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Judicial Watch 

Because one above the law! 
May 23, 2008 
Office General Counsel Federal Election Commission 999 Street, N.W. Washington, D.C. 20463 
Re: Complaint against Rep. Nancy Pelosi and the Alliance for Climate Protection 
Dear Sir Madam: 
Judicial Watch non-profit educational foundation dedicated combating government corruption. part its educational mission, Judicial Watch regularly obtains and analyzes information gathered and maintained the Federal Election Commission ("FEC") and other agencies the federal government, and disseminates its findings the public through various educational and outreach programs, including Judicial Watch's website and monthly newsletter. Obtaining, analyzing, and disseminating such information very important part Judicial Watch's educational mission. April 18, 2008, the "We Campaign" launched television advertising campaign that features House Speaker Nancy Pelosi (D-CA) and former House Speaker Newt Gingrich. Speaker Pelosi and former Speaker Gingrich are shown sitting sofa front image the Capitol. Speaker Pelosi first introduces herself "lifelong Democrat." Former Speaker Gingrich then states "lifelong Republican." After introducing themselves, Speaker Pelosi and former Speaker Gingrich state that they disagree many things, but agree the need for curbing climate change. Judicial Watch has prepared the attached transcript for the FEC's convenience. See Exhibit The advertisement can viewed the "We Campaign" website http// The "We Campaign" project the Alliance for Climate Protection ("the Alliance"), District Columbia non-profit corporation that enjoys 501(c)(3) tax exempt status. The Alliance was founded former Vice President Gore, who serves the chairman the Alliance's board directors. 
501 School Street, Suite 725 Washin1?ton, 20024 

Tel: (202) 646-5172 

Fax: (202) 646-5199 
Office General Counsel 
May 23, 2008 Page 
According press release from the Alliance, the advertising campaign was planned "run nationally network and cable channels."1 materials available its website, the Alliance states, with respect its advertising campaign general, that the "broadcast ads will running nationally the networks during prime time and number cable stations."2 has been reported that the advertisement featuring Speaker Pelosi "has run about 300 times national cable networks such Fox News and CNN" since its debut April 2008.3 reasonable conclude that this nationwide distribution included Speaker Pelosi's San Francisco, California district. 
Speaker Pelosi currently candidate for federal office. She seeks retain her seat the U.S. House Representatives and the ballot the June 2008 Democratic primary California. 
Because Speaker Pelosi currently candidate for federal office, Judicial Watch submits that the advertising campaign constitutes "coordinated communication" and, therefore, both campaign contribution the Alliance and campaign expenditure Ms. Pelosi's authorized committee.4 Specifically, the advertisement appears satisfy the definition coordinated communication, that: person (the Alliance) other than the candidate (Speaker Pelosi), her 
authorized committee political party committee, paid for the advertisement, whole

See Exhibit Press Release, "House Speakers Pelosi and Gingrich Come Together Promote Action Climate Change, Campaign Launches Second "Unlikely Alliances" 
Ad" ( %20418-08 .pdf). 
See Exhibit The Alliance for Climate Protection and Campaign: Frequently Asked Questions ( 13e3c8eb7b791 O_rsm6bngbt.pdf). 
See Exhibit Josh Gerstein, "Lawyers Say Featuring Pelosi May Violate Election Law," The New York Sun, May 2008 ( See, e.g., U.S.C.  441a(a)(7); C.F.R.109.1, seq. 

See C.F.R.  109.21(a)(l). 
Office General Counsel May 23, 2008 Page 
the advertisement refers Speaker Pelosi, who clearly identified House candidate, and was publicly distributed otherwise publicly disseminated her jurisdiction days fewer before her primary election;6 
the advertisement was created, produced and distributed the suggestion the Alliance and Speaker Pelosi assented that suggestion, demonstrated her appearance the advertisement; and 
Speaker Pelosi was materially involved decisions regarding the content the advertisement, the intended audience for the advertisement, and/or the means mode the communication, demonstrated her participation the advertisement. 
Based published reports, not believe Speaker Pelosi and/or her authorized committee intend report the cost the advertising campaign expenditure. Specifically, Speaker Pelosi' spokesman has denied coordinating with the Alliance the advertising campaign, although any such assertion would appear belied the advertising campaign itself.9 addition, campaign contribution the Alliance, 50l(c)(3) tax-exempt organization, the advertising campaign would appear violate the ban corporate contributions.10 Given the obvious expense nationwide television advertising campaign, also would appear exceed the $2,300 individual limit primary campaign contributions candidate for federal office. Indeed, the Alliance has said "will spend whatever takes get the job done" and confirms that running "multi-million dollar, national campaign, stretching from coast coast every type media."11 Based public reports, also not believe that the Alliance has filed intends file disclosure reports its contributions, required law.  See C.F.R.  109.21(a)(2) and 109.21(c)(4)(i).  See C.F.R.  109.21(a)(3) and 109.21(e)(l)(ii).  See C.F.R.  109.21(a)(3) and 109.21(e)(2)(i) -(iii).  See Exhibit Fred Lucas, "Pelosi Climate May Have Violated Campaign Laws,  

