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Georgetown Prof Questioned About Exempt Org ‘War Gaming’

MAR. 21, 2024

Georgetown Prof Questioned About Exempt Org ‘War Gaming’

DATED MAR. 21, 2024
DOCUMENT ATTRIBUTES
  • Authors
    Sessions, Rep. Pete
  • Institutional Authors
    U.S. House of Representatives
  • Code Sections
  • Subject Areas/Tax Topics
  • Industry Groups
    Education
    Nonprofit sector
  • Jurisdictions
  • Tax Analysts Document Number
    2024-9043
  • Tax Analysts Electronic Citation
    2024 TNTF 59-16
    2024 EOR 5-40
  • Magazine Citation
    The Exempt Organization Tax Review, May 2024, p. 279
    93 Exempt Org. Tax Rev. 279 (2024)

March 21, 2024

Rosa Brooks
Associate Dean for Centers and Institutes and Scott K. Ginsburg Professor of Law and Policy
Georgetown University School of Law
600 New Jersey Avenue, NW
Washington, DC 20001

Dean Brooks,

I am writing you regarding your publicly identified role as a founder and facilitator of what you named the “Transition Integrity Project” (TIP). As our nation prepares for the 2024 presidential election, the work of TIP has been brought to my attention as an intensely partisan exercise intended to sew dissension and subversion regarding the American election system and the institution of the president of the United States. These objectives are clearly apparent in your September 3, 2020 opinion piece in the Washington Post titled “What’s the worst that could happen?”1. Baseless accusations such as those made in the aforementioned piece, which was published before the first vote was cast in the 2020 Presidential general election, are harmful to public confidence in elections.

I am particularly concerned by the activities of TIP in 2020, and any similar endeavor in advance of the 2024 election, because this exercise seems to have been administered adjacent to the Georgetown University Law Center. As you know, Georgetown University operates as a 501(c)(3) nonprofit organization and receives hundreds of millions of dollars in federal funding every year. It would be highly inappropriate for a university that relies on federal funding to conduct partisan political activity intended to undermine a lawfully conducted election.

I am seeking to gain a comprehensive understanding of your 2020 war-gaming project, its work, and its conclusions. At this time, I am writing to you with specific requests:

a) Please provide a full list of TIP members, staff, consultants, and anyone who interacted with the project during its period of operation. Various public reports have identified over 100 participants but only 15 names have been published. Please list any TIP participants who held an active United States government security clearances and building passes at the time the project was in operation. List any participating institutions, programs, and individuals who received or participated in any active, pending, or anticipated federal salary, contract, grant, or fee during the duration of the TIP project. Please list the employers of any TIP participant, specifically to the extent the employers are funded by congressionally appropriated funds. Please list any participating institutions or individuals indirectly subsidized by the federal government through tax-deductible charitable contributions. Please list any participants who have passed, or anticipate passing, the bar to appear before federal courts. Please list any professors/instructors who teach students at federal expense, and who teach students for the purpose of working in the federal government either directly or under contract. I am seeking to gain a fulsome understanding of your 2020 war-gaming project, its work, and its conclusions.

b) Please provide all transcripts, audio, video, Zoom, digital, and any and all records and recordings of TIP's meetings, from its first communications to its most recent personal, virtual, or hybrid gatherings, inclusive of any and such encounters of any size. If you have a specific contract with Zoom, please provide this contract or specifics.

c) Please provide a complete list of the venues and meeting locations for any and all TIP and TIP-related meetings or gatherings as described in the above section.

d) Please provide a specific and detailed list of any and all federally owned, operated, leased, funded and/or subsidized assets and/or any such assets or locations used by any and/or all TIP participants in connection with TIP’s activities without exception. In addition, list any participating institutions, programs, and individuals who have received or participated in any active, pending, or anticipated federal salary, contract, grant, or fee, during the duration of the TIP project. Also, please list the employers of every TIP participant, to the extent the employers are funded by congressionally appropriated funds.

e) One of the publicly identified participants of TIP was Major General (Ret.) Paul D. Eaton.2 In 2021, General Eaton published an op-ed with two other retired flag officers in which they stated that a similar wargaming exercise to TIP should be replicated with regard to the military and making sure that it is under control.3 Please identify any active duty military or Department of Defense officials with whom you or anyone at Georgetown Law Center or your affiliates have contacted for the 2020 TIP effort and any present project.

f) Recently, Professor Mary B. McCord, the Executive Director of the Georgetown University School of Law’s Institute for Constitutional Advocacy and Protections (ICAP), said “we’re already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to.”4 Please define if Professor McCord and her colleagues are conducting this hyper partisan activity under the auspices of ICAP — an entity which is described as a “non-partisan institute within Georgetown University Law Center” on the ICAP website. In your response to this inquiry, please articulate if any current faculty or staff at ICAP5 participated in TIP in any way and the nature of projects resembling TIP that are currently being conducted through the ICAP.

g) Please explain if you are involved in the project described by NBC News as “loose-knit network of public interest groups and lawmakers . . . quietly devising plans” to suppress the Article Two provisions defining presidential control of the military.6 As you may recall, in your 2017 book you wrote about these foundational norms of civilian control over the American military and how “it’s time to toss them aside.”7 As mentioned, Mary McCord intimated that ICAP is helping lead this effort — and as Associate Dean for Centers and Institutes, you are McCord’s supervisor. I am interested to know of your involvement in this group “quietly devising plans” to change or violate the US Constitution. Please also list participants in the project referenced in the NBC News article.

In closing, I advise you to preserve all work product and communications from the 2020 Transition Integrity Project war gaming exercise. I noticed that your website is no longer operational, and the report of TIP’s work is only found on other sites. My request for preservation of records includes all documents, electronic records of any kind including emails and texts, any videos or audio recordings of your project and any other materials related to its work.

I respectfully request your prompt response and compliance with these requests by close of business April 19, 2024. Instructions to send these materials will be included in an enclosure.

Sincerely,

Pete Sessions
Member of Congress

cc:
Adam Adler, Vice President & General Counsel, Georgetown University
William Treanor, Dean of Georgetown University Law Center
John D. DeGioia, President of Georgetown University
Members, Board of Trustees

FOOTNOTES

1www.washingtonpost.com/outlook/2020/09/03/trump-stay-in-office/

2twitter.com/pauldeaton52/status/1280249711686029314

3washingtonpost.com/opinions/2021/12/17/eaton-taguba-anderson-generals-military/

4nbcnews.com/news/amp/rcna129159

5law.georgetown.edu/icap/our-team/

6nbcnews.com/news/amp/rcna129159

7How Everything Became War . . ." pp 362, Rosa Brooks, 2017

END FOOTNOTES

DOCUMENT ATTRIBUTES
  • Authors
    Sessions, Rep. Pete
  • Institutional Authors
    U.S. House of Representatives
  • Code Sections
  • Subject Areas/Tax Topics
  • Industry Groups
    Education
    Nonprofit sector
  • Jurisdictions
  • Tax Analysts Document Number
    2024-9043
  • Tax Analysts Electronic Citation
    2024 TNTF 59-16
    2024 EOR 5-40
  • Magazine Citation
    The Exempt Organization Tax Review, May 2024, p. 279
    93 Exempt Org. Tax Rev. 279 (2024)
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