Subj: An Open Letter to National LP Secretary Steve Givot from Jacob G. Hornberger
Date: 2/7/01 5:01:04 PM US Mountain Standard Time
From: jhornberger@jacobghornberger.com (Jacob G. Hornberger)
Sender: list-request@jacobghornberger.com
To: list@jacobghornberger.com
CC: jwlark@virginia.edu, dfylstra@frontsys.com, givot@softwarena.com,
NHLiberty@aol.com, Steve.Dasbach@hq.lp.org, HarryBrowne@home.com,
PWillis@earthlink.net
An Open Letter to National LP Secretary Steve Givot
from Jacob G. Hornberger
February 7, 2001
Dear Steve:
Thank you for your email of February 6, a copy of which appears below as Exhibit A, in response to my February 4 Open Letter to the National LP Hierarchy and the Harry Browne Campaign.
Because I believe that it is best to keep matters relating to campaign finance totally open and subject to public view, rather than private and confidential, I am taking the liberty of posting our correspondence on my personal website: http://www.jacobghornberger.com, where my original letter to which you were responding is also posted.
I am also sending a copy of our correspondence to national LP Chairman James W. Lark III, LP Vice Chairman Dan Fylstra, LP Treasurer Mark A. Tuniewicz, and LP National Director Steve Dasbach as well as to Harry Browne and Perry Willis.
The problem with respect to the total disbursements of $223,309.94 to the entities known as "Optopia" and "Liam Works" arises out of the fact that these two entities do not appear to be the traditional types of independent companies that sell goods and services to political parties and political candidates. As I pointed out in my Open Letter of February 4, Optopia has the same address as Browne's campaign manager Perry Willis, who obviously received disbursements from both the LP and the Browne campaign in his own personal capacity after he resigned his position as LP National Director to go work for the Browne campaign. And the primary products that Liam Works is selling appears to be Browne campaign materials.
I believe that when we're dealing with entities that appear to have a close relationship with campaign or party officials, the duty of open and public disclosure of all facts and circumstances relating to business dealings with these entities increases exponentially. And the reason for this is the importance of ensuring LP members and the general public that there is not even a remote appearance of self-dealing or other impropriety. I believe you would agree me that in order for a minor third party to capture the trust and confidence of the American people, it is as important to avoid the appearance of impropriety as it is to avoid impropriety itself.
What has not been openly and publicly disclosed in LP NEWS or on the national LP website or otherwise, as far as I know, by either national LP officials or the Browne campaign is (1) the purposes for which Optopia and Liam Works were established; (2) the exact nature of these entities; (3) the parties in interest in these entities; (4) the purposes for which the national LP and the Browne campaign money disbursed monies to these entities: (5) whether these entities in turn disbursed money to others; (6) the exact nature of the "consulting" and "phone, insurance, travel, and supplies," referred to in the reports; (7) why there are so many flat, even figures for these types of expenditures; and (8) whether the national LP maintains any oversight, interest, or control over these entities.
What I cannot understand is why apparently no LP officer or anyone in the Browne campaign has recognized the importance of explaining openly and publicly the facts and circumstances behind these entities, relationships, and disbursements.
Let's assume you're right about the LNC's not having the legal authority to impose an audit on the Browne campaign. That still does not prevent Lark, Fylstra, Givot, Tuniewicz, and Dasbach, as the officers of the national Libertarian Party, from voluntarily and openly and publicly disclosing, in LP NEWS, the LP website, a public press release or article, or in any other appropriate public manner everything they know about the LP's disbursements to Perry Willis, Optopia, Stephanie Yanik, and Liam Works and the exact nature of the respective relationships between all the entities involved.
Don't you think that full, open, and public disclosure of all facts and circumstances relating to party and campaign finances, especially with entities that have appear to have a close relationship to campaign officials, would advance the best interests of the Libertarian Party, especially with respect to the American electorate, most of whom are very concerned about such matters? Don't you think that the Libertarian Party even ought to be taking the lead in terms of voluntary full and complete public disclosure of all matters relating to campaign finance?
With respect to the questions that you posed to me about an audit, I suggest we begin with a full, open, and public disclosure of everything LP officials can tell us about the disbursements to Willis, Optopia, Yanik, and Liam Works and then go from there. Let's also see if Browne and Willis are willing to provide a full and complete open and public disclosure of these matters. Perhaps these open and public disclosures will put a quick and expeditious end to the matter and then we won't even have to delve into the question of the audit.
Sincerely,
Jacob G. Hornberger
***
EXHIBIT A EMAIL FROM NATIONAL LP SECRETARY STEVE GIVOT TO LP MEMBER JACOB G. (Bumper) HORNBERGER
February 6, 2001
Bumper:
Thanks for a copy of your open letter.
It gives rise to some questions which you may wish to answer for me:
1. You ask for the LNC to conduct an audit of many expenditures by the Browne Campaign. Yet, as far as I know, LNC has no legal authority to conduct any such audit of an autonomous private entity. You are an attorney, I believe. If you are aware of any such authority, what is it? If you are not aware of any such authority, how can the LNC possibly implement your suggestion?
2. You ask for an audit of certain LNC expenditures. What specifically are you looking for in that audit? A more detailed purpose statement associated with each expenditure? Validation that services were rendered in return for payment? An independent valuation of whether the services provided were worth the amount paid? Please be explicit so that I can understand what you are seeking.
3. Surely some portion of our membership (starting with you) is interested in this information. Equally surely, a different portion of our membership will claim that spending scarce LNC funds to conduct such an audit does not advance the mission of the LP. Given that the request seems to be responding to a small segment of our membership (since there has been no significant support given to this concept), why do you feel that spending LNC funds for this audit would advance the cause of the LP more than spending the same funds on other things?
4. Given the diversity of views that surely exists on whether paying for such an audit would be the best use of scarce LNC funds, would you be willing to raise the money to conduct such an audit if LNC were to agree to have it performed? This would, of course, satisfy the concerns of both groups cited above in that the audit would be performed and that LNC funds were not diverted to do so.
5. As relates to (4) above, if voluntary funding for such an audit were not forthcoming, wouldn't our mutual beliefs in free market economics lead both of us to conclude that there is insufficient interest in such an exercise and, therefore, it should not be undertaken.
I await your reply to these questions.
Sincerely,
Steve Givot
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