Foundation for Accountability and Civic Trust (FACT), formerly the Free Market American Educational Foundation, Foundation for Accountability and Civic Trust and Working for Rights to Express & Communication,
is a Washington,DC-based
conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
nonprofit organization specializing in advocacy regarding legal and ethical issues related to politics. Until 2017, it was run by the former Acting United States Attorney General
Matthew Whitaker
Matthew George Whitaker (born October 29, 1969) is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President D ...
.
Overview
The conservative group
Donors Trust was the source of $500,000 of FACT's revenue in 2015 and $800,000 in 2016.
As a 501(c)(3) organization, FACT is not required to disclose donors; however,
Charles Koch
Charles de Ganahl Koch ( ; born November 1, 1935) is an American billionaire businessman. As of November 2022, he was ranked as the 13th richest person in the world on ''Bloomberg Billionaires Index'', with an estimated net worth of $66 billio ...
has acknowledged giving to DonorsTrust.
FACT paid Whitaker $1.2 million, with the vast majority of the payments from 2016 to 2017.
FACT has largely focused on Hillary Clinton and the
email scandal,
and other Democratic representatives such as Senator
Evan Bayh
Birch Evans Bayh III ( ; born December 26, 1955) is an American lawyer, lobbyist, and Democratic Party politician who served as a United States senator from Indiana from 1999 to 2011 and the 46th governor of Indiana from 1989 to 1997.
Bayh ...
of Indiana, Representative Patrick E. Murphy of Florida and Representative Ted Strickland of Ohio.
FACT lobbied against the confirmation of one-time Supreme Court nominee
Merrick Garland
Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
, and filed an FEC complaint against Democratic voter data firm Catalist in 2015.
Despite claiming to be nonpartisan, the organization called for ethics investigations into or filed complaints about forty-six different Democratic politicians, officials, and organizations, compared to only a few Republicans. During his tenure, Whitaker wrote opinion pieces that appeared in ''
USA Today
''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgi ...
'' and ''
The Washington Examiner
The ''Washington Examiner'' is an American conservative news outlet which consists principally of an online/digital website with a weekly magazine, based in Washington, D.C. It is owned by MediaDC, a subsidiary of Clarity Media Group, which is ...
'', and appeared regularly on conservative talk-radio shows and cable news. In 2017, Whitaker (as executive director) wrote:
The most disturbing aspect of Hillary Clinton’s continued blame game is that she still doesn’t think there was anything wrong with recklessly handling highly sensitive and classified information, intentionally instructing her staff to do the same and then lying to the entire world about it at the United Nations of all places.
In addition, FACT filed a complaint in August 2017 with the
Federal Election Commission
The Federal Election Commission (FEC) is an independent regulatory agency of the United States whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the Federal Election Cam ...
(FEC) against the
Democratic National Committee (DNC) and Alexandra Chalupa, a consultant working for the DNC who had been investigating
Paul Manafort and Donald Trump's ties to Russia.
Whitaker made the complaint at the direction of the White House. FACT acted in close concert with Senator
Chuck Grassley
Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. In 2022, h ...
, who also made a complaint with the DOJ. FACT's complaint was based on the claim that Chalupa had met with Ukrainian officials in an effort to expose ties among Trump, Manafort, and Russia. As of December 2018 the FEC had given no indication whether it would investigate the issue. Chalupa denied any wrongdoing.
In 2016, Whitaker defended
ExxonMobil as the executive director of FACT when the Attorneys General United for Clean Power Coalition started their investigation into the firm for not disclosing climate change risks.
Whitaker called the investigation "both unconstitutional and unethical".
The investigation has since matured leading to four counts of fraud being filed against ExxonMobil.
In 2018, FACT scrutinised a pro Rick Scott
Political action committee.
FACT has paid outside Republican firms to perform some of its work. One such firm is
America Rising America Rising is a United States political action committee (PAC) that produces opposition research on Democratic Party members. It has been called the “unofficial research arm of the Republican Party” by the ''Wall Street Journal''.
Organi ...
LLC, which was given $144,000 for research in 2015. FACT paid America Rising at least $500,000 for research from 2015 to 2017.
FACT also had close working relationship with America Rising, sharing information and political communication strategy. The foundation last year paid $134,119 to
Creative Response Concepts, a conservative political public relations company and has paid a total of $500,000 to the agency.
Some experts such as Daniel Borochoff, president of
CharityWatch
CharityWatch, formerly known as the American Institute of Philanthropy (AIP), is a 501(c)(3) nonprofit organization in Chicago, created in the United States by Daniel Borochoff in 1992, to provide information about charities' financial efficiency ...
, have questioned the status of FACT, saying that the organization may have violated its tax-exempt status.
FACT has called for ethical investigations or filed complaints against over 46 individuals or organizations, the vast majority of whom are either Democrats or associated with Democratic causes.
Personnel
Kendra Arnold is currently the executive director; previously, she was the general counsel.
FACT's treasurer was Neil Corkery from 2015 to 2016 whose wife established the
Judicial Crisis Network.
Neil Corkery is now treasurer for
Public Interest Legal Foundation
The Public Interest Legal Foundation (PILF) is an American conservative legal group based in Alexandria, Virginia, which is known for suing states and local governments to purge voters from election rolls. The nonprofit was constituted in 2012.
...
. Corkey was part of the three person board of directors at FACT including Whitaker.
William (Bill) Gustoff serves on the board of directors of FACT and was a former law partner of Matthew Whitaker for Whitaker Hagenow & Gustoff LLP (which changed its name later to Hagenow & Gustoff LLP and Hagenow Gustoff & Karas LLP). Kendra Arnold worked for Whitaker Hagenow & Gustoff LLP under Matthew Whitaker.
Matthew Whitaker
Matthew George Whitaker (born October 29, 1969) is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President D ...
was executive director from October 2014 to September 2017.
James Crumley has been a director.
Noah Wall was a director in 2014.
Thomas Raymond Conlon has managed the tax returns of FACT. He is also responsible for other prominent groups such as
American Conservative Union
The American Conservative Union (ACU) is an American political organization that advocates for conservative policies, ranks politicians based on their level of conservatism, and organizes the Conservative Political Action Conference. Founded on ...
and
Judicial Crisis Network, which are organisations associated with Ann and Neil Corkery.
References
External links
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{{Use mdy dates, date=April 2019
Legal organizations based in the United States
Legal education in the United States
Organizations established in 2014
Conservative organizations in the United States