"Letter and Subpoena to Arthur Plews Regarding SBA Voter Registration Activities"
Summary
Letter dated May 7, 2024 from the House Committee on Small Business to Arthur Plews, Chief of Staff of the U.S. Small Business Administration, with a deposition subpoena and the transcript of a scheduled transcribed interview. The letter states that the Committee is investigating the SBA's voter registration Memorandum of Understanding with the Michigan Department of State under E.O. 14019, and that the SBA did not make Plews available for an interview on May 3, 2024. The subpoena commands Plews to testify at a deposition on May 23, 2024. The transcript of the May 3, 2024 session records that Plews did not appear and that majority General Counsel Lauren Holmes read the SBA's email declining the interviews into the record. The session began at 10:04 a.m. and concluded at 10:10 a.m., with the minority declining to speak.
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ROGER WILLIAMS, Texas NYDIA M. VELAZQUEZ, New York
CHAIRMAN RANKING Member
Congress of the Wnited States
YS. House of Representatives
Committee on Small Business
250) Ranbum House Office Building
Washington, HC 20515-0515
May 7, 2024
Mr. Arthur Plews
Chief of Staff
U.S. Small Business Administration
409 3rd Street, SW
Washington, DC 20416
Dear Mr. Plews:
The House Committee on Small Business (the Committee) is investigating the U.S. Small
Business Administration’s (SBA) voter registration activities. The Committee’s attention was
drawn to this matter after the SBA’s March 19, 2024, announcement that it had entered into a
new voter registration Memorandum of Understanding (MOU) with the Michigan Department of
State purporting to help facilitate voter registration in the State of Michigan.' The MOU is the
SBA’s implementation of President Biden’s March 2021 Executive Order on Promoting Access
to Voting (E.O. 14019).
The next day, during a Committee hearing regarding oversight of the SBA, several
Committee Members expressed concerns about the timing and location of the initiative and
whether the SBA is reaching beyond its statutory authority to improperly involve itself in the
election process of a battleground state.> Members asked the SBA to provide “every email and
every official correspondence to small businesses and interagency on those discussions related to
requesting, enticing companies to register.”* The SBA, to date, has failed to provide any of those
documents. Further, in questions for the record submitted to the SBA after the hearing, multiple
Members asked additional questions and requested additional documents around the voter
registration efforts. These, to date, also remain unanswered.
On April 4, 2024, the Committee formally launched an investigation to uncover why the
SBA is focusing on registering voters in Michigan while small businesses throughout the nation
struggle to survive under the Biden Administration’s policies. The Committee requested that the
SBA produce seven categories of documents, including the MOU itself, by April 18, 2024.
Unfortunately, the SBA failed to provide a briefing, narrative response, or any documents by the
' Press Release, U.S. Small Bus. Admin., SBA Administrator Guzman Announces Agency’s First-Ever Voter
Registration Agreement with Michigan Department of State (Mar. 19, 2024)
? Joseph R. Biden, Exec. Order 14019, Promoting Access to Voting, Mar. 7, 2021, 86 F.R. 13623.
> See Conducting Oversight: Testimony from the Small Business Administrator: Hearing Before H. Comm. on Small
Bus., 118th Cong. (Mar. 20, 2024),
4 Id.
Mr. Arthur Plews
May 7, 2024
Page 2 of 3
deadline. The SBA eventually provided a narrative response on April 26, 2024. This response
was less than a page long and was simply a regurgitation of the press release the SBA released on
March 19, 2024. This so-called response did not answer any of the questions nor provide any
requested documents.
The Committee sent a follow-up letter on April 18, 2024, requesting a voluntary
transcribed interview with you, Mr. Plews, on May 3, 2024, after a video recording with
information pertinent to the investigation was made public the previous day. In this video, SBA
Special Advisor Tyler Robinson, who reports directly to you, made allegations about improper
conduct at the SBA related to this investigation. When Majority staff was able to reach the SBA
by telephone to discuss your availability, the SBA did not even attempt to negotiate the date or
time of this interview, and instead opted to blatantly ignore the request. The SBA continued its
disregard for the Chairman’s request even during a conversation with Majority staff on the day
before your scheduled interview, declining to provide any alternative dates you would be
available. Despite the utter lack of engagement from the SBA, the Chairman elected to move
forward with the interview as scheduled. As the transcript from that interview shows, the SBA
failed to make you available for the interview or to even negotiate with the Committee over the
date and time for a transcribed interview with you.
