chairman Jim Nicholson, instructing him to ask U.E. Patrick of Patrick Petroleum to join Team 100, which requires an initial $100,000 contribution and $25,000 in every subsequent year of membership. The memo notes that Patrick is waiting to decide whether to give the expected contribution because of "pending questions about the estate tax, as he feels the proposed bill is not aggressive enough." Before considering joining Team 100, the memo says, Patrick expects to be "informed on what the party's goals are with the estate tax, as it personally affects him."

RNC Team 100 call sheet for Chairman of Artic Resources Company, retired Chairman of Enron, March 1, 2001

• A 2001 "call sheet" prepared by the RNC in advance of a fundraising call by then-Virginia Governor Jim Gilmore to Forrest E. Hoglund, Chairman and CEO of Arctic Resources Company and former Chairman of Enron Oil and Gas. The sheet instructs Governor Gilmore to ask Hoglund to renew his Team 100 membership, which requires an annual contribution of $25,000. The sheet outlines details of their conversation, including Hoglund's concerns about a potential increase in the supply of energy and politics in the Middle East. It notes that Hoglund "grumbled about soft money, but still gave last year." Handwritten notes on the sheet indicate that during the call, Hoglund was "warm, happy, cooperative," and that he is "sending 25K."

RNC Team 100 meeting and check presentation with Lt. Gen. Chambers of Nat'l Shooting Sports Foundation, October 11, 2000

• A 2000 RNC "briefing paper" announcing a meeting at which officials of the National Shooting Sports Foundation (NSSF) and Mercury Group, which represents the NSFF, are to present the RNC with checks totaling $160,000. The memo notes that "the gun manufacturers are in the midst of various legal citations by the Clinton administration" and that the NSFF requested that "one of four members of Congress be present: Hal Rogers, Phil English, Phil Crane or Sam Johnson." The memo also says that the RNC is "working to secure one of these members at the meeting."

RNC Memo from Henry Barbour re: Dow Chemical contribution

• A handwritten note from Henry Barbour, director of the RNC's Team 100 program, to a Dow Chemical official, thanking the official for the corporation's generous contributions to the party. Barbour offers to arrange meetings between the Dow leadership and then-RNC Chairman Haley Barbour, then-Majority Leader Bob Dole (R-KS) and then-Speaker Newt Gingrich (R-GA).

RNC Memo from Henry Barbour re: Dole and Gingrich contacts, January 28, 1995

• A 1995 handwritten note from Henry Barbour, director of the RNC's Team 100 program, to Kim White of Moore Capital Management, a money management firm, thanking her for the corporation's support of the RNC. Barbour asks White to "let me know how the Dole & Gingrich contacts are working." The memo also reminds White that if there are others she wants to "hook up with" she should let him know.

RNC Memo from Henry Barbour to Louis Bacon re: Mexican Peso

• A handwritten note from Henry Barbour, director of the RNC's Team 100 program, to Louis Bacon of Moore Capital Management. Barbour tells Bacon him that then-RNC Chairman Haley Barbour had personally passed Bacon's views on U.S. assistance to Mexico during that nation's currency crisis on to then-Majority Leader Bob Dole (R-KS) and then-Speaker Newt Gingrich (R-GA). He also directs Bacon to "holler" whenever the RNC can "be of help."

RNC Memo re: Louis Bacon of Moore Capital Management and contact with Senator Dole, March 2, 1995

• A 1995 memo from Tim Barnes, Chairman of the RNC's Team 100, to Royal Roth, a fundraiser for then-Majority Leader Bob Dole (R-KS), requesting "a contact in Senator Dole's office for Mr. (Louis) Bacon" and reminding Roth of Bacon's generosity to the RNC.

RNC Memo from Sam Fox to Tim Barnes, July 10, 1995

• A 1995 memo from Sam Fox, CEO of Harbour Group, to Tim Barnes, Chairmanman of the RNC's Team 100, asking for his "assistance with Bill Archer, Chairmanman of the House Ways and Means Committee" and requesting contacts in the offices of both Bob Dole and Rep. Archer (R-TX).

Letter from Jim Nicholson, RNC Chairman, to Phil Anschutz of the Anschutz Corporation re: contribution, October 23, 1998

• A 1998 memo then-RNC Chairman Jim Nicholson to Phil Anschutz of the Anschutz Corporation thanking him for his $100,000 contribution and hoping Phil's meeting with Sen. Trent Lott (R-MI) was "productive."

Letter from Jim Nicholson, RNC Chairman, to Charles Heimbold, Chairman, Bristol-Meyers, April 9, 1999

• A 1999 letter from then-Republican National Committee Chair Jim Nicholson to the chairman of Bristol-Meyers Squibb, a major pharmaceutical house, noting the need to "keep the lines of communications open" if Congress is to "continue passing legislation that will benefit your industry," and suggesting that the company contribute $250,000 to the Republican National Committee.

