Trump campaign, RNC emails and fundraising data may be passed to Jan. 6 panel, judge rules

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A federal judge on Sunday evening rejected the Republican National Committee’s offer to block its mass email marketing provider from releasing recordings to the House panel investigating the Jan. 6, 2021, Capitol attack as it seeks to find out whether President Donald Trump’s campaign spread false allegations of fraud after the 2020 election through fundraising calls that also stoked violence.

U.S. District Judge Timothy J. Kelly of Washington won a landslide victory before the House Select Committee, rejecting claims by the RNC that his information and that of the Trump campaign was protected on grounds including the First Amendment and the ruling that under the Constitution’s grant of legislative powers to Congress and the Speech or Debate Clause, judges cannot interfere with how lawmakers obtain and use information.

Kelly also dismissed the RNC’s claims against Salesforce – the enterprise software giant used by the RNC and Trump’s re-election campaign – after the company and the committee significantly narrowed the list of disputed records at issue, for example suppressing requests for information that would reveal the identity of individual political donors. Kelly temporarily barred Salesforce from releasing House recordings until Wednesday to give the GOP national committee time to appeal.

“It is hard to imagine a greater interest in Congress than preserving its own ability to perform the specific tasks assigned to it by the Constitution,” Kelly wrote in a 53-page notice published shortly before midnight. “To repeat: According to the select committee, its investigation and public reports suggest that allegations that the 2020 presidential election was fraudulent or stolen motivated some who participated in the attack, and emails sent by the RNC and the Trump campaign using the Salesforce platform propagated these claims.”

The Republican National Committee sued March 9 after the House panel issued a subpoena to Salesforce on Feb. 23 and said it was investigating whether the RNC and Trump campaign solicited campaign donations from the November 3, 2020 to January 6, 2021, by pushing false and inflammatory allegations of voter fraud. The select committee said they wanted to understand the flow of funds and whether they had gone to their stated purpose.

Salesforce has publicly announced that it has “taken action” against the RNC, a longtime customer, to “prevent its use of our services in a way that could lead to violence” after the Jan. 6 riots against the Congress as lawmakers gathered to certify President Biden. electoral victory.

In court, attorney for the House General Counsel’s Office, Eric Columbus, said, “Salesforce had reason to believe that its platform was used to fan the flames that generated January 6th. … The committee wants to know what work product led them to believe this.

The joint RNC and Trump campaign effort sent out hundreds of emails between Election Day and Jan. 6 to hundreds of thousands of recipients, typically repeating baseless claims that Democrats stole the election and urging donors to contribute, the committee said. For example, an email sent an hour before police lines at the Capitol were breached that day urged supporters to “REPLAY,” under another header reading, “This is our LAST CHANCE.”

The RNC urged the judge to dismiss the subpoena, calling the claims overbroad, without valid legislative purpose and a thinly veiled attempt at political espionage.

RNC attorney Christopher O. Murray claimed that the national GOP’s greatest effectiveness in digital fundraising in recent years stems from the way it breaks down and organizes the performance of groups of email recipients, and that such closely held confidential information would be promptly released by Congress to its national. Democratic counterparts.

That a congressional committee controlled by one of the country’s two major political parties would use its legislative power to expose the other party’s internal strategies and deliberations, Murray said, “Frankly, your honor, it’s a scandal.

“Our trade secrets are how we exercise our First Amendment rights” to free speech and political association, Murray said in expedited closing arguments on April 1, adding, “How we try to win elections is our secret sauce. … That’s what I think the congressional committee really wants.

In his view, Kelly, a 2017 Trump appointee, ruled that under the required balancing test, the subpoena was narrowly tailored to meet the “vital” and “unique” interest of Congress. in a full investigation into the Jan. 6 attack, and he called many of the RNC’s concerns overstated or speculative.

