¶ Support For Bush's War on Terror Actions
| In 2005, Whitaker touted his top priorities as U.S. attorney were in line with the Bush Administration’s anti-terrorism policies. In his capacity as U.S. Attorney in Iowa, Whitaker urged members of the Des Moines City Council to support the Patriot Act. When asked in 2005 about his predecessor improperly spying on anti-war organizations in Iowa, Whitaker said “I just don't know anything about it, and I guess I don't really have the curiosity to find out.” |
¶ As U.S. Attorney, Whitaker Was An Ally Of The Bush Administration’s War On Terror
2005: Whitaker Said His Top Priorities As U.S. Attorney Were In Line With The Bush Administration’s Anti-Terrorism Policies. According to the Associated Press, “Matthew Whitaker has gone from playing defense for football coach Hayden Fry at the University of Iowa to playing a lead offensive law enforcement position for President George W. Bush. His rise from linebacker to U.S. attorney for Iowa's Southern District took a dozen years and included jobs as a private practice attorney, corporate lawyer and political candidate. […] His top priority reflects that of the Bush administration - preventing terrorism, he said. Whitaker is a member of a regional anti-terrorism task force, a group of state local and federal government agencies that meets regularly to discuss terrorism related issues. The group discusses international threats, along with domestic groups that have vandalized mink farms and university laboratories in the state to highlight their claims of animal cruelty. ‘We continue to be very vigilant and the FBI has worked very hard tracking down every lead they think is even tangentially related to terrorist both international terrorism and domestic terrorism,’ Whitaker said.” [Associated Press, 3/24/05]
As U.S. Attorney, Whitaker Urged Members Of The Des Moines City Council To Vote Against A Resolution That Opposed The Patriot Act. According to the Des Moines Register, “Des Moines City Council members Monday passed a resolution that opposes the Patriot Act. Congress approved the act after the Sept. 11, 2001, terrorist attacks. It has been criticized by civil rights activists who say it gives government authorities the ability to override constitutional rights and conduct secret investigations. Matthew Whitaker, U.S. attorney for the Southern District of Iowa, urged the council to vote against the resolution. The Patriot Act has helped law enforcement officials become more efficient, and people erroneously believe the act sacrifices constitutional rights, he said. ‘It (the resolution) will send the wrong message to people who want to harm you, me and our children,’ Whitaker said.” [Des Moines Register, 7/27/04]
2005: Whitaker Declined To Comment About Allegations That His Predecessor Improperly Spied On Peace Activists In The Early 2000s. According to the Des Moines Register, “Iowa peace activists say they have proof that federal authorities used the specter of terrorism last year to investigate local anti-war activities. The activists say U.S. Justice Department documents show officials ‘weren't exactly candid’ when they denied that the war protesters were ever considered a terror threat. The collection of e-mails, memos and newspaper clippings, reviewed by The Des Moines Register, appear at least to contradict parts of the official explanation for an investigation that involved four protesters, Drake University and the student chapter of the National Lawyers Guild. The protesters and university officials were ordered before a federal grand jury in February 2004 as part of a probe focused on an earlier protest at the Iowa National Guard headquarters. Drake administrators were ordered to turn over all records from a November 2003 peace conference that preceded the demonstration and to inform authorities about local leaders of the lawyers guild, which sponsored the conference. […] An FBI spokesman did not respond to repeated requests from the Register for comment about the documents. O'Meara did not return telephone calls. His boss, U.S. Attorney Matthew Whitaker, declined to comment. Whitaker succeeded O'Meara in June 2004, four months after the subpoenas were issued. ‘I just don't know anything about it, and I guess I don't really have the curiosity to find out,’ Whitaker said. ‘It was all over long before I got here.’” [Des Moines Register, 11/7/05]
- Whitaker: “I Just Don't Know Anything About It, And I Guess I Don't Really Have The Curiosity To Find Out.” According to the Des Moines Register, “An FBI spokesman did not respond to repeated requests from the Register for comment about the documents. O'Meara did not return telephone calls. His boss, U.S. Attorney Matthew Whitaker, declined to comment. Whitaker succeeded O'Meara in June 2004, four months after the subpoenas were issued. ‘I just don't know anything about it, and I guess I don't really have the curiosity to find out,’ Whitaker said. ‘It was all over long before I got here.’” [Des Moines Register, 11/7/05]
¶ Defended Meetings With Russians
| Whitaker is a Trump loyalist. He defended Donald Trump Jr.’s meeting with Russians at Trump Tower and defended former Attorney General Jeff Sessions for not disclosing meetings with the Russian ambassador. |
¶ Whitaker Defended The Infamous Trump Tower Meeting—And The Trump Campaign’s Attempt To Get Dirt From Russians
July 2017: Whitaker Defended Donald Trump Jr.’s Decision To Meet With Russians At Trump Tower During The 2016 Campaign. According to Newsweek, “The man taking over from Jeff Sessions as U.S. attorney general told CNN last year that he was in favor of the meeting at the center of an inquiry into possible Russian collusion with the Trump campaign ahead of the 2016 election. […] Whitaker, who at the time was the executive director of the Foundation for Accountability and Civic Trust, said Trump Jr. was right to agree to the meeting, and that there was no evidence he knew it would be with a Russian national. Trump Jr. said he did not know who he was meeting and that nothing came of it.” [Newsweek, 11/8/18]
Whitaker, Talking About The Trump Tower Meeting: “I Have Run For Public Office Twice And You Certainly Want To Have Any Legal Advantage You Can. One Of Those Advantages Is To Know What Your Opponent [Is Doing].” According to Newsweek, “Whitaker said: “If you have somebody that you trust that is saying you need to meet with this individual because they have information about your opponent, you would take that meeting. ‘I have run for public office twice and you certainly want to have any legal advantage you can. One of those advantages is to know what your opponent [is doing].’ When asked if it would be wise to take a meeting with an unknown person so soon after being nominated as a presidential candidate, Whitaker told CNN: ‘I guarantee that after that meeting, once Donald Trump Jr. realized who that person was, that probably had a dramatic impact on how he felt about that meeting.’” [Newsweek, 11/8/18]