Further, two nights before your interview, the SBA emailed and said, “[w]e stand ready
to brief the Committee on the MOU this Friday, May 3 via Teams...we will not be making
officials available for transcribed interviews this week.” The Committee accepted the briefing,
which occurred on May 3, 2024. When Committee staff attempted to ask questions about the
video and the allegations contained therein, the SBA shut down the questioning. When
Committee staff asked questions about the briefer’s role at the SBA as it relates to their
experience with voter registration, SBA staff again shut down the questions. The SBA’s refusal
to make either you or your direct report, Mr. Robinson, available for interviews, or even discuss
available dates, on top of SBA staff’s refusal to answer basic questions in the briefing, is
unacceptable. The briefing provided by the SBA staff was wholly inadequate and does not
obviate the need for the Committee to receive your testimony.
The Committee on Small Business has broad authority to investigate “problems of all
types of small business” under House Rule X, including the SBA’s engagement in voter
registration under E.O. 14019 and the MOU. Pursuant to this authority, the Committee has
identified specific individuals’ testimony that is necessary to conduct this constitutionally based
oversight. Unfortunately, the SBA has refused to engage on these requests. To ensure there is no
further undue delay and that the Committee can obtain critical testimony to evaluate legislative
solutions, attached to this letter is a subpoena for you to appear for a deposition on May 23,
2024, in Washington, D.C.
Mr. Arthur Plews
May 7, 2024
Page 3 of 3
The subpoena has been issued pursuant to Rule X1.2(m)(1)(B) of the Rules of the House
of Representatives and Rule 9(A) of the Committee’s rules. If you have any questions regarding
this subpoena, please coordinate with Lauren Holmes, General Counsel for the majority staff, at
lauren.holmes@mail.house.gov.
sincerely
Oye Th AWE
ogee a
ifffian
House Committee on Small Business
SUBPOENA
BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE
CONGRESS OF THE UNITED STATES OF AMERICA
To Arthur Plews
You are hereby commanded to be and appear before the
House Committee on Small Business
of the House of Representatives of the United States at the place, date, and time specified below.
[) to produce the things identified on the attached schedule touching matters of inquiry committed to said
committee or subcommittee; and you are not to depart without leave of said committee or subcommittee. ,
Place of production:
Date: Time:
to testify at a deposition touching matters of inquiry committed to said committee or subcommittee;
and you are not to depart without leave of said committee or subcommittee.
Place of testimony: 2360 Rayburn House Office Building, Washington, D.C. 20515
Date: May 23, 2024 Time: 10:00 AM ET
[| to testify at a hearing touching matters of inquiry committed to said committee or subcommittee; and
you are not to depart without leave of said committee or subcommittee.
Place of testimony:
Date: Time
To any authorized staff member or the U.S. Marshals Service
to serve and make return.
Witness my hand and the seal of the House of Representatives of the Jsnited States, at
the city of Washington, D.C. this y of Ma » 2024.
Kost tab
Clerk
man or Authorized Member
coy
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COMMITTEE ON SMALL BUSINESS,
U.S. HOUSE OF REPRESENTATIVES,
WASHINGTON, D.C.
INTERVIEW OF: ARTHUR PLEWS
Friday, May 3, 2024
Washington, D.C.
The interview in the above matter was held in room 2360, Rayburn House Office
Building, commencing at 10:04 a.m.
10
Appearances:
For the COMMITTEE ON SMALL BUSINESS:
CHRIS ECKHARDT, LAW CLERK
LAUREN HOLMES, GENERAL COUNSEL
MATT VANHYFTE, DIRECTOR OF COMMUNICATIONS
ELLEN HARRINGTON, MINORITY DEPUTY STAFF DIRECTOR
MELISSA JUNG, MINORITY STAFF DIRECTOR
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Ms. Holmes. Wecan go ahead and go on the record.
This is the scheduled transcribed interview of Arthur Plews conducted by the
Committee on Small Business under the authority granted under House Rule X and the
rules of the Committee on Small Business.
This interview was requested by Chairman Williams as part of the committee's
oversight of the Small Business Administration's voter registration efforts.
My name is Lauren Holmes, and | am the general counsel with the majority on the
Committee on Smali Business.
For the record, starting with the majority, then minority, can additional staff
members please introduce themselves with their name, title, and affiliation?
Mr. Eckhardt. Christopher Eckhardt, law clerk for the majority staff of the House
Small Business Committee.
Mr. VanHyfte. Matt VanHyfte, director of communications, Committee on Small
Business, majority.
Ms. Harrington. Ellen Harrington, deputy staff director, Committee on
Small Business, minority staff.
Ms. Jung. Melissa Jung, staff director, House Small Business Committee,
minority staff.
Ms. Holmes. Thank you.
