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

November 2, 2016
Re: Garrett for Congress
Dear STATION MANAGER:
It has come to our attention that Josh Gottheimer for Congress (Campaign) has
purchased air time on your network to run a negative advertisement targeting Congressman Scott
Garrett and Garrett for Congress (the Advertisement). The Advertisement depicts a document
with letterhead that claims to be Office of Congressional Ethics letterhead. This letterhead is in fact
altered, and the body of the document itself appears to be the same document prepared by the
Campaign for Accountability, a left leaning entity claiming 501(c)(3) status under the Internal
Revenue Code (IRC). The Campaign has brazenly admitted this act: [a]n official with the
Gottheimer campaign confirmed that it had produced the ad and manipulated the image

See http://www.nj.com/bergen/index.ssf/2016/11/fifth_district_congressional_candidates_issue_duel.html
(visited on November 2, 2016). Falsifying and forging documents is illegal under multiple
provisions of the United States Code, and whoever falsely assumes or pretends to be an officer or
employee acting under the authority of the United States or any department, agency or officer
thereof is committing a crime under 18 U.S. Code 912. Should the Campaign for Accountability
be complicit in this scheme, its 501(c)(3) status must be revoked by the Internal Revenue Service
for violating the absolute prohibition on engaging in political activity as that term is defined by the
IRC.
The Advertisement also falsely states that Congressman Garrett is Under Investigation
and implies that he is under investigation by the Office of Congressional Ethics. Congressman
Garrett is not under investigation, and has never even been contacted by the Office of
Congressional Ethics. Because the Advertisement not only contains false and damaging
information, but also constitutes a desperate and willful attempt to mislead voters, I am writing to
request that your station stop airing it immediately.
Broadcast licensees have a legal responsibility to review and to eliminate any false,
misleading, or deceptive materials contained in advertising. We urge you to recognize the
Navigating the Law of Politics

Campaigns blatant disregard for the facts and we respectfully demand that your network refuse to
air this false Advertisement. We further request that you reject any attempts by the Campaign to
purchase time for the future airing of this Advertisement because of its material misstatements of
fact and blatant disregard for the truth of the matter.
I ask that you please contact me at your earliest convenience at 202.517.0585 or
eberke@berkefarah.com to advise as to your networks actions(s) with respect to cessation of the
airing of this Advertisement. I will contact you tomorrow morning if I have not heard from you.
Thank you for your prompt attention to this matter. I will anticipate your immediate
response.
Sincerely,

Elliot S. Berke