APPENDIX B

Berke | Farah LLP Attorneys at Law

1200 New Hampshire Ave. NW Suite 800 Washington, DC 20036 eberke@berkefarah.com 202.517.0585 www.berkefarah.com

Navigating the Law of Politics

July 6, 2018 The Honorable Susan W. Brooks, Chairwoman The Honorable Theodore E. Deutch, Ranking Member Committee on Ethics U.S. House of Representatives 1014 Longworth House Office Building

Washington, DC 20515-6328

Dear Chairwoman Brooks and Ranking Member Deutch:

This letter is in response to your request for information from Congressman Thomas A. Garrett Jr. dated June 8, 2018. This information is being provided to you by the agreed upon date

of July 6, 2018. Congressman Garrett intends to fully and completely cooperate with you

regarding this request on a voluntary basis. This response is being provided to you on a good faith basis to the best of Congressman Garrett’s recollection, but the congressman nevertheless reserves

the right to supplement or correct it should any information be brought to his attention subsequent to it.

For purposes of clarity, we have repeated your questions below:

1. For the period from January 3, 2017 to present, describe all instances in which your official staff provided, or were asked to provide, assistance with personal services or errands for you or your family. This request includes, but is not limited to, any instances in which your official staff were required or requested to chauffeur your daughters, pick up or unload groceries, watch and clean up after your dog, assist your wife with errands, and pick up your clothes from your residence. For each instance described, provide the Committee

with: the dates and times for each activity (detailed per employee, to the greatest extent possible); the names of all staff involved; the amounts or reimbursements paid to each person, if any; the hours worked on the task by each employee; and the amount of official pay reduced for such activity if it occurred during official hours.

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Please find below a description to the best of Congressman Garrett’s recollection when official staff provided, or were asked to provide, assistance with what could be construed as personal services or errands for him or his family. He does not concede that such assistance was actually personal but rather believes it to be officially-connected under the circumstances. He nevertheless provides this information in the interest of full transparency.

a. “…requested to chauffeur your daughters…”

Congressman Garrett is not aware of any instances during the relevant dates in which any official staff were required or requested to chauffer his daughters.

b. “... pick up or unload groceries…”

On May 3, 2017, official staff member had been invited to Congressman

Garrett’s apartment to socialize after work. Congressman Garrett offered to buy him a ticket to a Washington Nationals game that night. Congressman Garrett later informed

him that he should go ahead and go to the game without him, as he was waiting to help his

wife bring groceries up from the parking garage when she returned from the store (as she was quite pregnant at the time). Mr. declined the ticket and suggested that

Congressman Garrett go ahead to the game, and that he would assist Mrs. Garrett. Congressman Garret thanked him profusely and walked to the game with the others who

had chosen to attend. Mr. then, without Congressman Garrett’s request or knowledge, walked his wife to the game where he met them outside. Congressman Garrett

was surprised and grateful. Apparently, Mr. did as he suggested he would, and

helped carry groceries up the elevator from the parking garage.

While not responsive to the Committee’s request, Congressman Garrett has texts and photos of Mr. Jones with him during a tour of the White House (which Mr. had told Congressman Garrett he would enjoy, and so Congressman Garrett subsequently arranged). He also has a video shot of Mr. by an independent third party describing his positive feelings about Congressman Garrett and his work in the office, as well as text messages he sent to the congressman after he left his employment and after the congressman helped him procure a subsequent job (from which he was apparently terminated). As recently as one month prior to the Politico article that prompted this

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review, 1 Congressman Garrett has texts in which Mr. suggests that Congressman Garrett should come and visit him when the congressman was in his area. Congressman Garrett thus is not only unaware of any complaints or concerns Mr. may have had during his tenure in his official office, he considered Mr. a friend and was shocked by the allegations that appeared in Politico. On at least one other occasion, Congressman Garrett recalls that his wife told him that an official staffer who was at their apartment socially offered to help bring items up from the car. She believes the official staffer was and that the event occurred in July 2017. Congressman Garrett has no independent knowledge or recollection of this event, although he did have staff over to the apartment to cook for them, socialize with them, and play board games on a regular basis before the arrival of as Chief of Staff.

