By Guest commentary glen franklin koontz and steven g. Churchwell
Ms. Donna Warren’s June 18 guest commentary Mike Feinstein needs to come clean is a regrettable compilation of misconceptions, half-truths and outright fabrications. The legal term for this diatribe is “libel.” Please allow us to rebut Ms. Warren, and to educate the casual follower of this Green Party soap opera.
First, Ms. Warren demands that Michael Feinstein “come clean” after “three years of delay and evasion.” Mr. Feinstein has come clean, Ms. Warren, and in a most public way. Following the unfounded and politically motivated criminal charges lodged by Ms. Warren’s predecessor, Michael Feinstein directed us to contact the Santa Monica Police Department and the Los Angeles County District Attorney’s Office. Michael further directed us to cooperate fully with these authorities in their investigation, and to waive any privileges as to information and testimony. We did this, turning over volumes of bank records and other documents, and offering Michael’s willingness to be interviewed by the authorities. The District Attorney’s office confirmed the accuracy of many of the documents by issuing subpoenas for Michael’s bank records — subpoenas to which he (Michael) lodged no objection. At the conclusion of the months-long investigation, the Los Angeles District Attorney’s Office declined to proceed, having found no evidence of criminal wrongdoing.
Second, Ms. Warren accuses Michael of threatening legal action. As his attorneys, we can confidently state that at no time did Michael Feinstein direct us to threaten or undertake any legal action against anyone; this despite our determination that legal causes of action did indeed exist against several individuals who have pursued this vendetta against him.
Third, the Green Party of Los Angeles County’s (GPLAC) small claim action was never designed to “bring into daylight the bank records of political donations.” Rather, it was a cynical ploy to embarrass Michael after the District Attorney’s office announced there was no basis to proceed against him. There are serious questions about its authorization, but there is no question as to its fate if it had continued to trial. Michael Feinstein would have prevailed for the simple reason that he has done nothing wrong.
Fourth, Ms. Warren posits her demands as “asking for our (GPLAC) money (and) our (GPLAC) records.” That is blatantly false. Michael Feinstein possesses no records other than his own.
Additionally, Michael Feinstein never took any money belonging to the GPLAC, nor did he engage in any unauthorized activities.
Moreover, Michael Feinstein did offer on numerous occasions to sit down with state and local Green Party officials in order to answer any concerns and questions. He also offered to provide records to document this information. At no time did such a meeting take place. However, due to the insistence of these state and local Green Party officials on various preconditions — for example, a condition for meeting never retracted was that the GPLAC wanted Michael to unconditionally pay them the disputed funds, but insisted that he was to be responsible for the funds’ accounting to the California Fair Political Practices Commission (“FPPC”), as well as any fines for the GPLAC’s failure to report and document the funds. Ms. Warren, if it truly is “(your)” money, why is Michael Feinstein responsible for its reporting to the FPPC? Also, if it truly is “(your) money,” why is it disputed? And why did the District Attorney find the criminal charges to be without merit?
The answer is clear. Michael Feinstein is being attacked — not by the Green Party on either the state or local level — but by a few cranks who are more interested in pursuing a political vendetta than in pursuing the party’s public policy agenda. This is a shame.
At great personal expense — financially and emotionally — Michael Feinstein addressed and resolved the specious charges lodged against him by the petty few. He has put aside any feelings of bitterness, and moved on to more constructive pursuits, seeking to serve the city of Santa Monica, and to advance the Green Party’s public policy agenda in this crucial election year. It is time for Ms. Warren and others to do likewise. (Glen Franklin Koontz and Steven G. Churchwell are attorneys representing Michael Feinstein. Koontz is an attorney with Martin & Seibert, L.C., of Martinsburg, West Va. Koontz practices criminal and civil litigation in California and Washington, D.C. He Churchwell, a former FPPC general counsel, is an attorney with Livingston & Mattesich, Law Corporation of Sacramento. Churchwell is a renowned expert in California election law. He)
Originally published in the Santa Monica Daily Press print edition on June 25, 2004. Read the original PDF.