¶ Whitaker Defended Sessions After He Failed To Disclose Contacts With The Russian Ambassador
Whitaker Was The Executive Director Of The Foundation For Accountability And Civic Trust, Which Defended Jeff Sessions When He Failed To Disclose Prior Conversations With The Russian Ambassador At His Confirmation Hearing. According to the Daily Beast, “Acting Attorney General Mark Whitaker, named to head the Justice Department after Jeff Sessions was fired Wednesday, has a close relationship with President Trump and has expressed hostility toward special counsel Robert Mueller’s probe—which he may now oversee. […] Through that nonprofit, and with the help of a PR firm later tied to a bizarre conspiracy theory, Whitaker ran interference for Sessions at one of the most fraught moments in his tumultuous time as attorney general. In March 2017, The Washington Post reported that Sessions had neglected to tell the Senate at his confirmation hearing about prior conversations he had with the Russian ambassador. The attorney general came under blistering criticism, especially as he had not yet recused himself from supervising the FBI’s investigation into Russian meddling in the 2016 election. Then Whitaker spoke up. As executive director of the Foundation for Accountability and Civic Trust, an organization that served primarily to level ethics complaints against Democrats, he released a statement defending Sessions.” [Daily Beast, 11/7/18]
¶ Sham Company
| Whitaker was a paid advisor to World Patent Marketing, an invention-promotion company that the FTC accused of defrauding consumers out of millions of dollars. During the investigation, Whitaker ignored a subpoena from the FTC, blaming his unavailability on his move from Iowa to Washington, DC. He also threatened a customer who complained about World Patent Marketing to the Better Business Bureau. The company was eventually shut down by the FTC in 2017 and fined $26 million. |
¶ Whitaker Was A Paid Adviser To World Patent Marketing, Which The FTC Shut Down For Being A Scam
Whitaker Was A Paid Adviser To An Invention-Promotion Company That Federal Regulators Shut Down For Scamming Would-Be Investors. According to MarketWatch, “Matthew Whitaker, appointed acting attorney general on Wednesday after Jeff Sessions resigned, was a paid advisory-board member of an invention-promotion company shut down by federal regulators last year as an alleged scam. The Federal Trade Commission last year accused World Patent Marketing Inc., of Miami Beach, Fla., of scamming would-be inventors by charging them thousands of dollars to patent and promote their inventions. The company ‘provided almost no service in return’ and threatened people who complained, the regulator said.” [MarketWatch, 11/7/18]
The Scam Began In 2014, Was Promoted Through Bogus Success Stories, And Ultimately Cost Consumers $26 Million. According to MarketWatch, “The FTC alleged that the scheme, which it said was promoted through ‘bogus ‘success stories’ and testimonials,’ began in early 2014. The agency found that consumers lost about $26 million; some allegedly ended up in debt or lost their life savings. World Patent Marketing promotional videos and photos show Whitaker reviewing invention ideas with the company’s founder, and the FTC included in court exhibits an email from Whitaker acting on behalf of the company and threatening a customer who complained with potential ‘serious civil and criminal consequences.’ The August 2015 email was reviewed by The Wall Street Journal.” [MarketWatch, 11/7/18]
FTC Complaint: World Patent Marketing “Failed To Fulfill Almost Every Promise They Make To Consumers.” According to The Guardian, “The company was accused of tricking hopeful inventors into paying it thousands of dollars to obtain patents and licensing deals for their inventions. In fact, they ‘failed to fulfill almost every promise they make to consumers,’ the complaint said. Emails filed to federal court show that in August 2015, Whitaker cited his former role as a federal prosecutor in a threatening email to a customer of World Patent Marketing who had complained about the company to the Better Business Bureau.” [The Guardian, 11/7/18]
¶ Whitaker Failed To Respond To FTC Investigation
Whitaker Ignored Subpoena From FTC Regarding Firm As He Was Moving. According to the Washington Post, “Whitaker has told officials he served in a limited capacity as an outside legal adviser to the company and provided occasional advice when asked but that he was not part of the day-to-day operations, according to a Justice Department official, who spoke on the condition of anonymity because of the sensitivity of the case. When the FTC subpoenaed Whitaker for his records related to the company in October 2017, he failed to provide any information, telling investigators that he was busy at that time moving from Iowa to Washington for a new job, according to people with knowledge of the case. At the time, Whitaker was preparing to assume a new post: chief of staff to then-Attorney General Jeff Sessions.” [Washington Post, 11/9/18]
¶ Whitaker Acted As Firm’s Lawyer
Whitaker Threatened A Critic Of The Firm With Legal Consequences. According to the Washington Post, “In one August 2015 email contained in court filings, Whitaker threatened one of the company’s critics, emphasizing that he was a former U.S. attorney. In response to a man who had complained to Cooper about the company and threatened to file a complaint with the Better Business Bureau. Whitaker warned “there could be serious and criminal consequences” if he proceeded. Whitaker noted his previous role as the top federal prosecutor in southern Iowa and included an image of his law firm’s logo. Four days after Whitaker’s email, the company filed a lawsuit against the man in New York, alleging he had defamed Cooper and attempted to extort him. The company’s suit noted that Whitaker had intervened in the matter at Cooper’s personal request.” [Washington Post, 11/9/18]
Whitaker Cited His Former Role As A Federal Prosecutor In A Threatening Email To A Customer. According to The Guardian, “Emails filed to federal court show that in August 2015, Whitaker cited his former role as a federal prosecutor in a threatening email to a customer of World Patent Marketing who had complained about the company to the Better Business Bureau.” [The Guardian, 11/7/18]
¶ Whitaker Received Thousands From The Scam And Publicly Vouched For The Company’s Credibility