On two occasions, then unpaid intern went to Costco and to Ikea. He was not official staff at the time, but later was offered and accepted a paying position. Mr.

was compensated on each occasion, on the first occasion with a meal, and the second with the meal and with the purchase of an item in which he expressed interest.

Upon learning of this request, he said, unprompted, that he “never felt that he was pressured” and was “happy to be of assistance”. On both occasions, items for use and

consumption inside the official office were purchased – including but not limited to picture

frames from Ikea, food and beverages from Costco (including an ice cream cake for an official staffer’s office birthday celebration).

On other occasions, Congressman Garrett recalls that official staffers including Messrs.

, , and were asked to assist him with bringing food and drink that he or his wife had purchased for the official office from his car in Lot 1 to his office in Cannon. He estimates that this probably happened roughly ten times from January 3,

2017 to the present.

Official staff were never asked to get groceries for Congressman Garrett’s home or any other location from any store. Congressman Garrett recalls that official staff sometimes did

go and pick up lunch for each other and that he also on occasion placed an order as well. He also frequently treated official staff to meals.

1 All references to Politico herein are to Rachel Bade, Alex Isenstadt, and Kyle Cheney, “Ex-aides say congressman made them his servants” Politico, May 25, 2018.

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Congressman Garrett does not recall official staff being asked to “pick-up” groceries except when groceries were purchased for use in the official office. In such instances, all groceries “picked up” from his car in Lot 1 were brought to the official office to be consumed by official staff and office visitors.

c. “…watch and clean up after your dog…”

Congressman Garrett recalls that official staffers and each dog sat for Sophie on at least one weekend. On each occasion, they offered to dog sit and were compensated. They were each also offered use of the Garrett’s apartment when these instances occurred, and he recalls they were both on occasions when Congress was out of session. Congressman Garrett recalls that Ms. suggested that she “was tickled” to

stay at their apartment as it “allowed her to get away from her housemates.”

Congressman Garrett is not aware of any official staff making a complaint about his dog

being in the office. He never directed anyone to “clean up after her,” although after the Politico story he understands that someone may have done so. The dog was walked by

staff who routinely argued (politely) with one another over whose “turn it was” to walk her. He recalls emails between staff expressing a desire to walk the dog, and while not directly

responsive to this request, is willing to also search for them upon request.

Official staff expressed a sincere affection for Sophie and occasionally informed

Congressman Garrett on ideas they had for the dog. For example, Congressman Garrett recalls emails between official staff suggesting they enter the dog into at least one

competition sponsored by a Capitol Hill publication for “best dogs on Capitol Hill.” He recalls that they did in fact enter the dog into such a competition. While not directly responsive to this request, Congressman Garrett is also willing to search for such emails

upon request.

d. “…assist your wife with errands…”

Notwithstanding the instances described above, Congressman Garrett recalls asking his wife to go to the House Gift Shop to purchase Christmas ornaments or similar gifts for constituents and believes she may have also asked official staff to do so as well.

e. “…pick up your clothes from your residence.”

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Congressman Garrett recalls three instances in which he requested that Mr. go to his residence to procure clothing for him, all of which were officially related. On the first occasion, he forgot a belt. He gave the official staffer his car and house keys and asked if the official staffer would go and get him a belt. He believes this instance occurred in February 2017. At the time, he lived at 82 I Street SE, Washington D.C. 20003 and thought it was appropriate for an official staff member to help a Member of Congress present a professional appearance at an official meeting. The alternative would have been for the congressman to have missed a committee meeting while retrieving the belt himself.

On the second occasion, Congressman Garrett spilled mustard on his shirt. This instance

must have occurred before March 2017, because since that occasion he has kept spare shirts in his office. He believed it was appropriate for official staff to help a Member of

Congress present a professional appearance and asked an official staffer to drive to his apartment to obtain another shirt.