Letter from Jim Nicholson, RNC Chairman, to Rep. Hastert, Speaker of the House, October 7, 1999

• A 1999 letter from then-RNC Chairman Jim Nicholson to U.S. House Speaker Dennis Hastert (R-IL) regarding a letter Nicholson received from Bill Dahlgren, "a loyal member of the Republican Eagles," noting the donor's concern about U.S. policy on Russia's economic recovery. Nicholson mentions that a direct response from Rep. Hastert's office would be greatly appreciated.

Email from Lod Cook, Co-Chairman of Global Crossing, to Jim Nicholson, RNC Chairman, re: Governor Ryan, August 11, 1999

• A 1999 memo from Global Crossing Co-Chairman Lodwrick Cook to then-RNC Chairman Jim Nicholson thanking him for putting the corporation "in touch with Governor Ryan of Illinois" who "was very receptive to [Cook's] request to move things along in terms of our issues with that state."

RNC Letter to Lod Cook, Co-Chairman of Global Crossing, April 18, 2000

• A 2000 letter from RNC finance Chairman Mel Sembler to Global Crossing Co-Chairman Lodwrick Cook regarding an agreement "to upgrade your Team 100 membership to the Regent program ($250,000) when the merger was approved." The letter describes the benefits of being a Regent, including "a private meeting with Majority Leader Trent Lott in his office."

RNC Memo to Sen. Hagel's office re: meeting with Team 100 member, July 18, 2001

• A 2001 memo from RNC External Relations Director Stephanie Strategos to Senator Chuck Hagel's (R-NE) office regarding a proposed meeting between Dr. V. Thanh Nguyen Senator Hagel. According to the memo, the main reasons for the senator to meet Nguyen include: he runs an $80,000,000 high-tech business, he just contributed $100,000 to the RNC, and he wants to be a Republican leader in his community.

Letter from William Carey to Jim Nicholson, RNC Chairman, November 5, 1999

• A 1999 letter from W.P. Carey & Sons Chairman William Polk Carey to then-RNC Chairman Jim Nicholson in which Carey renews his Team 100 membership with an enclosed check. Carey tells Nicholson "I do feel I have benefited from Team 100 in the audience it has afforded me with party leaders."

Letter from Edison Electric Institute to Haley Barbour, RNC, February 29, 1996

• A 1996 letter from the Edison Electric Institute official E. John Newman to then-RNC Chairman Haley Barbour thanking him for arranging a dinner with then-Rep. Dan Schaefer (R-CO), chairman of an important subcommittee with jurisdiction over energy matters. He describes a dinner with Rep. Schaefer and his wife at which they discussed "issues" and "gain[ed] his confidence." Newman says "we could not have asked for more."

Letter from Edwin Lupberger, Chairman, Entergy, to Rep. Tom Delay, March 14, 1996

• A 1996 letter from Entergy Corporation Chairman and CEO Edwin Lupberger to Rep. Tom DeLay (R-TX) seeking his support in the repeal of the Public Utility Holding Company Act of 1935 - an issue of "significant importance to our company and industry." Lupberger refers to a previous conversation with Rep. Delay on the issue at a Team 100 dinner in Washington.

Letter from Vice Chairman, New York Life, to Haley Barbour, RNC, September 17, 1996

• A 1996 letter from New York Life Insurance Company Vice Chairman Lee M. Gammill to then-RNC Chairman Haley Barbour, seeking help "as a Team 100 member" on the federal mental health parity mandate.

Letter from Leon Hirsch to Alfred Hoffman re: meeting committee chairmen, February 23, 2001

• A copy of a 2001 letter from former U.S. Surgical Corp. Chairman and CEO Leon C. Hirsch to Watermark Communities' CEO Alfred Hoffman, Jr., concerning the estate tax. Hirsch says he is "looking forward to discussing this gross inequity with the Chairmen of the House and Senate Committees." On the memo is a handwritten note: "Bev - you must set up a meeting." Beverly Shea is Finance Director for the Republican National Finance Committee. The second page is a memo in which Beverly gives handwritten instructions to set up such a meeting.

RNC List of attendees at a healthcare executive meeting

• An RNC staff memo briefing RNC Finance Committee Chairman Mel Sembler and other party officials on a meeting to be held with Bristol-Myers Squibb Vice President Dick Thompson and other health care and pharmaceutical executives. The memo notes that the pharmaceutical company "will consider joining Season Pass " - a Republican fundraising program for $250,000 donors - "but would like to have a meeting with you and other pharmaceutical company executives prior to joining." The memo notes that the group is particularly interested in a White House proposal to add a prescription drug benefit to the Medicare program, a measure they "vehemently oppose."