Whitaker Received Regular Payments Of $1,875. According to The Guardian, “Court filings in the case against World Patent Marketing show that Whitaker received regular payments of $1,875 from the Florida-based company, and sent a threatening email to a victim of the alleged scam.” [The Guardian, 11/7/18]
Whitaker Publicly Vouched For The Company In December 2014. According to The Guardian, “Whitaker publicly vouched for the company, claiming in a December 2014 statement that they ‘go beyond making statements about doing business “ethically” and translate those words into action.’ What's next for the Trump-Russia inquiry now Sessions has been fired? Whitaker, a former US attorney for the southern district of Iowa, said at the time: “I would only align myself with a first-class organization.” [The Guardian, 11/7/18]
¶ Company Promoted Bizarre Products
Company Sold Toilets For “Well-Endowed Men.” According to Mother Jones, “In November 2014, a Miami Beach-based firm, World Patent Marketing, announced the ‘marketing launch’ of a ‘MASCULINE TOILET,’ which boasted a specially designed bowl to help ‘well-endowed men’ avoid unwanted contact with porcelain or water. ‘The average male genitalia is between 5″ and 6″,’ the firm’s press release said. ‘However, this invention is designed for those of us who measure longer than that.’ In the same release, World Patent Marketing also touted the recent appointment of ‘Matthew G. Whitaker, former Iowa US Attorney and Republican candidate for United States Senate to the company’s advisory board.’” [Mother Jones, 11/14/18]
Company Sold Bitcoin Based Time Travel And Sasquatch Dolls. According to Mother Jones, “The special toilet was not the firm’s only notable offering. It marketed a slew of oddball inventions, including a ‘theoretical time travel commodity tied directly to price of Bitcoin.’ Called Time Travel X and marketed as ‘a technology, an investment vehicle and a community of users,’ the cryptocurrency never materialized. The firm also pitched Sasquatch dolls, promoting them with a video claiming that ‘DNA evidence collected in 2013 proves that Bigfoot does exist.’” [Mother Jones, 11/14/18]
¶ Took Conservation Subsidies For Land Owned By His Daycare While US Attorney And Flipped It For $30,000 Profit
|
In 2003 Matt Whitaker founded a company called “LEI Acquisition LLC” that opened a daycare called Little Endeavors in Ankeny Iowa. In 2004, LEI purchased a plot of land in Decatur County, located over an hour away. From 2004-2006 LEI received $7,556 in federal farm subsidies despite Whitaker claiming that the LLC owned no agricultural; land in the state and Iowa state law requiring corporations to notify the state if they planned on using owned land for agricultural purposes. The subsidies received from the federal government came from a program that paid farmers to not use agricultural land in environmentally sensitive areas. LEI sold the land in 2006 the same year it last received subsidies and made $30,000 on the flipped property. |
¶ 2003: Matt Whitaker Founded LEI Acquisition LLC
Matt Whitaker Listed Home Address As LEI Acquisition LLC’s Principal Office; Listed Himself As Organizer. “Article V Principal Office The address of the principal office of the Company is 13203 Holcomb Drive, Urbandale, Iowa 50323. Article VI Organizer The name and address for the organizer is: Matthew G. Whitaker Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C. 4th Floor, Equitable Building 604 Locust Street Des Moines, IA 50309.” [Iowa Secretary of State – LEI Acquisition Articles of Organization, 6/26/03]
- 2001: Whitaker Purchased 13203 Holcomb Drive, Urbandale, Iowa. [Warranty Deed – Polk, Iowa Recorder, 7/3/01]
¶ 2017: Biennial Report Listed Matt Whitaker As Registered Agent
Matt Whitaker Listed “521 E Locust Street” As The Principal Office And His Address As Registered Agent For LEI LLC. According to LEI Acquisition LLC’s 2017 biennial report to the Iowa Secretary of State, “1. Name of the limited liability company, its registered agent and office. LEI Acquisition, LLC Matthew G Whitaker 521 E Locust Ste 302 Des Moines IA 50309. 2. Street address of the principal office of the limited liability company: Name Address 521 E Locust Street Address STE 302 City Des Moines State IA Zip 50309 Country USA” [Iowa Secretary of State – LEI Acquisition Biennial Report, 8/10/17]
521 E Locust Street Was The Address For Matt Whitaker’s Old Law Firm, Whitaker Hagenow & Gustoff LLP. According to Hagenow & Gustoff’s website, “Des Moines 521 East Locust Street Suite 302 Des Moines, Iowa 50309 515.284.5001” [Hagenow & Gustoff LLP’s website, Accessed 11/15/18]
¶ LEI Acquisition Was Holding Company For Daycare In Ankeny Iowa
In Questionnaire for Iowa Supreme Court Whitaker Said That LEI Acquisition “Operates Daycare In Ankeny Iowa;” Made No Mention Of Farm.
[Whitaker - Personal Data Questionnaire for Iowa State Judicial Nomination Commission, 12/31/10]
Whitaker Owned Little Endeavors In Ankeny Iowa. According to the Washington Post, “In 2003, Whitaker expanded his holdings with the purchase of the day care, Little Endeavors Child Development Center, in his hometown of Ankeny. The center had a capacity for 204 children, state records show.” [Washington Post 11/14/18]
¶ 2004-2006: Whitaker Took A Federal Conservation Subsidy For Land Bought Through LEI Acquisition
¶ 2004 - 2006: LEI Acquisition Owned Land In Decatur County, Iowa
February 2004: LEI Acquisition LLC Purchased Land In Decatur County, Iowa, For $132,000. According to a real estate contract recorded with the Decatur County, Iowa, Recorder on March 3, 2004, Helbing Brothers LLC sold the following real estate to LEI Acquisition LLC on February 27, 2004, for $132,000: “The South One-half (S½) of the Northeast Quarter (NE¼); East 77½ acres of the North One-half (N½) of the Southeast Quarter (N½SE ¼); East One and One-fourth (1¼) acres of Southeast One-fourth of the Southeast Quarter (SE¼ SE¼); all in Section 25, Township 70 North, Range 27 West of the 5th P.M., Decatur County, Iowa.” [Decatur County, Iowa, Recorder Book 2004, Page 0326, 3/3/04]
March 2006: LEI Acquisition LLC Sold The Property For $162,000. According to a real estate contract recorded with the Decatur County, Iowa, Recorder on April 3, 2006, LEI Acquisition LLC sold the following real estate to Paul W. Thornton on March 30, 2006, for $162,000: “The South One-half of the Northeast Quarter (S½NE¼); East 77½ acres of the North One-half of the Southeast Quarter (N½SE¼); East One and One-fourth (1¼) acres of Southeast One-fourth of the Southeast Quarter (SE¼SE¼) all in Section 25, Township 70 North, Range 27 West of the 5th P.M., Decatur County, Iowa.” [Decatur County, Iowa, Recorder Book 2004, Page 0326, 4/3/06]
The Property Was Located Near The Decatur State Wildlife Area.
