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An Ethics Watchdog Criticized Stacey Abrams. His Boss Retracted It. An Ethics Watchdog Criticized Stacey Abrams. His Boss Retracted It.
(32 minutes later)
Craig Holman, a campaign finance and ethics expert, has long talked to reporters about issues of money, politics and conflicts of interest. His tart quotes often waft into the digital ether without further notice.Craig Holman, a campaign finance and ethics expert, has long talked to reporters about issues of money, politics and conflicts of interest. His tart quotes often waft into the digital ether without further notice.
That changed last week, when he criticized Fair Fight Action, a politically powerful voting rights group, and its founder, Stacey Abrams, who happens to be running for governor of Georgia. Mr. Holman’s boss took notice.That changed last week, when he criticized Fair Fight Action, a politically powerful voting rights group, and its founder, Stacey Abrams, who happens to be running for governor of Georgia. Mr. Holman’s boss took notice.
The comments came after Politico reported that Fair Fight Action had spent more than $22 million in 2019 and 2020 on a largely unsuccessful voting rights lawsuit charging that Georgia’s elections process had “serious and unconstitutional flaws.” The largest chunk of fees — $9.4 million — went to a law firm run by the campaign chairwoman for Ms. Abrams, Allegra Lawrence-Hardy.The comments came after Politico reported that Fair Fight Action had spent more than $22 million in 2019 and 2020 on a largely unsuccessful voting rights lawsuit charging that Georgia’s elections process had “serious and unconstitutional flaws.” The largest chunk of fees — $9.4 million — went to a law firm run by the campaign chairwoman for Ms. Abrams, Allegra Lawrence-Hardy.
The Abrams campaign, Fair Fight Action and Ms. Lawrence-Hardy denied a conflict of interest.The Abrams campaign, Fair Fight Action and Ms. Lawrence-Hardy denied a conflict of interest.
But Politico asked Mr. Holman, who works for Public Citizen, an advocacy group founded by Ralph Nader, about this arrangement.But Politico asked Mr. Holman, who works for Public Citizen, an advocacy group founded by Ralph Nader, about this arrangement.
“It is a very clear conflict of interest,” Mr. Holman said, because it “provides an opportunity where the friend gets particularly enriched from this litigation.”“It is a very clear conflict of interest,” Mr. Holman said, because it “provides an opportunity where the friend gets particularly enriched from this litigation.”
He added, “The outcome of that litigation can directly affect her campaign itself.”He added, “The outcome of that litigation can directly affect her campaign itself.”
The day the article appeared, an official with Fair Fight Action complained to Public Citizen, according to both groups. The next day, Public Citizen retracted Mr. Holman’s statement, writing that its organizational position was “that the contractual arrangement described in the story is normal and non-objectionable. It raises no legal or ethical concerns.”The day the article appeared, an official with Fair Fight Action complained to Public Citizen, according to both groups. The next day, Public Citizen retracted Mr. Holman’s statement, writing that its organizational position was “that the contractual arrangement described in the story is normal and non-objectionable. It raises no legal or ethical concerns.”
Public Citizen then congratulated Fair Fight Action for “heroic work” in protecting the vote and stated it was “proud to partner with them.” This partnership, Public Citizen officials said, was unofficial and not financial.Public Citizen then congratulated Fair Fight Action for “heroic work” in protecting the vote and stated it was “proud to partner with them.” This partnership, Public Citizen officials said, was unofficial and not financial.
Mr. Holman did not agree with the new stance.Mr. Holman did not agree with the new stance.
“It is not a retracted quote,” Mr. Holman told The New York Times. “There was a disagreement between Public Citizen and myself. I stand by my quote.”“It is not a retracted quote,” Mr. Holman told The New York Times. “There was a disagreement between Public Citizen and myself. I stand by my quote.”
The internal dispute and the voting rights lawsuit stem from a taut and bitterly contested election. In 2018, Ms. Abrams lost a close campaign for governor to Brian Kemp and refused to concede. She said “democracy failed Georgia” and insisted it was not “a free and fair election” and acknowledged only that Mr. Kemp had recorded the win.The internal dispute and the voting rights lawsuit stem from a taut and bitterly contested election. In 2018, Ms. Abrams lost a close campaign for governor to Brian Kemp and refused to concede. She said “democracy failed Georgia” and insisted it was not “a free and fair election” and acknowledged only that Mr. Kemp had recorded the win.
“This is not a speech of concession,” she said, “because concession means to acknowledge an action is right, true or proper.”“This is not a speech of concession,” she said, “because concession means to acknowledge an action is right, true or proper.”