“The House instructed the select committee to ‘investigate and report on the facts, circumstances and causes relating to’ the January 6 attack, including ‘the influential factors which fomented it.’ And it allowed the select committee to investigate “how technology…may have factored into the motivation” of the attack, including examining the roles of all relevant “public and private” entities,” Kelly wrote.

“The subpoena does not violate the First Amendment, in part because of the limited number of documents involved,” Kelly said, adding, “Knowledge of the causes of the attack will make [the panel] “better able to discharge its responsibility” to provide knowledgeable recommendations to the House for corrective action to avert a future attack. »

Salesforce did not take sides in the dispute. However, its lawyers said the company could comply with the requests without disclosing any personally identifiable information about the recipients of the emails or their contributions; information deemed confidential under its contract with the RNC; and analyzes constituting the work of its own lawyers.

“We do not wish to comply with the subpoena. We are obligated to comply, and we will comply pending your orders,” Salesforce attorney Jacob Sommer told the judge.

Justice Department expands Jan. 6 probe to examine rally preparation and financing

Kelly agreed that the House committee’s dive into data held by the RNC’s marketing vendor created the “extremely rare sight of a congressional committee subpoenaing the records of one of the two major political parties in our country”.

But the judge said information about the pace and content of his mass emails is already being collected from online databases, and that the RNC had provided him with no basis to conclude that a subpoena uncover sensitive email discussions by employees, internal RNC memoranda about its digital strategy, or information that would allow a political competitor to piece together a “mosaic” of its email strategy.

“Clearly, insights that show which email campaigns got the most attention and which got less attention have some strategic value,” Kelly wrote. “But on the record here, any competitive harm that may be caused to the RNC by the disclosure of the actual material at issue is too ‘logically attenuated’ and ‘speculative’ to overcome the important interest of the select committee.”

In argument, Columbus, joined by House General Counsel Douglas N. Letter, urged the judge to come to such an opinion, saying, “Unprecedented events prompt unprecedented investigations.”

The House committee sought five sets of documents, including how Salesforce analyzed the RNC and Trump campaign’s use of its platforms through Jan. 6 and what the three said about their continued use.

More generally, the House, after consultation with Salesforce, said it was looking into how and which campaign or RNC officials directed appeals from small donors. Lawmakers also asked for “all performance metrics and analytics” on how the Trump campaign, the RNC and the Trump Make America Great Again committee reached supporters, such as how often the emails were sent; how many times they bounced; the frequency with which recipients have clicked on, opened or otherwise participated in solicitations; and when and how much time they spent interacting.

In her ruling, Kelly said the RNC’s challenge to the validity of the January 6 committee’s legislative authority was thrown out by the Supreme Court in January when she sided with the panel and rejected the asks Trump to stop publishing some of his White House files.

The judge applied a “scrutiny scrutiny” test to the House’s request for First Amendment information, saying it was comparable to the RNC’s request that Congress’ subpoena to the provider of marketing and A national political party’s fundraising should be “tightly tailored” and managed. by the courts such as requests from congressional and New York investigators regarding former President Trump’s personal records held by his accounting firm, Mazars USA, and Deutsche Bank.

RNC lawyer Murray urged Kelly to apply the same reasoning as Supreme Court Chief Justice John G. Roberts Jr. in a landmark 2020 decision, when he upheld the authority of Congress at large to issue subpoenas for a president’s personal financial records, but ruled they must be “no broader than reasonably necessary.”

In this case, Murray urged Kelly to similarly protect a national political party’s constitutionally protected data, which he said could reveal its internal strategies and deliberations, its exercises of free speech rights. and association.

In court filings, House attorneys, led by Letter, said the information sought “could help the select committee assess the types and amounts of mass email campaigns to target in any potential legislation.” to counter dangerous political misinformation”.

“Investigating the link Salesforce saw between these fundraising emails and violence is critical to the work of the select committee,” Letter explained. Committee investigators are also investigating who drafted and approved the small donor appeals.

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