[Google Maps, Accessed 11/16/18; Earth Point – Iowa Section 25, Township 70 North, Range 27 West, Accessed 11/16/18]
¶ Over Same Time Period, LEI Acquisition Took $7,556 In Farm Subsidies
LEI Acquisition Took $7,556 In USDA Conservation Subsidies From 2004 To 2006. According to the Environmental Working Group, LEI Acquisition received $7,556.00 from 2004 through 2006 in subsidies from the Conservation Reserve Program. [EWG.org, Accessed 11/15/18]
Matt Whitaker Had 80% Share In Decatur LEI Property. According to the Environmental Working Group, “Matthew G Whitaker” had an “80%” share and Edward H. Whitaker had a “20%” share in LEI Acquisition LLC’s Decatur County location. [EWG.org, Accessed 11/15/18]
- Ed Whitaker Is Matt Whitaker’s Father. According to Matt Whitaker’s campaign website from 2002, Born in Des Moines on October 29, 1969, Matt grew up in Ankeny. Matt’s mom and dad, Ed and Mary, have lived in the same house since 1972. Ed is the President of TeamMedia and Mary is a former elementary school teacher who still volunteers for Ankeny Schools. Matt’s only sibling, his brother Todd, is an independent filmmaker in California.” [Wayback Machine, www.mattwhitaker.com, Accessed 11/15/18]
¶ Funds Were Distributed Through Decatur County USDA Office
LEI Acquisition’s USDA Subsidy Was Paid Through The Decatur County Iowa USDA Office. According to the Environmental Working Group, LEI Acquisition LLC was based in “Urbandale, IA 50323” and the “USDA county office from which subsidies were paid: Decatur County, Iowa” [EWG.org, Accessed 11/15/18]
¶ Subsidies Came From Program That Paid Farmers To Remove Land From Agricultural Production
Farm Subsidies Came From Conservation Reserve Program For Land Rental. [EWG.org, Accessed 11/15/18]
Conservation Reserve Program Gave Farmers A Yearly Renal Payment To Remove Environmentally Sensitive Land From Agricultural Production. According to the Farm Service Agency, “The Conservation Reserve Program (CRP) is a land conservation program administered by the Farm Service Agency (FSA). In exchange for a yearly rental payment, farmers enrolled in the program agree to remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality. Contracts for land enrolled in CRP are 10-15 years in length. The long-term goal of the program is to re-establish valuable land cover to help improve water quality, prevent soil erosion, and reduce loss of wildlife habitat.” [Farm Service Agency, viewed 11/19/18]
¶ While Receiving Subsidies Matt Whitaker Was U.S. Attorney For Southern District Of Iowa
Matt Whitaker Was U.S. Attorney For The Southern District Of Iowa From 2004 Through 2009. According to USA Today, “From 2004 to 2009, Whitaker served as President George W. Bush’s U.S. attorney for the southern district of Iowa. In that post, he served on the attorney general's advisory subcommittees on controlled substances and asset forfeiture, and was a member of the white-collar crime and violent and organized crime. He also worked in private practice in Iowa and Minnesota.” [USA Today, 11/7/18]
¶ Subsidies Went To LEI Despite Iowa Ban On Corporations Owning Agricultural Land And Whitaker Claiming That His Company Owned No Agricultural Land
Iowa Limited Farm Ownership To Family Farms And “Authorized Farm Corporations.” According to the Iowa State University Center for Agricultural Law and Taxation, “The second type of anti-corporate farming laws in Iowa are restrictions on the ownership of “agricultural land” by corporate entities. Iowa Code Chapter 9H contains a number of restrictions on what types of entities may acquire or lease agricultural land in Iowa. […] Entities meeting the definition of a ‘family farm corporation,’ a ‘family farm LLC,’ a ‘family farm limited partnership,’ or a ‘family trust’ are not subject to restrictions on acquiring agricultural land. To fall within these categories, the entity must generally be: 1. founded for the purpose of farming and ownership of agricultural land; 2. owned by a majority of persons related to each other as spouses, parents, grandparents, or lineal descendants of grandparents or their spouses; 3. owned by natural persons or family trusts; and 4. able to show that sixty percent of its gross income over the past three years came from farming […] Another category of entities, called ‘authorized’ entities may also acquire Iowa farmland under Iowa law. Farmland ownership by these entities, however, is subject to limitations. The statute generally allows ‘authorized farm corporations,’ ‘authorized LLCs,’ ‘authorized trusts,’ and ‘limited partnerships’ to acquire or lease farmland, as long as the total land owned does not exceed 1,500 acres.” [Iowa State University Center for Agricultural Law and Taxation, 10/25/15]
- Iowa Law Included Exception For Land Purchased For Non-Farming Purposes.” According to the Iowa State University Center for Agricultural Law and Taxation, “Several key exceptions, however, allow corporations or other entities to take a security interest in agricultural land, conduct various research and experimental activities on agricultural land, or acquire agricultural land for non-farming purposes.” [Iowa State University Center for Agricultural Law and Taxation, 10/25/15]
¶ LEI Acquisition LLC Was Formed As An LLC
LEI Acquisition, LLC Was An LLC Formed Under The Iowa Limited Liability Company Act. According to LEI Acquisition’s articles of organization, “To the Secretary of the State of Iowa: Pursuant to the Iowa Limited Liability Company Act, the undersigned, acting as organizer of a limited liability company, hereby adopts the following Articles of Organization for such company: Article I Name The name of the limited liability company is LEI ACQUISITION, LLC.” [LEI Acquisition LLC Articles of Organization - Iowa Secretary of State, 3/26/03]
Iowa Limited Liability Company Act Was “Chapter 489” Of Iowa State Statutes. According to the Iowa Legislature, “CHAPTER 489 REVISED UNIFORM LIMITED LIABILITY COMPANY ACT” [Iowa State Legislature, Accessed 11/19/18]
¶ Whitaker Claimed Land Was Not Agricultural And Company Was Not “A Family Farm”
2006 And 2008: Biennial Reports For LEI Acquisitions Stated That Company Did Not Hold An Interest In Agricultural Land In Iowa And That It Was Not A “Family Farm Limited Liability Company.”