She founded Fair Fight Action to fight voter suppression, and the organization filed suit, saying it would prove state officials and Mr. Kemp had trampled on voters’ rights. This case, they said, would give voice to thousands of disenfranchised voters and reveal discriminatory barriers to voting reminiscent of the Jim Crow era.She founded Fair Fight Action to fight voter suppression, and the organization filed suit, saying it would prove state officials and Mr. Kemp had trampled on voters’ rights. This case, they said, would give voice to thousands of disenfranchised voters and reveal discriminatory barriers to voting reminiscent of the Jim Crow era.
Disappointment lay ahead for Ms. Abrams and Fair Fight Action. U.S. District Court Judge Steve Jones, who was appointed by President Barack Obama, dismissed large sections of the lawsuit before the trial began.Disappointment lay ahead for Ms. Abrams and Fair Fight Action. U.S. District Court Judge Steve Jones, who was appointed by President Barack Obama, dismissed large sections of the lawsuit before the trial began.
His final opinion was unsparing: “Although Georgia’s election system is not perfect, the challenged practices violate neither the Constitution” nor the Voting Rights Act, Judge Jones wrote in a 288-page opinion.His final opinion was unsparing: “Although Georgia’s election system is not perfect, the challenged practices violate neither the Constitution” nor the Voting Rights Act, Judge Jones wrote in a 288-page opinion.
Georgia’s election laws are not “flawless,” he wrote, but “the burden on voters is relatively low,” and Fair Fight Action did not provide “direct evidence of a voter who was unable to vote, experienced longer wait times, was confused about voter registration status.”Georgia’s election laws are not “flawless,” he wrote, but “the burden on voters is relatively low,” and Fair Fight Action did not provide “direct evidence of a voter who was unable to vote, experienced longer wait times, was confused about voter registration status.”
Ms. Lawrence-Hardy, whose firm is based in Atlanta, defends Fortune 100 clients and represents management in labor and employment matters. She also handles some voting rights cases. She did not respond to requests for an interview, but she and Fair Fight Action officials have pointed to gains from their lawsuit, including getting Georgia officials to reinstate 22,000 voters and to use a federal database to verify citizenship of new voters.Ms. Lawrence-Hardy, whose firm is based in Atlanta, defends Fortune 100 clients and represents management in labor and employment matters. She also handles some voting rights cases. She did not respond to requests for an interview, but she and Fair Fight Action officials have pointed to gains from their lawsuit, including getting Georgia officials to reinstate 22,000 voters and to use a federal database to verify citizenship of new voters.
Mr. Holman of Public Citizen saw the problem this way: Ms. Abrams had raised tens of millions of dollars from donors across the country, which allowed Fair Fight Action to prosecute a lawsuit that could help her next run for office.Mr. Holman of Public Citizen saw the problem this way: Ms. Abrams had raised tens of millions of dollars from donors across the country, which allowed Fair Fight Action to prosecute a lawsuit that could help her next run for office.
He credited Ms. Abrams, who is no longer affiliated with the group, with distancing herself from the legal case. She remained the chair of Fair Fight Action through the autumn of 2021, but she declined to sit in the visitor’s gallery and offered no comment during the trial. But the role of her campaign chairwoman, Ms. Lawrence-Hardy, was another matter, he said.He credited Ms. Abrams, who is no longer affiliated with the group, with distancing herself from the legal case. She remained the chair of Fair Fight Action through the autumn of 2021, but she declined to sit in the visitor’s gallery and offered no comment during the trial. But the role of her campaign chairwoman, Ms. Lawrence-Hardy, was another matter, he said.
“Abrams should have taken the extra step and divorced herself from keeping this person as her chairwoman,” Mr. Holman said.“Abrams should have taken the extra step and divorced herself from keeping this person as her chairwoman,” Mr. Holman said.
His boss, Robert Weissman, the president of Public Citizen, disagreed. “I think that Craig made a mistake,” he said in an interview. “Our take is that he characterized something as a conflict that is not. Hiring someone you know as your counsel is very common and not problematic.”His boss, Robert Weissman, the president of Public Citizen, disagreed. “I think that Craig made a mistake,” he said in an interview. “Our take is that he characterized something as a conflict that is not. Hiring someone you know as your counsel is very common and not problematic.”
Jason Torchinsky, a Republican election lawyer in Washington, also defended Ms. Lawrence-Hardy. “I don’t see it,” he said of the conflict of interest. “It’s grasping at straws.”Jason Torchinsky, a Republican election lawyer in Washington, also defended Ms. Lawrence-Hardy. “I don’t see it,” he said of the conflict of interest. “It’s grasping at straws.”