On the third occasion, Congressman Garrett did not have the appropriate tuxedo shoes for

the White House Christmas Party. He believed it was it was appropriate for official staff to

help a Member of Congress present a professional appearance and asked an official staffer to drive the congressman’s car to his apartment to obtain the appropriate shoes.

2. Provide all documents related to any instances identified in your response to Request 1.

We have provided the mutually agreed upon search terms to an outside IT vendor who will search files of all official staff once they are provided by House IT staff professionals, who are still processing this request. We will update you as soon as practicable with the status of the search.

3. Provide the names, current or last known contact information, and dates of service for all current and former official staff involved in any instances identified in your response to Request 1.

Please find the names, last known contact information, and dates of service below:

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May 2017-August 2017

July 2017-May 2018

Interned August 2017-Dec 2017

Dec 2017-July 2018

Interned Feb-May 2017 May 2017-Jan 2018

July 2017-

Jan 2017-

4. For the period from January 3, 2017 to present, provide all documents related to any complaints, objections, concerns or comments regarding your or your family's use of official resources, including official staff time, for unofficial purposes. This request includes any documents related to any adverse and/or retaliatory action(s) taken or suggested in response to any such complaints, objections, concerns or comments.

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We have provided the mutually agreed upon search terms to an outside IT vendor who will search files of all official staff once they are provided by House IT staff professionals, who are still processing this request. We will update you as soon as practicable with the status of the search. That being said, to the best of his recollection, Congressman Garrett is not aware of complaints ever having been made, either formally or informally, directly or indirectly, regarding his or his family’s use of official staff or resources for unofficial or unauthorized purposes prior to the Politico story. It is important to note for the record that the Politico story appeared only after the congressman terminated his then Chief of Staff, , for cause. Mr. had, in February 2018, told the congressman, “If I go, your office goes with me.” Congressman Garrett believes this is corroborated by the fact that, despite never lodging any complaint or

reservation to Congressman Garrett about inappropriate use of official staff while in his employ, after he was fired in writing, Politico reported that Mr. had “objected to the

Congressman’s use of office resources.” When it appeared that he was not going to seek

reelection there was no story, but within three hours of stating that Congressman Garrett would seek reelection, the calls to several current and former staffers to source the material

given to Politico had started.

5. For the period from January 3, 2017 to present, provide all documents related to any trainings, guidance, policy or advice provided to your office or official staff regarding

whether official staff could perform personal services or errands for you and/or your wife.

It is Congressman Garrett’s understanding that, during the relevant period, all official staff had completed all required and annual ethics training, and that records of completion are held by the House Ethics Committee Office of Advice and Education.

Furthermore, Congressman Garrett directed his Chief of Staff to produce an ‘open door’ policy memorandum when it became clear that Mr. had instructed staff not to express their thoughts directly to the congressman, but to only communicate through Mr. Congressman Garrett drafted this memorandum and scheduled a meeting for all staff with House Ethics Committee counsel. This meeting occurred in April 2018. The House Ethics Committee counsel came to the congressional office and fielded questions from Congressman Garrett and DC and District staff who were conference-called into the meeting.

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6. For the period from January 3, 2017 to present, describe all instances in which your use of alcohol or other substances interfered with, or was suggested by anyone to have interfered with, your official duties. For each instance described, provide all relevant dates and times, the names of any individuals present or otherwise involved, the nature of the official duties, and any other relevant information. On May 28, 2018, Congressman Garrett made public his struggle with alcoholism when announcing his decision not to seek reelection. As he stated, “[a]ny person – Republican, Democrat or independent – who has known me for any period of time and has any integrity knows two things: I am a good man and I’m an alcoholic.”2 Congressman Garrett does not feel it is prudent or germane to further comment on the state of his recovery.