[Biennial Report – LEI Acquisitions, 3/19/06, 4/24/08]
¶ Fraud Claims
| Whitaker showed questionable judgment in his business dealings and legal defense. Whitaker owned a construction company and was sued in 2005 over a dispute with a construction rental company who claimed Whitaker owed them $12,000 in unpaid supplies and equipment rentals. Whitaker later settled and his company was dissolved. In 2011, Whitaker represented a Minnesota filmmaker who defrauded $1.85 million in state tax credits from Iowa’s film incentives program. Whitaker blamed the state of Iowa for his client’s defrauding and claimed it was the state’s fault for not noticing. |
¶ Whitaker’s Company Was Sued By Construction Rental Company In a Dispute Over $12,000
Matt Whitaker Listed Himself As Sr. Vice President Of Buy The Yard Concrete On A Senate Judiciary Questionnaire. According to Matthew Whitaker’s Senate Judiciary Questionnaire, “6. Employment Record: List (by year) all business or professional corporations, companies, firms, or other enterprises, partnerships, institutions and organizations, nonprofit or otherwise, including firms, with which you were connected as an officer, director partner, proprietor, or employee since graduation from college. […] 2003-present-Buy The Yard Concrete, LLC, Sr. Vice President” [Whitaker U.S. Senate Judiciary Questionnaire, Accessed 11/14/18]
Whitaker Created “Buy The Yard” On July 22, 2003. According to the articles of organization of “Buy the Yard Concrete, LLC.” The articles were filed on July 22, 2003 by Matthew G. Whitaker. [Iowa Secretary of State, 7/22/03]
¶ Whitaker’s Company Was Sued By Construction Rental Company In a Dispute Over $12,000
Rental Firm Claimed Whitaker Owed $12,000 In Unpaid Supplies And Equipment Rentals. According to the Washington Post, “One year into his term, an equipment rental firm sued Whitaker and Buy The Yard Concrete in Nevada, alleging they owed about $12,000 for supplies and equipment rentals, court records show. The lawsuit related to a concrete project in Las Vegas. Whitaker represented himself in the case, according to court filings. He claimed the rental firm had no right to sue him because he lived in Iowa, noting in one filing that he was the U.S. attorney there.” [Washington Post, 11/14/18]
July 27 2005: “Ahern Rentals Inc.” Sued “Buy The Yard Concrete LLC.” In Clark County, NV District Court For Breach Of Contract. According to the Eighth Judicial District Court in Clark County, NV, “05A507605 | Ahern Rentals Inc vs Buy The Yard Concrete LLC, Matthew Whitaker Case Number 05A507605 Court Department 24 Judicial Officer Crockett, Jim File Date 07/27/2005 Case Type Breach of Contract Case Status Closed” [Eighth Judicial Court in Clark County Nevada – Case Number 05A507605, accessed 11/14/18]
Ahern Rentals Rented Small To Large Construction Equipment And Machinery. According to Ahern Rentals’ website, “Ahern Rentals: Your Source for Equipment Rentals Nationwide With over 41,000 pieces of rental equipment available nationwide, Ahern Rentals is ready to support your next project. Choose from our substantial rental inventory, ranging from heavy construction equipment to hand tools, and everything in between. Ahern Rentals stocks one of the largest selections of high reach equipment, including rough terrain forklifts, boom lifts and scissor lifts, ensuring that we always have a solution when you need to work at height.” [www.ahern.com, Accessed 11/14/18]
Ahern Rentals Was Based In Las Vegas Nevada. According to the Nevada Secretary of State, Ahern rentals was incorporated in Las Vegas Nevada. [Nevada Secretary of State, viewed 11/14/19]
¶ Whitaker Was Named In The Case As He Had Personally Guaranteed The Company
Matthew G. Whitaker Was Named As Pro Se Defendant In The Case. According to the parties in Ahern Rentals v. Buy The Yard Concrete, “Party Plaintiff Ahern Rentals Inc Active Attorneys Lead Attorney Truman, Ronald W Retained Attorney Moore, David M. Retained Defendant Buy The Yard Concrete LLC Active Attorneys Pro Se Defendant Whitaker, Matthew G Active Attorneys Pro Se” [Eighth Judicial Court in Clark County Nevada – Case Number 05A507605, Accessed 11/14/18]
¶ Case Was Settled Out Of Court
April 26, 2006: Whitaker Settled With Ahern Rentals. According to the case disposition in Ahern Rentals v. Buy The Yard Concrete, Entry Date & Time: 04/26/2006 @ 09:47 Description: ORDER OF DISMISSAL WITH PREJUDICE Debtor: Multiple Parties Creditor: Ahern Rentals Inc Amount Awarded: $0.00 Attorney Fees: $0.00 Costs: $0.00 Interest Amount: $0.00 Total: $0.00” [Eighth Judicial Court in Clark County Nevada – Case Number 05A507605, Accessed 11/14/18]
¶ Company Was Dissolved Soon After Settlement
September 5, 2006: Buy The Yard Concrete Was Administratively Dissolved For Lack Of A Biennial Report. According to the Certificate of Dissolution with the Iowa Secretary of State, “The limited liability company named above is dissolved pursuant to Iowa Code sections 490A. 1311(1) and 490A. 1312, effective as of the date of this certificate, due to the limited liability company’s failure to deliver its 2006 Biennial Report as required by section 490A. 131.” [Iowa Secretary of State – Buy The Yard Concrete LLC Filings, A 9/5/06]
¶ Whitaker Represented A Filmmaker Who Was Convicted Of Defrauding $1.85 Million In State Tax Credits From An Iowa Film Incentives Program
¶ Whitaker’s Client Wendy Runge Fraudulently Obtained Over A Million Dollars In Tax Credits
2011: Whitaker Represented Wendy Weiner Runge, A Minnesota Filmmaker Who Pleaded Guilty To Defrauding An Iowa Incentives Program For Movie Producers. According to the Des Moines Register, “Minnesota filmmaker Wendy Weiner Runge pleaded guilty Wednesday afternoon to a felony fraud charge. The surprise action came just as attorneys on both sides rested their cases in her trial in Polk County District Court. The plea agreement with prosecutors means Runge, 45, will likely face less time in prison than she would have if convicted of all five felony counts brought against her by Iowa's attorney general. Before the plea, the novice filmmaker could have faced between 10 years and 65 years behind bars. […] Runge invoked her Fifth Amendment rights against self-incrimination and never testified. During her week-and-a-half trial, defense attorneys Matthew Whitaker and Janelle Niebuhr called a series of witnesses who indicated they were unaware of any outright attempt by Runge and her partners to defraud the state.” [Des Moines Register, 2/17/11]
