Foundation for Accountability and Civic Trust‎‎

{{Short description|United States nonprofit}}

{{Infobox organization

| name = Foundation for Accountability and Civic Trust

| formation = {{start date|2012}}

| founder = Ray Wotring

| type = 501(c)(3)

| location = Washington, D.C.

| leader_name = Kendra Arnold

| website = {{URL|https://www.factdc.org}}

}}

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,{{cite news |url=https://www.washingtonpost.com/investigations/conservative-nonprofit-with-obscure-roots-and-undisclosed-funders-paid-matthew-whitaker-12-million/2018/11/20/25ff987e-e9db-11e8-bd89-eecf3b178206_story.html |archive-url=https://web.archive.org/web/20181121150935/https://www.washingtonpost.com/investigations/conservative-nonprofit-with-obscure-roots-and-undisclosed-funders-paid-matthew-whitaker-12-million/2018/11/20/25ff987e-e9db-11e8-bd89-eecf3b178206_story.html |archive-date=November 21, 2018 |title=Conservative nonprofit with obscure roots and undisclosed funders paid Matthew Whitaker $1.2 million |date=November 20, 2018 |newspaper=The Washington Post |first1=Robert |last1=O'Harrow Jr. |first2=Shawn |last2=Boburg |first3=Aaron C. |last3=Davis}} is a Washington, D.C.–based conservative 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.{{Cite news |url=https://www.nytimes.com/2018/11/07/us/politics/whitaker-mueller-trump.html |title=Trump Installs a Critic of the Mueller Investigation to Oversee It |work=The New York Times |date=November 8, 2018 |access-date=2018-11-12 |language=en|last1=Goldman |first1=Adam |last2=Wong |first2=Edward }}{{Cite news |url=https://www.nytimes.com/aponline/2018/11/11/us/politics/ap-us-whitaker-partisan-charity.html |title=Whitaker May Have Violated Group's Tax-Exempt Status |work=The New York Times |access-date=2018-11-12 |language=en}}{{Cite news |url=https://edition.cnn.com/2018/11/09/politics/matthew-whitaker-dark-money/index.html |title=Whitaker ran conservative group funded by dark money |first=Scott |last=Bronstein |work=CNN |access-date=2018-11-12}}{{Cite news |url=https://www.foxnews.com/person/w/matthew-whitaker |title=Matthew Whitaker |date=November 8, 2018 |work=Fox News |access-date=November 8, 2018 |language=en-US}}{{Cite news |url=https://www.politico.com/story/2015/07/conservative-group-calls-for-grayson-ethics-probe-119772 |title=Conservative group calls for Grayson ethics probe |work=POLITICO |access-date=November 8, 2018 |language=en}}

Overview

The conservative group Donors Trust was the source of $500,000 of FACT's revenue in 2015 and $800,000 in 2016.{{Cite news |url=https://www.huffingtonpost.com/entry/matthew-whitaker-foundation-for-accountability-and-civic-trust_us_5be6657ae4b0dbe871ab3433 |title=Matthew Whitaker Led Foundation That May Have Violated Tax-Exempt Status |agency=Associated Press |date=November 10, 2018 |work=Huffington Post |access-date=2018-11-12 |language=en-US}}{{Cite news |url=https://slate.com/news-and-politics/2018/11/matt-whitaker-foundation-accountability-civic-trust-hillary-clinton.html |title=The New Acting Attorney General Was Previously a Dark Money–Funded Clinton Antagonist |last=Zeitlin |first=Matthew |work=Slate Magazine |access-date=2018-11-12 |language=en}} As a 501(c)(3) organization, FACT is not required to disclose donors; however, Charles Koch has acknowledged giving to DonorsTrust. FACT paid Whitaker $1.2 million, with the vast majority of the payments from 2016 to 2017.{{Cite web |url=https://www.cnbc.com/2018/11/21/acting-attorney-general-matthew-whitaker-got-1point2-million-from-non-profit.html |title=Acting Attorney General Matthew Whitaker got $1.2 million from nonprofit |last=Wang |first=Dan Mangan, Christine |date=November 21, 2018 |website=www.cnbc.com |access-date=2018-12-19}}{{Cite web |url=https://www.vice.com/en/article/what-we-know-about-fact-the-conservative-watchdog-that-paid-trumps-ag-dollar12-million/ |title=What we know about FACT, the conservative watchdog that paid Trump's AG $1.2 million |last=Walters |first=Greg |date=2018 |website=Vice News |language=en |access-date=2018-12-19}}