Notwithstanding his admission and the Center for Disease Control definition of how

alcohol may affect a person,3 Congressman Garrett does not believe alcohol, or any other substances ever interfered with his official duties. Congressman Garrett was at no point

ever intoxicated during an official work day, and never as much took a single drink during or prior to the official work day. There were never any suggestions raised by anyone that

alcohol interfered with his job. His condition manifested itself after work hours and almost always alone and on weekends. It was quite typical for him to go days at a time without

drinking at all. After Congressman Garrett admitted his alcoholism, one staffer who he

later learned had multiple felony charges and what appear to be two felony convictions, texted him late at night or very early in the morning, accusing him of being intoxicated.

Those texts will be provided to the Committee once located by House IT professionals. Congressman Garrett had not consumed alcohol for days at the point in time and has not

consumed alcohol since the night of May 23, 2018.

7. Provide all documents related to any instances identified in your response to Request 6.

2 See Laura Vozella and Jenna Portnoy, “Rep. Garrett announces his is an alcoholic and will not seek reelection,” Washington Post, May 28, 2018 https://www.washingtonpost.com/local/virginia-politics/rep-garrett-announces-he-is-an-alcoholic-and-will-not-seek-re-election/2018/05/28/40e8839a-62b2-11e8-99d2-0d678ec08c2f_story.html?noredirect=on&utm_term=.c4d07a7ab620 (visited on June 27, 2018). 3 According to the CDC, “Alcohol affects every organ in the body. It is a central nervous system depressant that is

rapidly absorbed from the stomach and small intestine into the bloodstream. Alcohol is metabolized in the liver by

enzymes. However, the liver can only metabolize a small amount of alcohol at a time, leaving the excess alcohol to

circulate throughout the body. The intensity of the effect of alcohol on the body is directly related to the amount

consumed.” https://www.cdc.gov/alcohol/faqs.htm (visited on June 27, 2018).

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We have provided the mutually agreed upon search terms to an outside IT vendor who will search files of all official staff once they are provided by House IT staff professionals, who are still processing this request. We will update you as soon as practicable with the status of the search.

8. Provide all documents related to recent news reports that you and/or your spouse used your official staff for non-official, personal purposes. This request includes, but is not limited to, all communications between you and any other person related to the publication of any articles regarding these allegations and/or the allegations contained therein, whether prior to or following publication of those articles.

We have provided the mutually agreed upon search terms to an outside IT vendor who will search files of all official staff once they are provided by House IT staff professionals, who are still processing this request. We will update you as soon as practicable with the status of the search.

9. Inform the Committee of the efforts you and/or your staff have made to identify documents or information responsive to this request.

Congressman Garrett and his official office sought the counsel of House IT professionals to identify documents or information responsive to this request. As referenced above, we also requested that Committee on Ethics staff provide us with keyword search terms to help facilitate this response. We have provided the mutually agreed upon search terms to an outside IT vendor who will search files of all official staff once they are provided by House IT staff professionals, who are still processing this request. We will update you as soon as practicable with the status of the search.

10. Provide any and all additional information or documents that, in your opinion, would assist

the Committee in its investigation of the matters outlined in this letter.

Congressman Garrett has no additional information to provide at this time, beyond the points raised herein. He does respectfully request that you, as part of your review,

interview official staff about the positive experiences that have had working in his official office during his term, as it both provides context and helps to refute the unfounded allegations contained in Politico.

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* * * * *

As we stated at the outset, Congressman Garrett intends to fully cooperate with you and the Committee regarding this matter, and hopes this material satisfies your questions. Nothing provided today may be viewed as a waiver of any privilege, including but not limited to the common law spousal privilege or the Speech or Debate clause of the United States Constitution. Please let me know if you have any additional questions. Very truly yours, Elliot S. Berke

Berke | Farah LLP Attorneys at Law

1200 New Hampshire Ave. NW Suite 800 Washington, DC 20036 eberke@berkefarah.com 202.517.0585 www.berkefarah.com

Navigating the Law of Politics

September 21, 2018 The Honorable Susan W. Brooks, Chairwoman The Honorable Theodore E. Deutch, Ranking Member Committee on Ethics U.S. House of Representatives 1014 Longworth House Office Building Washington, DC 20515-6328

Dear Chairwoman Brooks and Ranking Member Deutch:

This letter responds to a Report and Findings of Fact and Citations to Law from the Office

of Congressional Ethics concerning alleged conduct by Congressman Tom Garrett (“OCE

Referral”) provided to the Committee on Ethics (“Committee”) on September 5, 2018. We understand that the Committee may release the OCE Referral at some point to the public, and if

the Committee does so, we request that this letter and the enclosed statement from Congressman Garrett be included with any such release.

