House Republicans have sent a letter to the Washington attorney general demanding information on an investigation into Leonard Leo and certain nonprofit groups with which he is affiliated.
Mr. Schwalb has been investigating one of Mr. Leo’s seven nonprofits that allegedly paid excessive compensation to one of his for-profit companies.
Months after the liberal Campaign for Accountability accused the conservative activist of benefiting himself with consultancy fees charged to tax-exempt organizations in his network, Mr. Schwalb issued summons to organizations connected to Mr. Leo in late June to discover records as part of an investigation.
“The committees are concerned that your office’s investigation may be improper and politically motivated,” the lawmakers said in their letter to Mr. Schwalb.
They noted that Mr. Schwalb’s probe revealed at least two key problems, one of which was that it seemed as though the attorney general “does not have jurisdiction” due to the fact that Leo and his linked organizations are situated outside of Washington.
“Worse yet, the committees are troubled that your investigation could infringe upon the fundamental rights of donor privacy and free association,” the chairmen added.
“The U.S. Supreme Court has repeatedly affirmed the associational and privacy rights of donors—including the right of Americans to donate anonymously—especially when these rights are threatened by attorneys general who target nonprofit organizations for political reasons. As Justice Harlan made clear in the seminal case on this issue.”
The letter then cited the Supreme Court Case NAACP v. Alabama ex rel. Patterson, where the Court held that: “Effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association.
“It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.”
Documents and correspondence pertaining to Mr. Schwalb’s investigation into Mr. Leo, including any contacts with outside entities, were requested.
The letter presented alarming statistics indicating a notable surge in violent crime within the Washington area for 2023.
The lawmakers urged the attorney general to focus his attention on the rising crime, which they assert merits the law enforcement officer’s attention.
“Instead of using your office’s substantial resources to address these problems, however, your office has reportedly decided to dedicate those resources to a politically motivated probe that ‘creates an unnecessary risk of chilling free speech,” the lawmakers said in their letter, going on to assure the attorney general that the committees represented “will not tolerate any efforts to undermine donor privacy and chill association of American citizens.”
The committees have requested the submission of specific documents and information by Nov. 13, 2023, including all records and communications pertaining to the inquiry into Mr. Leo and various nonprofit organizations linked to him, including The Federalist Society for Law & Public Policy Studies and seven others.
Additionally, the request covers all documents and communications exchanged between the District of Columbia Office of Attorney General and external entities like the Campaign for Accountability concerning Mr. Leo and affiliated organizations.
The Epoch Times has reached out to Mr. Schwalb and The Federalist Society for comment.