Runge’s Film Company Was Awarded $1.85 Million In State Tax Credits. According to the Des Moines Register, “One of four partners in Polynation Pictures, Runge received initial approval for 10 projects involving a mix of productions before Culver ordered the film program shut down in September 2009. Her company was awarded $1.85 million in state tax credits for ‘The Scientist,’ a science fiction film.” [Des Moines Register, 10/16/10]
Whitaker Tried To Prevent The Jury In The Case From Hearing About Incriminating Emails That Implicated Runge. According to the Des Moines Register, “A state prosecutor revealed emails for the first time Wednesday in the trial of former film chief Tom Wheeler that suggested partners in a film company tried to profit from the sale of approved film applications worth millions of dollars. The emails discussing possible sale of approved applications came in mid-2009 - just before new legislation took effect that would tighten rules and cap tax credits. The revelation came while a deputy attorney general was trying to impeach the testimony of Wendy Weiner Runge, the only filmmaker sentenced to prison for trying to defraud the state in the ongoing investigation of the film office and the abuse of the state's film incentive program. […] Runge's attorney, Matthew Whitaker, tried to prevent the jury from hearing about the emails.” [Des Moines Register, 8/25/11]
¶ Whitaker Tried To Blame Runge’s Defrauding On Iowa’s Democratic Governor
Whitaker Argued That The State Was At Fault For Not Detecting Runge’s Fraud. According to the Des Moines Register, “Whitaker argued that Runge cannot be found criminally responsible for Wheeler's failure to check out possible ‘fraudulent, false or inflated’ expenses or the fact that the fired film office manager doctored documents, copying his superior's signature without his knowledge.” [Des Moines Register, 10/16/10]
During Runge’s Trial, Whitaker Tried To Blame Democratic Governor Chet Culver And His Administration For Mismanaging The Film Incentives Program. According to the Des Moines Register, “Some charges against a Minnesota moviemaker caught up in Iowa's film tax-credit scandal should be dropped because she did not benefit financially from misinformation given the state on unfinished productions, according to a motion filed Friday by her defense. The moviemaker, Wendy Weiner Runge, president of Polynation Pictures, also should be cleared because of missteps made by former Iowa film chief Tom Wheeler, the motion to dismiss said. In addition, the motion accuses the state of entrapment and takes a political stab at Gov. Chet Culver. Among other things, it says Runge was accused criminally for expense estimates on anticipated film projects that never resulted in the issuance of state tax credits. ‘If the state is to apply its draconian scrutiny of Ms. Weiner Runge's (film) registration applications consistently and fairly, then the state will presumably be criminally prosecuting all businesses and/or individuals who gave job estimates for proposed projects to stimulate the economy,’ Des Moines attorney Matthew Whitaker wrote in the filing. ‘Arguably, the state will also need to criminally prosecute its own governor for his estimated job growth from stimulus projects.’ Whitaker, a former U.S. attorney in Iowa's Southern District, is a Republican. Culver, a Democrat, is seeking re-election this fall.” [Des Moines Register, 10/16/10]
¶ Work at FACT
| Whitaker served as the Executive Director of the Foundation for Accountability and Civic Trust (FACT) before working at the Justice Department. Whitaker was paid more than $650,000. FACT's work targeted Democrats while defending Republican bad actors. |
¶ Before Working At Trump's DOJ, Whitaker Was The Executive Director Of A Conservative Advocacy Organization Targeting Legal Action Against Democrats
Before Joining Trump’s DOJ, Whitaker Was The Executive Director Of The Foundation For Accountability And Civic Trust (FACT), A Conservative Advocacy Organization. According to Slate, “Before he joined the Justice Department as Sessions’ chief of staff, Whitaker was the executive director of the innocuously named Foundation for Accountability and Civic Trust (yes, it also goes by the acronym FACT). The organization, founded in 2014, largely publicized what it described as ethical lapses by prominent Democrats and requested that government agencies and law enforcement investigate them—especially if they were Hillary Clinton.” [Slate, 11/7/18]
- FACT Paid Whitaker More Than $650,000. According to the Washington Post, “Starting in 2014, Whitaker was also leader of a conservative charity, Foundation for Accountability and Civic Trust, a lucrative endeavor that raised his profile in the nation’s capital. Whitaker received a total of more than $650,000 in salary in 2015 and 2016, tax filings show.” [Washington Post, 11/14/18]
¶ FACT Targeted Hillary Clinton And Democrats In The Lead-Up To The 2016 Election
FACT Targeted Hillary Clinton And Democrats With Legal Complaints In The Lead-Up To The 2016 Election. According to Slate, “The group first gained wide public notice when it filed a complaint with the Federal Election Commission in early 2015 over the behavior of the Democratic data firm Catalist, which it alleged was violating election law by offering its services at too cheap rates, effectively making under-the-table campaign contributions. While this seems like an obscure bit of inside-baseball election law, Catalist’s president was longtime Clinton confidante Harold Ickes, thus putting FACT on the map as yet another conservative-movement irritant for the then-undeclared Hillary Clinton presidential campaign. […] While not as influential as other, more established right-wing nonprofits like Judicial Watch, which filed several lawsuits against Clinton in pursuit of her State Department emails, FACT was still a minor star in the constellation (or what Clinton would call a conspiracy) of conservative political groups and media outlets that worked for years to turn a popular secretary of state into maybe the only national political figure more polarizing and less liked than Donald Trump.” [Slate, 11/7/18]