The OCE Referral addressed two alleged violations: 1) Congressman Garrett may have used his congressional staff to perform unofficial work and personal errands; and 2) Congressman

Garrett hired an employee from his official congressional staff to work for his congressional campaign committee and that the employee may have performed personal errands while being

paid by Congressman Garrett’s congressional campaign committee. Congressman Garrett is pleased that the OCE recommended the second allegation be dismissed. This letter, therefore, is

meant to address the first allegation. As to the first allegation, Congressman Garrett and his wife Flanna Garrett deny that they used congressional staff to perform unofficial work and personal errands. Congressman Garrett believes he has always held himself and his office to the highest ethical standards and does not

believe that any requests made to congressional staff to facilitate the work of his office were unofficial or personal in nature. More specifically, Congressman Garrett does not recall ever receiving a single complaint from any congressional employee questioning whether requests were

unofficial or personal in nature. The Congressman maintained an open-door policy for receiving

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and addressing such concerns, and held a question and answer session for his staff and counsel for this Committee on April 26, 2018 (a recording of which he has produced to the Committee).

As you are aware, Congressman Garrett decided not to provide information to the OCE during its review out of deference to the requests for information from this Committee (and to avoid wasting both taxpayer and his own funds for what was a duplicative and redundant inquiry). Congressman Garrett also declined the OCE’s invitation to participate in its review due to concerns with the way the OCE conducts itself, and those concerns are not abated upon review of the OCE Referral. The OCE Referral is riddled with falsities and innuendo and demonstrates profound concerns about how the OCE conducted its investigation into this matter.

The OCE Referral relies largely on the interview of “Matt Missen,” a former employee of

the Office of Congressman Garrett. Although Mr. Missen was interviewed by the OCE, the OCE

inexplicably still found him to have refused to cooperate with its review.1 Mr. Missen admitted under oath to having lied to the press concerning the allegations against Congressman Garrett,2 but,

the OCE Referral includes the following paradoxical observation:

The Board notes that Mr. Missen’s employment with Representative Garrett’s office was terminated in early June 2018. Apart from the circumstances

surrounding his termination that may have resulted in some degree of bias, the

OCE found Mr. Missen’s testimony to be detailed and forthcoming. After interviewing with the OCE, Mr. Missen did not respond to the OCE’s repeated

requests for documents.

OCE Referral at 8, fn. 20. Mr. Missen’s employment was indeed terminated by Congressman Garrett for cause. As the

Committee is aware, Mr. Missen was terminated for “failure to well and faithfully discharge the duties of Communications Director.”3 I have enclosed a statement from Congressman Garret that

addresses his employment as well as the employment of other official staff upon which the OCE relied on in reaching its findings.

1 OCE Referral at 5. 2 OCE Referral at 7. 3 Memo from W.R. Bill Janis, Chief of Staff, Congressman Thomas A. Garrett, Jr., to Matt Missentiz, Communications Director, RE: Immediate Termination for Cause, June 8, 2018 (enclosed).

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As you requested, I have also enclosed what we believe to be all communications between my firm and the OCE on this matter. Should any additional communications not included be located subsequent to this letter, we will provide them to you as soon as practicable. As you will note upon

Please let me know if you have any additional questions. Very truly yours, Elliot S. Berke

Enclosure

09/19/2018

Account of reimbursements submitted for payment by Matthew R. Missentzis during his time of employment in Congressman Thomas A. Garrett, Jr. congressional office.

