Democrats' opposition research got exposed — this time, not by the Russians

By John Solomon, opinion contributor — 07/11/19 04:30 PM EDT
<https://thehill.com/opinion/campaign/452670-democrats-opposition-research-g
ot-exposed-this-time-not-by-the-russians#bottom-story-socials> 143  



© Getty Images

When the Russians
<https://www.wsj.com/articles/mueller-probe-indicts-12-russians-in-hacking-o
f-democratic-national-committee-1531498286> hacked the Democratic National
Committee in summer 2016, one of the crown jewels obtained by Vladimir
Putin’s team was the party’s opposition research files on then-GOP candidate
Donald Trump.

It was quite a blow to the DNC, because political parties usually guard
their research zealously, hoping to use it with the news media and political
commercials to help ding their political rivals without leaving
fingerprints.

But the Democratic Party committee that helps elects candidates to U.S.
House seats has exposed scores of its own opposition research files on GOP
candidates, past and present, on the internet. They just aren’t easy to
find.

Those Democratic Congressional Campaign Committee (DCCC) files aren’t on web
addresses tied to its official domain,  <https://dccc.org/>
https://dccc.org/. Instead, the research files appear under such arcane URLs
as
<https://www.google.com/search?q=site:http://2vmhfw1isbe32j3tgn3epw3x-wpengi
ne.netdna-ssl.com/%A0>
http://2vmhfw1isbe32j3tgn3epw3x-wpengine.netdna-ssl.com/. To find these
jewels, someone would have to know that cryptic address, or be willing to
scroll through multiple screens of a Google search before it showed up.

Why is this the case?

The DCCC insists it isn’t another hack, nor was it an accidental publishing
of secret files — that it didn’t make a security mistake. Instead, a senior
DCCC official told me it was “an intentional publishing of materials that
aren’t being publicized right now.” 

In other words, the DCCC posted some of its most valuable opposition
research in a way that isn’t exactly accessible unless you know where to
look.

“Sometimes we publish research and polling so it can be helpful,” the
official explained.

To Democratic candidates? I asked.

“Yes,” but then the official immediately clarified: “We take our obligation
to avoid improper coordination very seriously.” 

All this might sound like political gobbledygook to the average reader.

But actually it provides a window into how political parties
<http://www.rollcall.com/issues/57_147/IE-Strategy-Borders-on-Art-Form-21513
8-1.html> craftily perform an end run around federal campaign laws that
limit how much parties can contribute to support candidates directly. Those
laws also outlaw coordination between candidates and their supporters.

The recently finished  <https://www.justice.gov/storage/report.pdf> report
by special counsel  <https://thehill.com/people/robert-mueller> Robert
Mueller, who found no 2016 election collusion between the Trump campaign and
Russia, provides insight on how opposition research files might run afoul of
illegal coordination or contribution limits.

 
<https://www.justsecurity.org/wp-content/uploads/2019/04/Muelller-Report-Red
acted-Vol-I-Released-04.18.2019-Word-Searchable.-Reduced-Size.pdf> Mueller’s
analysis of election statutes concluded there is a legal basis to believe
that “candidate-related opposition research given to a campaign for the
purpose of influencing an election could constitute a contribution” subject
to federal donation limits and bans on coordination.

“A campaign can be assisted not only by the provision of funds, but also by
the provision of derogatory information about an opponent,” Mueller wrote. 

In other words, the DCCC — or any other party’s committees, for that matter
— could run afoul of federal campaign limits and coordination bans if it
privately gave its expensive opposition research directly to candidates.

So the DCCC and some of its GOP counterparts have invented a workaround.

They publish opposition research reports they think can help their
candidates on obscure web addresses, where their candidates can download
them and most voters and Republican rivals are unlikely to see them. 

Party lawyers have concluded the candidates can make use of the research
without claiming they were “contributions” or “coordinated expenditures”
under federal election law because they were posted on a technically public
— albeit little-noticed — website visible in a Google search, according to
sources. 

Republicans and Democrats alike do it, my sources added.

During the last election, the DCCC posted its Republican attack documents
for a while at  <https://www.dccc.org/races> https://www.dccc.org/races, a
place where Democratic candidates knew to look but that wasn’t well
publicized to the public. After the election, the opposition files dropped
off the link.

But the raw documents remained visible in a Google search, thanks to that
obscure server address.  

The currently posted tranche of DCCC documents demonstrates the art of
opposition research, where any action can be portrayed in a negative light —
even when it is perfectly legal.

Take, for example, this headline in the opposition file on House Minority
Whip  <https://thehill.com/people/steve-scalise> Steve Scalise (R-La.):
“Scalise benefitted from the perks of Congress.” To back it up, the memo
says Scalise collected more than $1.8 million in taxpayer money while in
Congress.

That turns out to be the aggregate amount of salary he legally collected as
a congressman,   which begs the question: If it is somehow nefarious for
Scalise to take his congressional salary, what about all the Democrats in
Congress who also collect paychecks? 

Common messaging is another obvious tactic. Several GOP leaders in Congress
— including Scalise, House Freedom Caucus Chairman
<https://thehill.com/people/mark-meadows> Mark Meadows (R-N.C.), and House
Minority Leader  <https://thehill.com/people/kevin-mccarthy> Kevin McCarthy
(R-Calif.) — were branded with the same title on their opposition research
files: “Swamp Creature.”

Clearly, someone on the DCCC opposition research team had the idea of
turning President Trump’s famous “Drain the Swamp” rallying cry around on
GOP lawmakers in 2018.

Rep.  <https://thehill.com/people/devin-nunes> Devin Nunes (R-Calif.), a
favorite target of Democrats during his tenure as House Intelligence
Committee chairman, had an opposition file that didn’t mention anything
about the controversies of the Russia collusion investigation he oversaw.

Instead, his file had revelations such as “Nunes has voted with the
Republican Party 96 percent of the time,” and that he had taken nearly
$400,000 in taxpayer-funded trips over two decades. The first is hardly
surprising, since he rose quickly into House GOP leaders’ trust, enough to
earn the Intelligence Committee perch. Republicans tend to vote with
Republicans.

The second revelation isn’t surprising, either, since members of both
parties on the Intelligence Committee travel frequently at taxpayer expense
to conduct on-the-ground fact-finding about complicated issues they oversee.

In fact, the committee spends upwards of $600,000 a quarter on official
trips, according to its
<http://clerk.house.gov/foreign/reports/2018q2may07.pdf> travel records.
Nunes’ Democratic counterpart, current Chairman
<https://thehill.com/people/adam-schiff> Adam Schiff of California, spent
about $20,000 on  <http://clerk.house.gov/foreign/reports/2018q2may07.pdf>
official trips to Israel, Europe and Asia in the first quarter of 2018
alone.

John Solomon is an award-winning investigative journalist whose work over
the years has exposed U.S. and FBI intelligence failures before the Sept. 11
attacks, federal scientists’ misuse of foster children and veterans in drug
experiments, and numerous cases of political corruption. He serves as an
investigative columnist and executive vice president for video at The Hill.
Follow him on Twitter  <https://twitter.com/jsolomonReports>
@jsolomonReports. 

EM         -> { Trump for 2020 }

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