2016: Whitaker Argued Clinton Should Have Been Indicted. According to USA Today, “Matthew Whitaker, who was named interim attorney general Wednesday after Jeff Sessions was fired, argued two years ago that Hillary Clinton should have been criminally charged. In an opinion piece for USA TODAY, Whitaker disagreed with then-FBI Director James Comey that ‘no reasonable prosecutor’ would indict Clinton for handling classified documents as secretary of State on a private email server. ‘I believe myself to have been a reasonable prosecutor, and when the facts and evidence show a criminal violation has been committed, the individuals involved should not dictate whether the case is prosecuted,’ wrote Whitaker, a former U.S. attorney.” [USA Today, 11/7/18]
¶ FACT Had Ties To The Conservative PR Firm That Worked With Ed Whelan To Spread Conspiracy Theories During Kavanaugh's Confirmation Battle
After Whitaker Left The Foundation For Accountability And Civic Trust, The Group Blasted Our A Statement Through A Conservative Public Relations Firm That Spread Ed Whelan’s Conspiracy Theories During The Kavanaugh Confirmation Hearing. According to the Daily Beast, “The statement was blasted out to reporters by CRC Public Relations, a conservative group based in Alexandria, Virginia, which represented FACT and Whitaker throughout 2017, according to press releases. More recently, CRC faced scrutiny and criticism during Justice Brett Kavanaugh’s confirmation process for reportedly stoking media interest in a discredited conspiracy theory about Kavanaugh’s chief accuser. Two people familiar with CRC’s communications at the time told The Daily Beast that people at the firm tipped off reporters that conservative activist Ed Whelan would be tweeting interesting material relevant to Kavanaugh’s confirmation.” [Daily Beast, 11/7/18]
- Whelan Doxxed A Classmate Of Kavanaugh’s, Whom He Claimed Was The Actual Perpetrator Of Sexual Assault Against Christine Blasey Ford. According to Politico, “The Ethics and Public Policy Center announced Sunday that its president, Ed Whelan, ‘will take a leave of absence’ from the conservative Washington think tank after peddling a conspiracy theory on social media last week related to a sexual assault allegation against Supreme Court nominee Brett Kavanaugh. […] Whelan became the target of swift bipartisan criticism on Thursday evening after offering an unsubstantiated alternative explanation for Christine Blasey Ford’s accusation that Kavanaugh forced himself on her at a drunken high school party more than three decades ago. His conjectures, laid out in a series of tweets, included floor plans of the house in which Whelan said the alleged assault may have taken place. It also featured the name and photo of a high school classmate of Kavanaugh’s whom Whelan identified as a potential suspect and posited that Ford may have misremembered as the federal judge.” [Politico, 9/23/18]
¶ Whitaker Refused To Disclose FACT’s Donors
Whitaker Refused To Disclose FACT’s Donors. According to Slate, “The Post described FACT as ‘a response to watchdog[] groups on the left such as American Democracy Legal Fund and Citizens for Responsibility and Ethics in Washington’ and said that FACT’s initial support came from ‘$1 million in seed money from donors who support conservative legal causes, according to people familiar with its origins.’ All Whitaker would say about his donors is that they were ‘some freedom-loving Americans’ who didn’t live in Washington.” [Slate, 11/7/18]
Received $600,000 From A Group With Ties To The Koch Brothers. According to Slate, “According to the Center for Responsive Politics, FACT’s treasurer was Neil Corkery, whose wife, Ann, was one of the founders of what’s now called the Judicial Crisis Network, one of the leading conservative nonprofits that advocates on behalf of Republican judicial nominees. The $600,000 FACT received in 2014, the Center for Responsive Politics said, came from DonorsTrust, a conservative fund that itself hides its donors and then distributes their largess. Charles Koch, CRP said, was one of DonorsTrust’s contributors: ‘In other words, an organization ‘dedicated to promoting accountability, ethics, and transparency’ gets 100 percent of its funds from a group that exists mainly as a vehicle for donors to elude transparency.’” [Slate, 11/7/18]
¶ Anti-LGBTQ+
| Whitaker’s anti-LGBTQ+ beliefs were reflected in his legal defenses. He represented a local newspaper editor in 2014 who was fired after referring to the LGBTQ+ community as “the LGBTQXYZ crowd and the Gaystapo.” Whitaker served as his volunteer attorney and claimed his client held mainstream Christian beliefs and was “appropriately expressing” them. In 2014, Whitaker said he supported amending the constitution to ban same-sex marriage. In 2007, Whitaker opened a case against an openly gay state lawmaker. The prosecution’s witness was reported to be “a drug user, a deadbeat and an abuser of women” and the jury ruled in favor of the lawmaker in just two hours. |
¶ Whitaker Represented A Local Newspaper Editor Who Referred To The LGBTQ+ Community As The “Gaystapo”
2014: Whitaker Represented Bob Eschliman, A Former Editor Of The Newton Daily News, Who Was Fired After He Decried “The LGBTQXYZ Crowd And The Gaystapo” On His Personal Blog. According to the Des Moines Register, “An Iowa newspaper editor fired after publishing his views on homosexuals is claiming he was the victim of religious discrimination by his former employer. Bob Eschliman, former editor of the Newton Daily News, filed a complaint this week with the U.S. Equal Employment Opportunity Commission office in Milwaukee arguing that he was terminated May 5 because of his religious beliefs. If the dispute isn't resolved to Eschliman's satisfaction, he could sue in federal court to seek financial damages. In late April, Eschliman, 41, a member of Christian Reformed Church of Newton, wrote a personal blog post criticizing the ‘Queen James Bible,’ a website that rewrites the Christian Bible to be friendlier to gays. Eschliman accused ‘the LGBTQXYZ crowd and the Gaystapo’ of trying ‘to make their sinful nature right with God.’ […] The Liberty Institute, a Dallas nonprofit legal firm that advocates for religious freedom, has taken up Eschliman's case. Jeremiah Dys, a senior lawyer with the Liberty Institute, told reporters at a news conference Wednesday that he believes Eschliman has a strong case. He was joined by former U.S. Attorney Matt Whitaker, who now has a private law practice and will also be representing Eschliman.” [Des Moines Register, 7/23/14]