Experts Say,", May 21, 2009 ( 501(c)(3) tax exempt organization, the Alliance also absolutely prohibited from 
making contributions political candidates. See U.S.C.  501(c)(3). 

See Exhibit supra. 
Office General Counsel 
May 23, 2008 

Judicial Watch harmed the failure Speaker Pelosi, her authorized committee, the Alliance, and any other covered parties file required and accurate FEC disclosure reports, Judicial Watch regularly obtains such information, analyzes it, and disseminates its findings the public part its non-profit, educational mission. behalf Judicial Watch, hereby request investigation into whether Speaker Pelosi, her authorized committee, the Alliance (including its officers, directors, and staff), any other covered parties have violated federal campaign finance laws. The information uncovered this investigation will used Judicial Watch educate the American people about the laws governing our nation's campaign finance system. 
Thank you for your prompt attention this matter. 

Thomas Fitton 
President declare under penalty perjury that the forgoing true the best knowledge and belief. Executed May 23, 2008 Washington, D.C. 

Thomas Fitton 
cc: Internal Revenue Service, Exempt Organizations 


April -May, 2008  
[Speaker Pelosi]:  Hi, I'm Nancy Pelosi, lifelong Democrat and Speaker the House.  
[Speaker Gingrich]:  And, I'm Newt Gingrich, lifelong Republican and used Speaker.  
[Speaker Pelosi]: don't always see eye-to-eye, we, Newt?  
[Speaker Gingrich]:  No, but agree that our country must take action address climate change.  
[Speaker Pelosi]: need cleaner forms energy and need them fast.  
[Speaker Gingrich]: enough demand action from our leaders, can spark the innovation need.  
[Speaker Pelosi]: Together, can this.  


For immediate release: Press Inquiries: 202-295-0125 April 18, 2008 
House Speakers Pelosi and Gingrich Come Together Promote Action Climate Change Campaign Launches Second "Unlikely Alliances" 
Menlo Park, -Today, the campaign announced the launch the second their series "Unlikely Alliances" ads, which House Speaker Nancy Pelosi (D-CA) and fonncr Speaker Newt Gingrich (R-GA) discuss their shared interest seeing the American public and elected officials work together address climate change. 
The "Unlikely Alliances" series adve1iisements key component the campaign, multi-year, multifaceted effort designed ignite public movement solve the climate crisis. The will run nationally network and cable channels. this installment, Speakers Pelosi and Gingrich argue that people with different political affiliations must join together order make addressing climate change top priority. Speaker Gingrich says the ad, and 
Speaker Pelosi not always see eye eye, but they "agree our country must take action address climate change." 
"We need cleaner fonns energy, and need them fast," Pelosi responds. 
"If enough demand action from our leaders," Gingrich concludes, "we can spark the innovation need." 
Alliance for Climate Protection CEO Cathy Zoi noted, "By bringing together top Republicans and Democrats, are demonstrating both the American public and lawmakers that can and must overcome paiiisan differences solve the climate crisis. have the technological solutions hand, but right now lack the political will. Addressing the urgent challenge climate change requires more the spirit shown Speakers Pelosi and Gingrich." 

The first Alliances" released April 10, featured the Revs. Pat Robertson and Sharpton sitting couch Virginia beach. Despite being polar opposites many issues, the faith community leaders say, they "agree one thing": taking care our planet. 
The campaign kicked off April with the launch the "Anthem" and the announcement that several major national organizations, including the Girl Scouts America, the United Steelworkers union, the National Audubon Society well other conservation, social justice and religious groups, would joining the campaign help engage their members across the country. The campaign aiming sign million climate activists over the next three years. 
Commenting the breadth the campaign effort, Zoi said, "We will only solve the climate crisis when Americans all stripes come together and demand our leaders make priority. must take action now and standing together, can make happen." 
For more information and view the ad, please visit .w.w. 
About the the Alliance for Climate Protection: 
The campaign project the Alliance for Climate Protection. Unprecedented scale for public policy issue, the Alliance's campaign draws from the best practices successful commercial, social marketing and political campaigns. The campaign combines advertising, online organizing and partnerships with diverse and growing group grassroots organizations, educate the American public the urgent need solve the climate crisis and activate them demand real solutions from elected officials. The Alliance for Climate Protection 501 c)(3) organization founded 2006 former Vice President Gore, who currently serves the chairman the bipartisan board directors. Building the momentum the Academy Award winning film, "An Inconvenient Truth," the Alliance engages individuals, communities, corporations and governments across the world take action quickly reduce their own greenhouse pollution and demand action from their political, business and community leaders enact policies that will sharply reduce emissions. 