Memo from Barry Caldwell to Adam Holmer re: PhRMA's meeting with Sen. McConnell, February 8, 1999

• A 1999 memo from Republican fundraiser Berry Caldwell to Pharmaceutical Research and Manufacturer's Association official Alan Holmer regarding Holmer's upcoming meeting with Senator Mitch McConnell (R-KY). The objectives are to get a personal introduction and express "PhRMA's willingness to be a resource, substantively and politically, to assist in maintaining a Republican majority in 2000."

Letter from Mitch McConnell, Chair, National Republican Senatorial Committee, May 27, 1999

• A 1999 letter from National Republican Senatorial Committee Chairman Mitch McConnell to prominent corporate executives who supported the Committee for Economic Development's call for campaign finance reform, including a ban on soft money. These corporations generally have matters of interest pending before Congress. McConnell accuses the Committee of "deny[ing] corporations the right to make perfectly legal non-federal contributions to political parties," and of "restrict[ing] the political speech rights of individuals, candidates, groups, political parties - and even your own company." McConnell closes by saying "I am certain that CED has invoked your name in error, and to ensure that we quickly put this embarrassment to rest, I would welcome any clarification you can provide."

Letter from Mitch McConnell, Chair, National Republican Senatorial Committee, July 28, 1999

• A 1999 letter from National Republican Senatorial Committee Chairman Mitch McConnell to supporters, and "presumably financial back[ers]," of the Committee on Economic Development and its call for campaign finance reform. These corporations generally have matters of interest pending before Congress. McConnell outlines actions taken by the CED which "render the Republican Party powerless to defend pro-business candidates," and urges recipients of his letter to publicly withdraw from the CED and its "radical campaign finance agenda." At the bottom of the letter is a handwritten note - "I hope [REDACTED] will resign from CED."

Letter from Mitch McConnell, Chair, National Republican Senatorial Committee, August 30, 1999

• A 1997 letter from the National Republican Senatorial Committee to Antonio Frias, president of a concrete contracting company, inviting him to become a Life Member of the Inner Circle , a group of $15,000 donors. The letter outlines "three special rewards" - including personal photo opportunities with the "men who are shaping the Senate agenda" and an offer to "bring you closer to them with each subsequent meeting."

Democratic National Committee (DNC), Fundraising call list

• A "call sheet" prepared by the Democratic National Committee listing previous donors from whom to solicit additional contributions. The sheet details past contribution levels and suggests that the caller ask for larger donations in exchange for lunch with President Bill Clinton.

DNC Finance Call Sheet for Jim Groninger, Texaco, November 10, 1995

• A 1995 "call sheet" prepared for then-DNC Chairman Don Fowler and Senator Christopher Dodd (D-CT) in anticipation of a call to Texaco executive Jim Groninger. The letter suggests asking Groninger "to become a Trustee and contribute $35, 000," noting that the President (Clinton) "helped out the oil industry by supporting them on drilling issues."

DNC Finance Call Sheet for John Gore, BP, November 13, 1995

• A 1995 "call sheet" prepared by the Democratic National Committee for Sen. Christopher Dodd (D-CT), instructing the Senator to solicit soft money donations from BP, a major oil corporation. The instruction sheet notes the amount the corporation had contributed in the past and the amount of soft money it had contributed to Republican causes. The sheet also explains that the Clinton Administration had "helped [BP] out" on two major issues that year, one involving deep water oil drilling in the gulf of Mexico, the other involving oil imports from foreign-owned companies;

DNC Finance Call Sheet for Dennis Hendrix, Panhandle Eastern, November 14, 1995

• A 1995 DNC "call sheet" prepared for then-DNC Chairman Dennis Hendrix, Chairman of Panhandle Eastern, asking him "to donate $10,000 to join the Business Council." The memo noted Eastern's Vice-Chairman, George Mazanee, "was at the meeting with President Clinton dealing with deep water drilling right in the Gulf of Mexico ." It also mentions that, "the Clinton Administration was instrumental in getting this issue through Congress."

DNC Finance Call Sheet for Sara Forelich, Glaxo Inc., November 13, 1995

• A 1995 "call sheet" prepared by the DNC for Sen. Christopher Dodd (D-CT) instructing the Senator to solicit soft money donations from Glaxo, Inc., a British owned pharmaceutical manufacturer. The instruction sheet notes that Glaxo has not donated money to the DNC in the past and recites the amount of soft money the corporation has contributed to Republican causes. The sheet also explains that Glaxo has a major interest in patient rights and that the company's CEO was running for the U.S. Senate in North Carolina as a Democrat.