But Mr. Torchinsky, like nearly every lawyer contacted for this article, questioned the mountainous legal bills accrued in the case.But Mr. Torchinsky, like nearly every lawyer contacted for this article, questioned the mountainous legal bills accrued in the case.
“I was just stunned,” Mr. Torchinsky said. “That is a shockingly large amount of money for this sort of work.”“I was just stunned,” Mr. Torchinsky said. “That is a shockingly large amount of money for this sort of work.”
A. Lee Parks Jr. is an Atlanta-based lawyer who has handled voting rights and civil rights cases, including a case that went to the U.S. Supreme Court and for which he got paid $1 million in the 1990s.A. Lee Parks Jr. is an Atlanta-based lawyer who has handled voting rights and civil rights cases, including a case that went to the U.S. Supreme Court and for which he got paid $1 million in the 1990s.
“The line between a campaign and Fair Fight Action is a blurred one, and for the campaign manager to receive that kind of money is troubling,” he said. “The line between a campaign and Fair Fight Action is a blurred one,” he said, adding that for the campaign chairwoman to receive that kind of money is troubling.
Kathleen Clark, a professor at Washington University Law School and a legal ethicist, said it is difficult to separate the case and questions of conflict from the enormous legal bills. “There are legitimate questions about why it cost so much,” she said.Kathleen Clark, a professor at Washington University Law School and a legal ethicist, said it is difficult to separate the case and questions of conflict from the enormous legal bills. “There are legitimate questions about why it cost so much,” she said.
Fair Fight Action officials gave The New York Times a partial accounting of legal costs. In 2019 and 2020, the organization stated, it paid more than $22 million to four law firms. The organization offered no estimated legal costs for 2021 and 2022, a time in which the case was tried in court.Fair Fight Action officials gave The New York Times a partial accounting of legal costs. In 2019 and 2020, the organization stated, it paid more than $22 million to four law firms. The organization offered no estimated legal costs for 2021 and 2022, a time in which the case was tried in court.
Fair Fight Action officials said that the fees were not only fair but that lawyers, including Ms. Lawrence-Hardy, “actually lost money working on this case.” Ms. Lawrence-Hardy offered a discount, they said, “because she believes deeply in the cause of protecting voting rights.”Fair Fight Action officials said that the fees were not only fair but that lawyers, including Ms. Lawrence-Hardy, “actually lost money working on this case.” Ms. Lawrence-Hardy offered a discount, they said, “because she believes deeply in the cause of protecting voting rights.”
The Georgia government paid $6 million to the law firms that defended the state in the case. Georgia has so far witnessed record turnout in early voting in 2022.The Georgia government paid $6 million to the law firms that defended the state in the case. Georgia has so far witnessed record turnout in early voting in 2022.
Fair Fight Action officials said a recent unfavorable decision by the U.S. Supreme Court has made voting rights lawsuits more complicated and costlier. They conceded, however, that the Supreme Court decision in question came in 2021, after the listed fees were incurred.Fair Fight Action officials said a recent unfavorable decision by the U.S. Supreme Court has made voting rights lawsuits more complicated and costlier. They conceded, however, that the Supreme Court decision in question came in 2021, after the listed fees were incurred.
Xakota Espinoza, a Fair Fight Action spokeswoman, also sent a statement to The New York Times regarding Ms. Lawrence-Hardy’s role: “It was deeply disturbing to see an attempt to diminish the qualifications of a nationally esteemed Black, woman attorney.”Xakota Espinoza, a Fair Fight Action spokeswoman, also sent a statement to The New York Times regarding Ms. Lawrence-Hardy’s role: “It was deeply disturbing to see an attempt to diminish the qualifications of a nationally esteemed Black, woman attorney.”
No one in the Politico article criticized the legal qualifications of Ms. Lawrence-Hardy.No one in the Politico article criticized the legal qualifications of Ms. Lawrence-Hardy.
As for Mr. Holman, he will survive. His boss, Mr. Weissman, said the disagreement was uncomfortable but honest. “I wish I had persuaded him,” Mr. Weissman said. “I wasn’t going to order him to make a retraction he did not take to be true.”As for Mr. Holman, he will survive. His boss, Mr. Weissman, said the disagreement was uncomfortable but honest. “I wish I had persuaded him,” Mr. Weissman said. “I wasn’t going to order him to make a retraction he did not take to be true.”
Kirsten Noyes contributed to this story.Kirsten Noyes contributed to this story.