The Alliance for Climate Protection and Campaign: 

What the Alliance for Climate Protection? 
Founded 2006 Former Vice President Gore, the Alliance for Climate Protection unique singlepurpose organization committed igniting public action help solve the climate crisis. 
What the campaign? 
The campaign nationwide effort engage and mobilize the American people come together and call for solutions climate change. The campaign unprecedented commercial-scale, mainstream mobilization effort designed bring public opinion past the tipping point and convince elected leaders 
take bold action. 
This three-year effort will combine the best practices successful commercial marketing and issueadvocacy efforts. supplements and supports the ongoing work other organizations but unique its 
scale and breadth. 
Why now? 
The international scientific community agrees that have only short time act order for the next generation inherit healthy planet. But while public awareness climate change high, sense 
urgency and understanding the solutions remain low. 
Without major push from the public solve the climate crisis, elected leaders will not address the issue domestically, and negotiation effective international treaty will impossible. 
How will the campaign reach millions Americans? 
Through robust advertising campaign, cutting-edge online and grassroots activation, and partnerships 
with mainstream civic and religious organizations. The campaign will reach people who may never have thought about climate change before, who are familiar with the issue but have never taken action. 
The campaign will engage the public three levels order motivate millions Americans demand real solutions the climate crisis: 
 multimillion dollar, national campaign, stretching from coast coast every type media. 
Cutting-edge line engagement and activation, providing opportunities for citizens get and stay involved. 
Partner organizations that will work across the political spectrum reach people their day-to-day lives. 
Over the next three years, the Alliance will enlist unprecedented million citizens climate activists and give them the tools change their own lives and urge elected leaders change our climate policy. 
How the campaign different from previous efforts? 
The campaign unprecedented among issue-advocacy efforts. The ads were created and are managed The Martin Agency, responsible for award-winning campaigns for GEICO, UPS and many others. 
The initial phase the campaign will call for American unity and leadership the climate issue. Subsequent installments will reinforce the message that must come together across traditional partisan and ideological lines solve the problem, and will then move discussion specific solutions. 
Where are the ads running? 
The advertising centered three categories: news, entertainment and life solutions. The broadcast ads will running nationally the networks during primetime and number cable stations. The print campaign will running wide variety publications, including Newsweek, Men's Health, Real Simple, Ebony, Scientific American, Wired, Family Fun and People. There will significant advertising presence the Web well. 
How much money the Alliance spending advertising? 
The Alliance will spend whatever takes get the job done. Advertising will significant portion this effort but means the only focus our campaign. 
How will the campaign use the Internet and existing social and advocacy networks? 
The line and grassroots components the campaign will provide opportunities for individuals get and stay involved ways that make sense for them. Our cutting-edge online organizing and activation effort will give people spectrum activities keep them engaged the issue, from taking action their personal lives working their schools and communities joining calls for government action all levels. 
The campaign will capitalize the "network effect" -getting the word out through ready-to-use 
content and social media that enable communities and individuals engage the issue, spread the word 
and become local champions. 
Who the Alliance partnering with for the campaign? 
The Alliance forming partnerships with mainstream civic and religious organizations like the Girls Scouts, 
the United Steelworkers union, the Audubon Society and other civic, conservation, religious and social 
justice organizations. These organizations will spread the help educate and activate the public through 
their membership networks. addition seeing our ads magazines and their favorite Web sites, people will come into contact 
with our message when they engage activities ranging from attending religious services volunteering 
with their children -helping build support and momentum for our effort. 
Aren't the solutions the climate crisis going come from specific federal legislation? 
The campaign not about supporting particular bill resolution. about stimulating cultural 
shift around this issue. Unfortunately, our leaders won't take the bold steps necessary until the American 
people demand real change. The campaign designed catalyze this shift public awareness and 
Won't solving the climate crisis too expensive? 
No. Embracing the solutions the climate crisis tapping the entrepreneurial spirit the American people will stimulate tremendous growth the clean technologies and industries that have hand today. will not only saving the planet, but ensuring American workers benefit from the accompanying economic opportunities. nothing, the other hand, the economic costs will profound. Unchecked climate change will fundamentally alter weather patterns, lead scarcity resources and profoundly disrupt the global economy. nation, cannot allow that happen. possible that the campaign will compete with other environmental endeavors? 
There doubt that there are many effective players fighting the climate battle all levels. From legal efforts block the construction new coal plants, drives state legislatures for renewable portfolio standards, comprehensive congressional climate legislation, these players are waging the ground war climate every day. 
These efforts are critical. But what has consistently been missing massive and sustained national effort engage the public and mobilize the energy the American people. The campaign such effort. 
Who funding the Alliance? 
The Alliance's initial funding was provided the group's founder, Gore, and has since received additional support the form private donations from those concerned about solving the climate crisis. 