Expenses paid out before departure.

1/24/18 – 1/28/18 Mileage reimbursement for trip to district. On this expense two lines were added that were travel from home to the workplace in DC and returning. This is against house rules for reimbursements as travel to and from your duty station is not reimbursable.

Total: $5.99

2/3/18-2/3/18 Mileage reimbursement for meetings around DC. Last line included mileage to his home at the end of the day This is against house rules for reimbursements as travel to and from your duty station is not reimbursable.

Total: $2.99

1/2/18-1/6/18 Uber expenses due to a lockdown of the cannon garage where Mr. Missentzis had parking privileges. Attached to this request were two uber expenses to a restaurant/bar strip in Arlington at 10:31 pm and 11:20 pm. While the lockdown would have prevented Mr. Missentzis from having his car, his personal expenses in the evening are not reimbursable. The other uber expenses on this request were for meetings.

Total: $ 9.48

10/15/17-10/30/17 Mileage reimbursement for trip to the district included two lines of travel from home to the workplace in DC and returning. This is against house rules for reimbursements as travel to and from your duty station is not reimbursable.

Total: $5.99

1/6/18-1/25/18 Mileage reimbursement for trip to district. On this expense one line was added that were travel from home to the workplace in DC. This is against house rules for reimbursements as travel to and from your duty station is not reimbursable.

Total: $3.10

Expenses Submitted Week of Termination

10/03/17-10/17/17 Mixed expense request included two uber expenses from home to work. This is against house rules for reimbursements as travel to and from your duty station is not reimbursable

Total: $ 10.49

03/19/18-03/26/18 Mixed Reimbursement request for a trip to the district included two lines of travel from home to the workplace in DC and returning. This is against house rules for reimbursements as travel to and from your duty station is not reimbursable.

Total: $7.27

In addition to these expense, Mr. Missentzis submitted duplicate requests for reimbursements even though he had been provided with documentation stating his reimbursements had been processed and paid. On the duplicate expenses he changed the detailed description, expense category or the number of lines on the reimbursement. This gave cause for a complete audit of his expenses where it was discovered that he had been incorrectly reimbursed for $30.54 for travel to and from his residence. This was missed in the original review of his expenses due to the nature in which it was placed with other travel from a trip to the district. It was also discovered that an over payment of $20 was made due to poor quality of the scanned copy of his expense requests. The expenses submitted the week of termination were changed to deduct the inappropriate funds and the additional $50.54 was deducted from his requests to accommodate for the over payment to him for his previous expenses. Mr. Missentzis was notified in writing regarding this deduction from his expense requests.

Jennifer Bailey Financial Administrator Congressman Thomas A. Garrett, Jr.

From: Elliot BerkeTo: Foster, JanetCc: Pescatore, Brittney; Arrojo, DavidSubject: Re: Outstanding Request for InformationDate: Wednesday, August 22, 2018 6:51:44 PM

Janet:

Congressman Garrett does not and has not had access to that account. It is strictly used by hiswife, Flanna, despite its name.

Elliot S. BerkeManaging PartnerBerke Farah LLP1200 New Hampshire Ave. NWSuite 800Washington, DC 20036

This e-mail may contain confidential or privileged information. If you are not the intended recipient,please advise by return e-mail and delete immediately without reading forwarding to others. Thefollowing statement is provided pursuant to U.S. Treasury Department Regulations: Thiscommunication is not intended or written to be used, and cannot be used, by a taxpayer for thepurpose of avoiding penalties that the Internal Revenue Service may impose on the taxpayer.

On Aug 22, 2018, at 8:00 AM, Foster, Janet <janetfoster@mail.house.gov> wrote:

Thanks, Elliot. The Committee has received information indicating that Representative Garretthad an additional email account: . Please search andprovide us with any responsive documents connected to this email account nolater than one week from today, by August 29, 2018. Thanks,Janet Janet M. FosterCounselCommittee on EthicsUnited States House of Representatives1015 Longworth HOBWashington, D.C. 20515