FACT has largely focused on Hillary Clinton{{Cite news |url=https://www.motherjones.com/politics/2018/11/matthew-whitaker-the-new-acting-attorney-general-was-obsessed-with-clintons-emails/ |title=Trump's new acting attorney general was obsessed with Clinton's emails |work=Mother Jones |access-date=November 8, 2018 |language=en-US}} and the email scandal,{{Cite web |url=https://www.theguardian.com/us-news/2018/nov/07/matt-whitaker-jeff-sessions-acting-attorney-general-mueller |title=Matt Whitaker: Sessions's replacement a longtime critic of Mueller inquiry |last=Jacobs |first=Ben |date=November 7, 2018 |website=the Guardian |language=en |access-date=2018-11-12}}{{Cite magazine |url=http://time.com/5448650/matthew-whitaker-acting-attorney-general/ |archive-url=https://web.archive.org/web/20181108110835/http://time.com/5448650/matthew-whitaker-acting-attorney-general/ |url-status=dead |archive-date=November 8, 2018 |title=Meet the Acting Attorney General, a GOP Loyalist From Iowa |magazine=Time |language=en |access-date=2018-11-12}} and other Democratic representatives such as Senator Evan Bayh of Indiana, Representative Patrick E. Murphy of Florida and Representative Ted Strickland of Ohio.{{Cite news |url=https://www.nytimes.com/2018/11/07/us/politics/whitaker-mueller-trump.html |title=Trump Installs a Critic of the Mueller Investigation to Oversee It |work=The New York Times |date=November 8, 2018 |access-date=2018-11-12 |language=en|last1=Goldman |first1=Adam |last2=Wong |first2=Edward }}{{Cite news |url=https://www.newsweek.com/heres-list-democrats-acting-ag-matt-whitaker-wanted-investigate-1206917 |title=Here's a list of Democrats acting AG Matt Whitaker wanted to investigate |date=November 8, 2018 |work=Newsweek |access-date=2018-11-12 |language=en}} FACT lobbied against the confirmation of one-time Supreme Court nominee Merrick Garland, 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.{{Cite news |url=https://www.newsweek.com/heres-list-democrats-acting-ag-matt-whitaker-wanted-investigate-1206917 |title=Here's a list of Democrats acting AG Matt Whitaker wanted to investigate |last=Croucher |first=Shane |date=November 8, 2018 |work=Newsweek |access-date=2018-11-13 |language=en |df=mdy-all}} During his tenure, Whitaker wrote opinion pieces that appeared in USA Today and The Washington Examiner, and appeared regularly on conservative talk-radio shows and cable news.{{Cite news |url=https://www.thedailybeast.com/matthew-whitaker-trumps-new-ag-declared-there-was-no-collusion-between-trump-and-russia |title=Matthew Whitaker, Mueller's New Boss, Said There Was 'No Collusion' With Russia |last1=Woodruff |first1=Betsy |date=November 8, 2018 |work=The Daily Beast |access-date=November 9, 2018 |last2=Tani |first2=Maxwell |language=en |last3=Sommer |first3=Will |df=mdy-all}} In 2017, Whitaker (as executive director) wrote:{{Cite web |url=https://www.factdc.org/single-post/2017/05/03/FACTs-Matthew-Whitakers-Response-to-Hillary-Clinton%E2%80%99s-comments-to-CNN |title=FACT's Matthew Whitaker's Response to Hillary Clinton's comments to CNN {{!}} FACTDC {{!}} Foundation For Accountability & Civic Trust|website=FACTDC {{!}} Foundation For Accountability & Civic Trust|language=en|access-date=2018-11-12}}