Unfortunately, the SBA has failed to make Mr. Plews available today or even enter
into negotiations over the date and time for this transcribed interview.
On Wednesday night, Mr. George Holman, Associate Administrator for
Congressional Affairs at the SBA, sent majority staff an email noting their decision not to
participate in yesterday or today's scheduled interviews.
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| will read the email into the record. Quote:
"Hi, Lauren.
"We stand ready to brief the committee on the MOU this Friday, May 3rd, via
Teams. Ona related note, we plan to share responsive documents related to the
committee's interest in the MOU soon.
"Separately, we will not be making officials available for transcribed interviews
this week. Asa first step, we would appreciate the opportunity to brief your team on
the topics of interest to the committee. After providing a briefing on these issues, we
can discuss your interest in receiving additional information.
"Please let us know if you would like to schedule such a briefing. We look
forward to further discussion as the accommodations process continues and future
engagement with the committee. Please let me know if you have questions."
End quote.
{ responded with, quote:
"Hi, George.
"We do not think a briefing will sufficiently address our concerns. The chairman
requested Tls and that is our continued expectation. We are always happy to negotiate
dates if tomorrow and Friday do not work for Mr. Robinson and Mr. Plews. However, if
you are unable to provide alternate dates they are available for the Tls, we will proceed
as scheduled.”
End quote.
Despite a follow-up conversation last night between majority staff and the SBA,
the SBA declined to provide any alternate dates that Mr. Plews might be made available
for this transcribed interview.
Given the impasse, the chairman elected to move forward with the interview as
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scheduled today.
The time is now 10:07, and the majority will begin their first hour.
We are here today because the committee is investigating the SBA's voter
registration activities. The committee's attention was drawn to this matter after the
SBA's March 19th, 2024, announcement that it had entered into a new voter registration
memorandum of understanding, or MOU, with the Michigan Department of State
purporting to help facilitate voter registration in the State of Michigan.
The MOU is the SBA's implementation of President Biden's March 2021 Executive
Order on Promoting Access to Voting, Executive Order 14019.
The next day, during a committee hearing regarding oversight of the SBA, several
committee members expressed concerns about the timing and location of the initiative
and whether the SBA is reaching beyond its statutory authority to improperly involve
itself in the elections process of a battleground State.
Members asked the SBA to provide, quote, "every email and every official
correspondence to small businesses and interagency on those discussions related to
requesting or enticing companies to register," end quote.
The SBA, to date, has failed to provide any of those documents.
Further, in questions for the record submitted to the SBA after the hearing 6
weeks ago, multiple members asked additional questions to make additional requests for
records and documents around voter registration efforts.
To date, these also remain unanswered.
On April 4th, 2024, the committee formally launched an investigation to uncover
why the SBA is focusing on registering voters in Michigan while small businesses
throughout the Nation struggle to survive under the Biden administration's policies.
The committee requested that the SBA produce seven categories of documents,
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including the MOU itself, by April 18th, 2024. Unfortunately, the SBA failed to provide a
briefing, narrative response, or any documents by the deadline.
The committee sent a follow-up letter on April 18th, 2024, requesting a
transcribed interview with Mr. Robinson and his supervisor, Mr. Plews, after a video
featuring Mr. Robinson with pertinent information to the investigation was made public
on April 17th, 2024.
Rather than negotiating about the date or time of this interview, the SBA has
continued to blatantly ignore this request.
The committee is incredibly concerned that the SBA has improperly involved the
Federal Government in America's electoral processes.
Mr. Robinson confirmed on video that the SBA is campaigning for President Biden.
When asked, "So Guzman is indirectly campaigning for Biden?" he responded, quote,
"Yes. Yeah," end quote.
Further in the video, Mr. Robinson discusses how the SBA has worked around the
Hatch Act to ensure Guzman could travel across the country to help elect Democrats.
From the allegations made in this video, it is clear that Mr. Plews, as
Mr. Robinson's supervisor, has information pertinent to the investigation.
The committee has broad authority to investigate, quote, "problems of all types of
small businesses" under House Rule X, end quote, including SBA's engagement in voter
registration under Executive Order 14019 and the MOU.
Pursuant to this authority, the committee has identified specific individuals’
testimony that is necessary to conduct this constitutionally based oversight.
Unfortunately, the SBA has refused to engage on these requests.
To ensure there is no further undue delay and that the committee can obtain
critical testimony to evaluate legislative solutions, this serves as notice to the minority of
—_
the chairman's intent to subpoena Mr. Plews for testimony.
We have no further questions, and the minority has declined to speak.
can go off the record.
[Whereupon, at 10:10 a.m., the interview was concluded.]
So we
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