ATLANTA — U.S. Sen. Rev. Raphael Warnock's move to use campaign money to cover legal expenses in a lawsuit is now drawing scrutiny over whether it was a proper use of funds.
Records show two complaints were filed against the Georgia pastor in 2019 and 2021. Both filings include the same allegations.
The heart of the lawsuit accuses a deputy court clerk for the U.S. Court of Appeals for the Eleventh Circuit of racial discrimination. The amended 2021 complaint names more than 20 defendants, many of whom are prominent public figures. The list includes Sen. Warnock, former Georgia Gov. Sonny Perdue and former Atlanta mayor Keisha Lance Bottoms, among others. All of the defendants are all accused of causing emotional distress and breach of duty.
The suit, which seemingly makes loose ties to include public officials, was dismissed for all defendants, with a federal judge once again closing the case on the basis that it was meritless.
At the time the 2021 complaint was filed, Warnock was representing Georgia in the U.S. Senate. Federal Election Commission law states a government official, including a senator, can utilize campaign funds on litigation expenses in the case where the officeholder was the defendant and the litigation expenses arose under specific circumstances -- including one's status as a candidate.
According to reporting from Politico, Warnock enlisted his campaign attorneys from Elias Law Group to represent him and also tapped Atlanta-based Krevolin & Horst to be part of his legal team.
Because the allegations stem from more than a decade ago, before he served office, the concern is that he used campaign money to tackle an issue from before his notoriety as a political figure. However, the complaint resurfaced in the courts after he won his senate seat -- a point his office said gave him legal grounds to use the funds.
In a statement, Warnock's campaign manager said the issue itself is moot, claiming that some reports about the topic "intentionally misrepresents reality by relying on Washington Republicans’ attacks instead of the actual facts."
"This was never a personal lawsuit, it was a frivolous lawsuit filed against multiple public figures and handled according to the law," Quentin Fulks, Warnock's campaign manager said.
The FEC said it decides on a case-by-case basis whether legal expenses are considered "personal use" -- which cannot be paid using campaign funds.
"In several advisory opinions, the Commission has said that campaign funds may be used to pay for up to 100 percent of legal expenses related to campaign or officeholder activity, where such expenses would not have occurred had the individual not been a candidate or officeholder," the FEC said in a statement.
The Commission said it also "can't comment on matters that have the potential to come before the agency."
Again, it's not the merit of the lawsuit that's in question -- but rather the timeline of the complaints. It's an issue that could come up again as Warnock heads toward the general election.