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 (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.{{Cite web |url=https://www.theguardian.com/us-news/2018/nov/12/donald-trump-matt-whitaker-chuck-grassley-republicans |title=Trump pick Whitaker rose through ranks as partisan targeting Democrats |last1=Kirchgaessner |first1=Stephanie |last2=Swaine |first2=Jon |date=November 12, 2018 |website=the Guardian |language=en |access-date=2018-11-13}}{{Cite news |url=https://www.politico.com/story/2017/01/ukraine-sabotage-trump-backfire-233446 |title=Ukrainian efforts to sabotage Trump backfire |work=POLITICO |access-date=2018-11-13 |language=en}} Whitaker made the complaint at the direction of the White House.{{Cite web |url=https://www.nybooks.com/daily/2019/01/15/matthew-whitaker-the-ethical-mire-of-trumps-top-law-officer/ |title=Matthew Whitaker: The Ethical Mire of Trump's Top Law Officer |last=Waas |first=Murray |date=January 15, 2019 |website=The New York Review of Books |language=en |access-date=2019-01-15}} FACT acted in close concert with Senator Chuck Grassley, 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.{{Cite news |url=https://thehill.com/homenews/campaign/345892-watchdog-files-fec-complaint-of-dnc-work-with-ukraine |title=Watchdog files complaint alleging DNC worked with Ukraine |last=Swanson |first=Ian |date=August 9, 2017 |work=TheHill |access-date=2018-11-13 |language=en}} As of December 2018 the FEC had given no indication whether it would investigate the issue.{{Cite web |url=https://www.vox.com/2018/12/14/18140744/paul-manafort-trump-russia-mueller-investigation |title=Exclusive: Paul Manafort advised White House on how to attack and discredit investigation of President Trump |last=Waas |first=Murray |date=December 14, 2018 |website=Vox |access-date=2018-12-19}} Chalupa denied any wrongdoing.{{Cite news |url=https://edition.cnn.com/2017/07/14/politics/dnc-contractor-ukraine-alexandra-chalupa-trump/index.html |title=First on CNN: Former DNC contractor denies working with Ukrainian officials |first=Dan |last=Merica |work=CNN |access-date=2018-11-13}}

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.{{Cite news |url=https://morningconsult.com/opinions/environmental-lefts-double-standard-game/ |title=The Environmental Left's Double Standard Game |work=Morning Consult |access-date=2018-11-12 |language=en-US}} Whitaker called the investigation "both unconstitutional and unethical". The investigation has since matured leading to four counts of fraud being filed against ExxonMobil.{{Cite news |url=https://www.nytimes.com/2018/10/24/climate/exxon-lawsuit-climate-change.html |title=New York Sues Exxon Mobil, Saying It Deceived Shareholders on Climate Change |work=The New York Times |date=October 24, 2018 |access-date=2018-11-12 |language=en|last1=Schwartz |first1=John }}{{Cite news |url=https://www.bbc.com/news/business-45971788 |title=Exxon accused of climate change 'fraud' |date=October 24, 2018 |work=BBC News |access-date=2018-11-12 |language=en-GB}}{{Cite news |url=https://insideclimatenews.org/news/24102018/exxon-climate-fraud-lawsuit-new-york-attorney-general-investigation-tillerson |title=New York AG Sues Exxon, Says Oil Giant Defrauded Investors Over Climate Change |date=October 24, 2018 |work=InsideClimate News |access-date=2018-11-12 |language=en}}

