Mr. Thompson,
Your question:
You ask whether board members can reach out to Chris Luchini and his counsel to find a path forward. Before the board entertains that question, a more basic one has to be answered: whether members with a personal relationship to the opposing party should be
shaping our posture toward that party at all.
You have disclosed that you, and others here, have a relationship with Mr. Luchini and his counsel. You said:
"I, and others here, have a relationship with Chris Luchini and his counsel - are we permitted to reach out and try to find a path forward?"
I take you at your word, and I appreciate the candor. But that disclosure is precisely why this cannot proceed the way you propose.
A board member who is personally close to the adverse party should not be steering negotiations with that party, nor framing the board's options around reconciliation, while litigation is active. If the positions were reversed and this were the McArdle matter,
with her friends and allies setting the tone for settlement talks, I do not believe this board would accept it. The standard cannot change based on who the friend is. Oliver Hall's continued negligence towards our board's health on conflict-related matters
does not mitigate the officer's liability, regardless of how he has advised you in private.
In re: misrepresentations of fact
On the merits, the picture you described and the record diverge in important ways.
We did not lose this case. A federal court granted the LNC a preliminary injunction against the Liberal Party at the highest standard of review.
That is not a stalemate or a holding pattern. That is a court finding we are likely to prevail.
The factual record also now includes Mr. Luchini's own recorded admission of coordination with the New Mexico Secretary of State, the same democrat officeholder that helped deny our recognized affiliate its ballot access and its presidential line and
forbade the use of our own name. One day after the court's ruling, that Secretary of State cancelled her campaign for Lieutenant Governor. I do not present that timing as proof of anything beyond what it is. It is a documented sequence, and members are capable
of drawing their own conclusions.
Given that record, "what do we want" is not actually unclear. We want what the injunction already moves us toward:
restoration of our affiliate's rights, its name, and its ballot access, on terms that do not reward the conduct the court has now provisionally found against. Reaching out informally, through board members personally connected to the other side, before
the case concludes, does not advance that. It risks surrendering the leverage the court just handed us. It is sabotage.
I want to be clear about what I am and am not saying. I am not saying board members cannot have relationships with people on the other side. They can. I am saying those relationships disqualify those same members from voting on or conducting these specific
negotiations. That is an ordinary conflict-of-interest principle, and applying it protects both those members and the LP from avoidable legal and reputational exposure.
One procedural note for Mr. Chair. This exchange began on the public list. It is not a privileged or executive-session discussion, and I do not think it should be retroactively treated as one. The conflicts at issue here are exactly the kind members are entitled
to see disclosed. If the board wishes to discuss actual litigation strategy, that conversation should be properly noticed as confidential. The question of who is conflicted out of that conversation, however, is a matter of governance, and
belongs in the open.
Accordingly I have restored the public list on this email.
I share the desire to see our New Mexico affiliate whole again. We differ on how. I believe the way to get there is to let the case we are winning do its work, with negotiations handled by members who carry no personal tie to the other side.
Austin Martin
Region 1
Ua mau ke ea o ka ʻāina i ka pono
Good afternoon,
I'm hoping to get clarification on a few items regarding the LPNM:
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Does the injunction, while in effect, prevent them from running candidates? My understanding is that their ballot drive must be completed in July - is that correct?
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If the injunction isn't lifted before then, would this hamper their ballot access chances for 2028?
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If we enter into mediation, court-ordered or otherwise, what is it that we hope to get that the LPNM was not previously willing to offer?
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To what extent can we reach out, and how
have we reached out this term?
I think both sides want to get our affiliate back, however that has to happen.
The LPNM has ~14k members; they have funds (at least presently); they have name recognition; they have Gary friggin' Johnson; they have candidates
and a history of running them. That's a lot of value, and if they're willing to come home, I would love to welcome them back.
So what are the sticking points here, and what is the most unburdened way we can reach out to find compromise and a path forward?
I do not want us to be stuck in a holding pattern where our demands are unknown and we simply press forward with legal action, having no publicly-known end game.
If the goal is to destroy the Libertarian Party of New Mexico, and I hope it's not, then that's one thing.
But if the goal is to get our historic affiliate back home, let them turn their resources to a libertarian future and not legal defense, and reconcile our past issues, then I believe we need to change directions. At the very least, we need better communication
of the base issues in play.
What do we want?
What can we do outside of legal action?
Can we, as board members, reach out?
I, and others here, have a relationship with Chris Luchini and his counsel - are we permitted to reach out and try to find a path forward?
With the law, comes red tape - and I don't know the limits of what we can do. But I don't want our organization so paralized by procedure that we sue those willing to come back, fighting against an organization that should rightfully be fighting
alongside us.
At the very least, should we not bare plain the wishes of our body, so no more legal hours are consumed than are necessary - especially if candidate deadlines are quickly approaching?
I'm not saying there have been no past mistakes from either faction, and I don't want this to devolve into rehashing the reasons for their disaffiliation, the wisdom of it, which side is right, or various alleged behaviors. We need a way forward - together.
I don't think any of us want our Party or theirs to spend more on legal action than is needed, or to drag this our longer than we must.
I believe both sides want a way out.
Let's find it.
In Liberty,
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Keith Thompson
At-Large Representative
Libertarian National Committee
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