PART 2:
Company documents obtained by The Post show the U.S. program involved a staff of 41 employees and contractors, and spent $7.5 million between April and July 2014.
The company aggressively courted political work beginning in 2014, signing on with numerous GOP candidates in what turned out to be a successful year for the party. That year, Cambridge Analytica documents show it advised a congressional candidate in Oregon, state legislative candidates in Colorado and, on behalf of the North Carolina Republican Party, the winning campaign for Sen. Thom Tillis.
Tillis said that he expects all services provided to his campaign to be lawful and that it would be “deeply disturbing” if his campaign was misled by a vendor. Dallas H. Woodhouse, the North Carolina GOP’s director, said that the party paid Cambridge Analytica $150,000 in 2014 for get-out-the-vote efforts and mail operations on behalf of Tillis and other GOP candidates but that he was not aware of any foreign workers involved with the effort. The party would not tolerate any unethical behavior by a vendor, he said.
“No foreign workers worked for us,” Woodhouse said.
The company, which asserted that Republican candidates won most of the races it worked on in 2014, also advised candidates in Arkansas, New Hampshire and North Carolina through a super PAC controlled by former U.S. ambassador to the United Nations John Bolton, who was named last week by Trump to be national security adviser.
Bolton’s spokesman, Garrett Marquis, said that Bolton, not individuals at Cambridge Analytica, made all strategic decisions related to the super PAC’s work. Marquis added that the contract with the company stated that Cambridge Analytica’s use of data “was in compliance with applicable laws,” that Bolton’s group hasn’t worked with the company since 2016, and that Bolton had been unaware of any alleged impropriety by Cambridge Analytica until recent news reports. The group no longer uses any of the data.
Wylie, who left Cambridge Analytica at the end of 2014 because of rising uneasiness about its politics and the leadership of Nix, said in interviews with The Post that he was part of multiple conference calls in 2014 with Bannon and Nix, a Briton, in which strategic campaign matters were discussed.
Wylie said these conversations also often featured discussions about the legal issues raised in the July 2014 Levy memo, which was made public in recent days by Wylie. The memo was previously reported by the Guardian, a British paper, and the New York Times.
Levy did not respond to requests for comment. Cambridge Analytica had told the Times previously that “personnel in strategic roles were U.S. nationals or green card holders” and that Nix “never had any strategic or operational role” in election campaigns in the United States.
Wylie declined to comment on whether he believed that he may have violated U.S. election law while working for Cambridge Analytica.
The restrictions on foreigners working in U.S. elections are broad, election attorneys said, with the key distinctions centering on involvement in campaign decisions
Levy wrote in his July 2014 memo, “Foreign Nationals may work in a U.S. political campaign, but may not play strategic roles including the giving of strategic advice to candidates, campaigns, political parties, or independent expenditure committees. On the other hand foreign nationals may act as functionaries that collect and process data, but the final analysis of said data should be conducted by U.S. citizens and conveyed to any U.S. client by such citizens.”
Brett Kappel, a campaign finance lawyer at Akerman LLP, said the accounts of Wylie and the other former Cambridge Analytica workers raises legal concerns. “If Mr. Wylie's allegations are true, the Justice Department could prosecute Cambridge Analytica and its managers for knowing and willful violations of the prohibition on foreign national contributions.”
Trevor Potter, a campaign finance attorney who advised the 2008 presidential campaign of Sen. John McCain (R-Ariz.), said that “it is permissible for campaigns to hire foreigners” as long as they are involved in lower-level activity in a campaign.
“It would be a problem for a U.S. super PAC — or any other domestic political actor — to have foreign nationals involved in running a political operation, including making decisions on strategy, targeting and expenditures for that political entity,” he said. “If foreigners were involved in the senior levels of decision-making for a political organization, that would be a violation of federal law.”
A 2014 Cambridge Analytica post-election report describing its work in congressional and legislative races said that the company played a central role in the Oregon congressional race for Republican Arthur B. Robinson. The report also indicated that it had played this role within the bounds of the law. Robinson lost that election.
“For the Art Robinson for Congress campaign, Cambridge Analytica SCL assumed a comprehensive set of responsibilities and effectively managed the campaign in its entirety, with strategic advice channeled through US nationals on the CA-SCL team,” the document said.
The plan, according to the document, was to focus on “rehabilitating Dr. Robinson’s image with voters by presenting him as a sympathetic family man and serious scientist rather than as the extremely right-wing, unstable ‘mad scientist’ caricature created by the opposition over the previous two campaigns.”
Robinson, reached by The Post, said that his 2014 campaign hired the company, which provided useful services to his experienced campaign crew. He said he met Nix once and did not know about the nationalities of the other employees he encountered.
“Cambridge was very helpful,” he said, noting that the company and his team “melded and worked side by side.”
Former Cambridge Analytica workers said there were few U.S. citizens among their ranks. Yet they routinely worked on U.S. campaigns, developing messages, creating campaign materials such as ads and videos, and helping the campaigns decide whom to target with those messages.
“The nature of targeting is fundamentally influential to the direction of a campaign because you’re deciding what messages go to whom and when,” Wylie said. “There’s no such thing as managing targeting in a non-influential way.”
Questions about the legality of Cambridge Analytica’s actions crystallized in the immediate aftermath of the 2014 vote, during which Republican candidates — including those helped by Cambridge Analytica — made significant gains.
In a video conference featuring Levy, the attorney brought up the restriction on foreigners working in U.S. campaigns, said a former Cambridge Analytica worker who heard the call and spoke on the condition of anonymity. For some company workers in the London office, it was the first indication of any potential violation of U.S. law, causing them unease at an otherwise celebratory moment.
“It only percolated down to the ranks once it was too late,” the former CA employee said.
This former employee added, “CA didn’t handle only data. They have decided targeting strategy. They helped decide messaging.” The ranks of company campaign workers included a “small handful of U.S. citizens” but dozens of foreign workers.
The former Cambridge Analytica workers did not provide information about what transpired in 2016, when the company did work for Cruz and Trump.
Officials from those two presidential campaigns said Sunday that their organizations took pains to comply with the federal restrictions on foreigners in U.S. elections.
Catherine Frazier, spokeswoman for the Cruz team, said that data scientists from other countries “reported to their American supervisors — who then reported to our senior staff — to ensure they were not part of the ultimate decision-making by the campaign.”
A Trump campaign official, speaking on the condition of anonymity because the official was not authorized to speak to the press, said the Cambridge team was managed by a U.S. citizen to ensure compliance.
Nix, the chief executive, has portrayed his role as central to Trump’s winning effort, though others involved in the campaign have expressed doubts about this.
He told TechCrunch in 2016 that Cambridge Analytica, which federal records show was paid at least $6 million by the Trump campaign, was key to campaign decisions on data analytics, research, digital advertising, television spots and collecting donations: “Overnight [the contract] went from being originally just data, to end to end.”
Nix made similar claims in secretly recorded video released in recent days by Channel 4 in Britain, saying the company “did all the research, all the data, all the analytics, all the targeting, we ran all the digital campaign, the television campaign, and our data informed all the strategy.”