Lawyers Say Featuring Pelosi May Violate Election Law -May 2008 -The New York Sun Page 

Section: National> Printer-Friendly Version 

I-'awyers Say Feat11ring Pelosi May Violate Election Law JOSH Staff Reporter the Sun May 2008 TELEVISION WHICH THE SPEAKER THE HOUSE, NANCY AND FORMER SPEAKER, WARN 
about the dangers climate change may violate federal election law, according two campaign finance lawyers. 
The spot, which shows Ms. Pelosi and Mr. Gingrich seated couch 
front the Capitol, being questioned because the California Democrat 
faces primary election June her Francisco district. 
"It's prohibited," Republican campaign finance lawyer, Jan said. said the constitutes "coordinated" expenditure behalf Ms. Pelosi's campaign the group sponsoring the ad, the Alliance for Climate Protection. Any that sort distributed candidate's district within days congressional primary general election deemed campaign donation, Mr. Baran said. 
"She's the ad. That means it's coordinated," Republican attorney who battles overturn campaign finance laws, Jr., said. "I'm guy 
that specializes loopholes. don't know any loopholes." 
The has run about 300 times national cable networks such Fox News and CNN since its debut last month, according Evan Tracey TNS Media Intelligence, monitoring firm. 
"It even had network airings," said. 
The Alliance, which was founded Vice President Gore and funded part his Nobel Peace Prize award, nonprofit corporation organized the District Columbia and headquartered Menlo Park, Calif. Most corporations are barred from making donations federal campaigns. According Mr. Bopp, even unincorporated group would limited single $2,300 gift for the primary. "This doubt way over $2,300," said. The could also trigger requirement for Mr. Gore's group report publicly its donors, campaign finance lawyers said. 
RAVEENDRAN/2008AFP response questions about the legality the ad, spokesman for Ms. 
Pelosi put some distance between the speaker and the ad's sponsors. "We 
were pleased participate the Alliance's nonpartisan effort climate protection," the aide, Drew Hammill, said e-mail 
statement. "We didn't coordinate with the Alliance and trusted they would run the only where was proper and legal." spokesman for the Alliance, Brian Hardwick, defended the legality the ad. "This clearly nonpartisan issue that has call action the public climate change," said. "We are confident that this compliance with all rules." The two speakers' ran few times this week but currently not scheduled run again, according the Alliance. 
Lawyers said the rules apply, regardless whether the ads are intended aid the campaign. "The reformers including Speaker 4919551121 5/23/2008 Lawyers Say Featuring Pelosi May Violate Election Law -May 2008 -The New York Sun Page 
Pelosi insisted this blanket prohibition," Mr. Baran said. "Well-meaning ads still violate the statute." 
"Pelosi has been big cheerleader all this," Mr. Bopp added. "I've been arguing that these rules were going entangle member Congress when they're simply doing their job working with nonprofit group. Well, here is." 
Mr. Gore's group and Ms. Pelosi may soon find themselves adopting arguments conservatives have long made against the federal rules. "The only defense has got that it's unconstitutional," Mr. Baran said. San Francisco real estate agent who favors the impeachment President Bush and Vice President Cheney, Shirley Golub, challenging Ms. Pelosi the primary. 4919551121 5/23/2008 