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 LLC, which was given $144,000 for research in 2015.{{Cite news |url=http://www.startribune.com/whitaker-may-have-violated-group-s-tax-exempt-status/500241712/ |title=Whitaker may have violated group's tax-exempt status |work=Star Tribune |access-date=2018-11-12}} FACT paid America Rising at least $500,000 for research from 2015 to 2017.{{Cite news |url=https://www.washingtonpost.com/investigations/conservative-nonprofit-with-obscure-roots-and-undisclosed-funders-paid-matthew-whitaker-12-million/2018/11/20/25ff987e-e9db-11e8-bd89-eecf3b178206_story.html |title=Conservative nonprofit with obscure roots and undisclosed funders paid Matthew Whitaker $1.2 million |newspaper=Washington Post |language=en |access-date=2018-11-22}} FACT also had close working relationship with America Rising, sharing information and political communication strategy.{{Cite news |url=https://www.thedailybeast.com/matthew-whitaker-trumps-new-ag-declared-there-was-no-collusion-between-trump-and-russia |title=Matthew Whitaker, Mueller's New Boss, Said There Was 'No Collusion' With Russia |last=Woodruff |first=Maxwell Tani{{!}}Will Sommer{{!}}Betsy|date=November 8, 2018|work=The Daily Beast|access-date=2018-11-12|language=en}} 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, have questioned the status of FACT, saying that the organization may have violated its tax-exempt status.{{Cite news |url=https://www.nytimes.com/aponline/2018/11/11/us/politics/ap-us-whitaker-partisan-charity.html |title=Whitaker May Have Violated Group's Tax-Exempt Status |access-date=2018-11-12 |language=en}} 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.{{Cite web |url=https://www.factdc.org/about |title=FACTDC {{!}} About {{!}} Foundation for Accountability and Civic Trust|website=FACTDC {{!}} Foundation For Accountability & Civic Trust|language=en|access-date=2018-11-12}}{{Cite news |url=http://www.theiowastatesman.com/6403/fact-speaks-polk-county-republican-women |title=FACT Speaks To Polk County Republican Women » The Iowa Statesman |date=April 21, 2017 |work=The Iowa Statesman |access-date=2018-11-12 |language=en-US}}{{Cite news |url=https://www.foxnews.com/person/a/kendra-arnold |title=Kendra Arnold |date=November 12, 2018 |work=Fox News |access-date=2018-11-12 |language=en-US}}

FACT's treasurer was Neil Corkery from 2015 to 2016 whose wife established the Judicial Crisis Network.{{Cite news |url=https://www.arkansasonline.com/news/2018/aug/09/dark-money-group-asks-for-irs-inquiry-i/ |title=Dark-money group asks for IRS to investigate trust steered by central Arkansas congressional candidate |date=August 9, 2018 |work=Arkansas Online |access-date=2018-11-12 |language=en}} Neil Corkery is now treasurer for Public Interest Legal Foundation. Corkey was part of the three person board of directors at FACT including Whitaker.{{Cite news |url=https://www.bloomberg.com/news/articles/2018-11-08/trump-s-top-lawman-cut-teeth-with-partisan-attacks-tv-spots |title=Trump's Top Lawman Cut Teeth With Partisan Attacks, TV Spots |work=Bloomberg }}{{Cite news |url=https://www.huffingtonpost.com/entry/matthew-whitaker-foundation-for-accountability-and-civic-trust_us_5be6657ae4b0dbe871ab3433 |title=Matthew Whitaker Led Foundation That May Have Violated Tax-Exempt Status |agency=Associated Press |date=November 10, 2018 |work=Huffington Post |access-date=2018-11-13 |language=en-US}}

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).{{Cite news |url=http://nymag.com/intelligencer/2018/11/matthew-whitaker-ran-a-chop-shop-of-fake-ethics-complaints.html?gtm=bottom>m=top |title=When Matthew Whitaker Ran 'a Chop Shop of Fake Ethics Complaints' |last=Freedlander |first=David |work=Intelligencer |access-date=2018-11-12 |language=en}} Kendra Arnold worked for Whitaker Hagenow & Gustoff LLP under Matthew Whitaker.{{Cite web |url=https://www.hgllplaw.com/about1-cex6 |title=Hagenow & Gustoff {{!}} Kendra L. Mills Arnold|website=The Law Firm of Hagenow & Gustoff|language=en|access-date=2018-11-12}}

Matthew Whitaker 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 and Judicial Crisis Network, which are organizations associated with Ann and Neil Corkery.{{Cite web |url=https://www.yahoo.com/news/one-accountant-links-whitakers-nonprofit-network-dark-money-groups-224525365.html |title=How one accountant links Whitaker's nonprofit to network of dark money groups |website=www.yahoo.com |language=en-US |access-date=2018-12-19}}

References

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