- Whitaker Was A “Volunteer Attorney” On Eschliman’s Complaint With The U.S. Equal Employment Opportunity Commission, Alleging Discrimination Against His Religious Beliefs. According to the Clarinda Herald-Journal, “In late July, former Clarinda Herald-Journal Publisher Bob Eschliman and Shaw Media amicably resolved an employment dispute with a confidential, settlement agreement. The settlement follows Eschliman's termination from the Newton, Iowa, Daily News over a year ago. […] In July 2014, Liberty Institute, along with volunteer attorney Matthew Whitaker--a former United States Attorney and partner in the Des Moines law firm of Whitaker, Hagenow and Gustoff, LLP--filed an official charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) on behalf of Eschliman. The charge before the EEOC was dismissed prior to the settlement.” [Clarinda Herald-Journal, 8/27/15]
Whitaker Co-Wrote An Op-Ed In Defense Of Eschliman’s Comments And Claimed His Client Was “Appropriately Expressing [His] Beliefs.” According to an op-ed that Whitaker co-wrote in the Des Moines Register, “In five words, Des Moines Register columnist Rekha Basu (‘When Free Speech Collides With Your Job,’ July 27) reveals precisely why it is illegal in America to fire someone from their job because of their faith. Basu was referring, of course, to Bob Eschliman, a client of Liberty Institute, a nonprofit religious liberty defense organization. Mr. Eschliman is an award-winning journalist. He is also a man of faith. […] In America, however, it is against the law to fire an employee for expressing a religious belief an employer may not share. Such religious intolerance by an employer has no place in today’s welcoming workforce. People of faith ought to be welcomed at work, not fired for appropriately expressing their beliefs.” [Des Moines Register, Matthew Whitaker and Jeremiah G. Dys, Op-Ed 8/9/14]
Whitaker Claimed Eschliman Held “Mainstream Christian Beliefs.” According to WHO, “A local newspaper editor, fired after he made anti-gay comments on his personal blog, now says the paper is trampling on his constitutional rights. ‘It wasn't for publication,’ explained former Newton Daily News editor Bob Eschilman, ‘It was for a personal blog that maybe 30 people a day were looking at. Mainly family and friends.’ So Eschilman is filing a complaint with the US Equal Employment Opportunity Commission, ‘For me this is not even close to hate speech. What this is that we need more speech, not less speech,’ says Eschilman's attorney, Matthew Whitaker, ‘I think Bob was expressing his deeply held religious beliefs, which are mainstream Christian beliefs, quite frankly. And that that is what is protected.’” [WHO, 7/23/14]
¶ Whitaker Supported Amending The Constitution To Exclude Same-Sex Marriage
While Running For Senate In 2014, Whitaker Told The Des Moines Register He Supported Amending The Constitution To Exclusively Define Marriage As Between A Man And A Woman. According to the Des Moines Register, “TRADITIONAL MARRIAGE: "I believe marriage is between a man and a woman. Right now I see that it is a state issue because it's not covered in the Constitution." He'd support amending the U.S. Constitution to define marriage as exclusively between one man and one woman, he said.” [Des Moines Register, 4/22/14]
¶ As A Federal Prosecutor, Whitaker Prosecuted An Openly Gay Lawmaker Who Was Ultimately Acquitted
2007: As A Federal Prosecutor, Whitaker Opened A Case Against Openly Gay Iowa State Senator Matt McCoy. According to the Des Moines Register, “McCoy is a Democrat. Matthew Whitaker, the U.S. attorney who launched the case, is a Bush-appointed Republican. McCoy is openly gay. Whitaker has ties to the evangelical Christian community. McCoy's lawyers have charged that the grand-jury process resulting in an indictment against McCoy was tainted because prosecutors selectively played jurors portions of taped conversations.” [Des Moines Register, 12/21/07]
The Star Witness For The Prosecution Was Thoroughly Discredited And McCoy Was Acquitted After The Jury Deliberated For Just Two Hours. According to the Des Moines Register, “Which is to say that the federal government's case against an Iowa state senator — a rarity to begin with — was based on the word of a man former associates depicted as a drug user, a deadbeat and an abuser of women; a man so shady even his Alcoholics Anonymous sponsors called him "a pathological liar." Not surprisingly, it took a Des Moines jury less than two hours to acquit McCoy. But even if the outcome is the right one, the outrage is that the federal government would pour two years and all sorts of taxpayer money ($2,600 of which went right into Vasquez's pocket) into building a case over a private business dispute.” [Des Moines Register, 12/21/07]
¶ Lobbying Against American-Made Materials
| In 2013, Whitaker lobbied on behalf of Tyco against a bill requiring materials used in public works contracts to be made in the United States. |
¶ 2013: Whitaker Lobbied For Tyco Against A Bill To Require Steel, Other Materials Used In Public Works Contracts, To be Made In The United States
March 2013: Whitaker Lobbied For Tyco Against SF 420. According to Whitaker’s lobbyist declaration dated March 19, 2013, he lobbied for Tyco against SF 420. [Lobbyist Declarations – Iowa Legislature, accessed 11/15/18]
Bill Would Have Required State And Local Contracts For Public Works Projects To Use American Steel, Iron And Other Materials. According to SF 420, “This bill requires each contract for the construction of a public improvement made by a governmental unit to contain a provision requiring that the iron, steel, and manufactured goods used or supplied in the performance of the contract or any subcontract be manufactured in the United States.” [SF 420 – Iowa State Legislature, accessed 11/15/18]
Bill Carved Out Numerous Exceptions, Including The Possibility That American-Made Materials Would Increase Costs By More Than 5%. According to the Iowa Legislative Services Agency, “Requires each contract for a State or local government public improvement to contain a provision requiring that the iron, steel, and manufactured goods used in the project be manufactured in the United States. The requirement can be waived if implementation will be contrary to public interest, if necessary products are not available in sufficient quantity or quality, or if it will increase the cost by more than 5.0%. Provisions are included for publication of and public comment on the waiver and, for not applying the exclusion to certain foreign countries. The penalty for intentionally misrepresenting products as “Made in America” is exclusion from bidding on future contracts by that person.” [SF 420 – Iowa Legislative Services Agency, 3/18/13]