Pelosi Climate May Have Violated Campaign Laws, Experts Say 
Fred Lucas 
Staff Writer 
( -Speaker the House Nancy Pelosi (D-Calif.) may have inadvertently violated federal campaign finance laws appearing with Newt Gingrich television commercial that ran her district less than month before contested primary, according campaign finance experts. April the commercial began airing nationwide. featured Pelosi sitting sofa with Gingrich, former Republican House speaker, front image the U.S. capitol. They both introduced themselves and said they disagreed many things but agreed the need for curbing climate change. The was paid for former Vice President Gore's non-profit group, the Alliance for Climate Protection. 
Under the Bipartisan Campaign Reform Act 2002 -popularly known "McCain-Feingold" and which passed with Pelosi's support --the degree which candidate's campaign can work with independent group for 
commercial limited. The rules are set content and conduct for any 
political commercial. Content rules can apply the use candidate's 
name, for instance, while conduct determined what role the candidate 
had, any, planning the production the commercial. candidate found have helped plan run independent group and the mentions the candidate's name, could against the law. 
"She made material contribution the just being herself," Steve Weismann, associate director policy for the non-partisan Campaign Finance Institute, told Cybercast News Service "If you mention someone days before primary, convention caucus, would fulfill what they call the content part coordination." 
Pelosi's spokesman denied coordinating the with the Alliance for Climate Protection, and said Gore's group made the decisions when and where run the ad. 
"We were pleased participate the Alliance's non-partisan effort 
climate protection," Pelosi spokesman Drew Hamill said statement. 
"We didn't coordinate with the Alliance and trusted they would run the 
only where was proper and legal." 

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The Alliance for Climate Protection announced the ads would start running  Penny Apr. 18. The last ran May according Evan Tracey, chief  5/23 /2008  

operating officer the Campaign Media Analysis Group, division the advertising-monitoring firm TNS Media Intelligence. The ran total 253 times, almost entirely the three cable news stations, Tracey said. 
CNN spokeswoman Debra McBride confirmed Friday that the first ran April and ran last May the news channel. 
The last run date the came less than days before the June Democratic primary California where Pelosi faces primary challenge from San Francisco real estate agent Shirley Golub, who demanding that Pelosi end the war and impeach President Bush. Golub declined comment this matter, saying she did not have campaign attorney. 
"It didn't look like was effort help the candidate," Weissman said. "If Nancy Pelosi running and someone happens see her district, it's pro-Nancy Pelosi ad. does have potential election reference and all those ads have disclosed the person spending the money produce the ad. There exemption for this kind public service ad." 
Judicial Watch will file complaint the Federal Election Commission 
about the commercial, said Tom Fitton, president the conservative 
watchdog group. said that even the was not intended skirt 
campaign finance laws, resulted skirting those laws. 
"Those who are this business ought know what the rules are," Fitton 
told Cybercast News Service "It's major issue have candidates 
appearing ads for any reason. You've had these issues argued before the 
Supreme Court. She knew should have known the ads would raise legal 
questions." spokesman with the Alliance for Climate Protection declined comment this story for But spokesman for the group told The New York Sun May that the was non-partisan, and said the group was confident didn't violate any federal laws. not likely that Pelosi violated the electioneering communications 
provision, said James Bopp, Republican and campaign finance lawyer. 
But does not doubt that the violated the coordinating provision the 
law. referenced Pelosi's statement that the Alliance for Climate Protection 
decided when and where run the ad. 
"The Pelosi camp was equally responsible and equally liable for violations running the ad. They can't pass the buck the Gore camp," Bopp, who was the lead attorney case that weakened provision the 2002 law electioneering communications, told Cybercast News Service "She can't hide behind willful ignorance. was extensively broadcast." 
The problem, Bopp stressed, the law itself, which opposed court. arguing the case, said that politicians would likely get ensnared situations such this: whether not the intent was for campaign purposes. 
"This campaign multi-million dollar illegal contribution this 
woman's reelection campaign because it's what they call coordinated expenditure," said Bopp. 
Pelosi strongly supported the Bipartisan Campaign Reform Act 2002 that banned soft money contributions, while restricting the political advocacy independent groups. Proponents the bill said would clean politics from the influence big money, while critics feared violated the First Amendment. Feb. 2002 statement before the bill was passed, Pelosi said, vote for real campaign finance reform will end the corrosive influence special interest money and level the playing field that all Americans can participate." 
It's interesting example politicians getting caught election laws, said Anthony Corrado, political science professor Colby College Waterville, Maine, who helped develop the plan that would later become McCain-Feingold. 
"It's clearly unintentional," Corrado told Cybercast News Service "If there was coordination, then would have considered in-kind 
contribution the campaign." 
Gingrich spokesman Rick Tyler rejected the idea that the commercial was 
intended advance Pelosi's reelection. 
"The idea that Nancy Pelosi would use Newt Gingrich for her reelection 
campaign San Francisco beyond laughable," Tyler told Cybercast 
News Service want laugh just talking you, it's funny. I'm quite 
certain she had thought that, she might have reconsidered the ad. I'm 
not sure her district that joint appearance with Newt Gingrich would 
work her benefit." 
Make media inquiries request interview about this article. 
E-mail comment news tip Fred Lucas 
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