Alabama Daily News: Sources say AG candidate Mitchell sought funding he now calls ‘dark money’

Read the full story from Alabama Daily News here.

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BY MARY SELL

Republican candidate for Alabama Attorney General Jay Mitchell has repeatedly criticized primary opponent Katherine Robertson for accepting $1.1 million in campaign donations from what he describes as an anti-Trump, “dark money” group.

Now those involved with the conservative legal movement say Mitchell sought that group’s very backing. And a May email obtained by Alabama Daily News shows a direct outreach by a Mitchell colleague to Leonard Leo, the financial powerhouse behind the contributions.

Mitchell’s campaign and the email’s author on Monday said that writing was an attempt to keep Leo’s influence out of the race, not solicit funds.

The May 24 email is from attorney John Smyth of Maynard Nexsen, the Birmingham law firm where Mitchell previously and currently works. 

Both Smyth and Mitchell are members of the Federalist Society. Leo is the co-chair of the Federalist Society’s Board of Directors. More significantly, he’s behind a network of PACs and entities funneling big money to conservative candidates around the nation. His end goal is to influence policy and he’s credited with helping shape the current U.S. Supreme Court under President Donald Trump.

Smyth in the email asked Leo if they could discuss the AG race.

“As you are likely aware, Jay Mitchell has resigned from the Alabama Supreme Court this week and will soon declare his candidacy,” Smyth wrote. “Jay has been an important figure in the conservative legal movement in Alabama and, with the exception of your friend Bill Pryor, has done as much or more than anyone in the state to promote the Federalist Society and to advance opportunities for young conservative lawyers.  He is going to have widespread support from conservative lawyers and the business community here.  There are rumors going around that your group intends to make a significant campaign contribution to one of Jay’s opponents.  Please let me know a good time for a quick phone call to discuss …”

About a month later, First Principles Action, Inc., part of Leonard’s campaign finance network, gave $1 million to Robertson, who is current Attorney General Steve Marshall’s chief counsel. Another $100,000 followed a few weeks later.

A long-time associate of Leo and his networks argued to ADN that the overture amounted to an appeal for the very funding Mitchell now criticizes. 

“He sought the support, thought he had it, but never did and now he is acting like ‘jilted Jay,’” said Chris Jankowski, who has helped manage various Leo funds, including the Judicial Crisis Network. “This is not only dishonest, but feels personal.”

But Smyth on Monday told Alabama Daily News that he was trying to convince Leo not to get involved in the race at all.

“The intention of my email and my subsequent phone call with Mr. Leo was not to ask him to support Jay, but rather to ask him not to make a sizable contribution to one of Jay’s opponents when this is an Alabama Republican primary that ought to be decided by voters and donors in Alabama,” Smyth said.

Mitchell wasn’t available to comment Monday, but his campaign sent a statement.

“This (e-mail) is a perfect example of what has been true about Jay Mitchell’s campaign since day one—it’s powered by and for Alabama conservatives, who oppose the way out-of-state, anti-MAGA forces have chosen to meddle in this race,” the statement said.

Mitchell’s campaign earlier this month put up the website katherinerobertsonfacts.com. 

“Anti-MAGA forces have found their candidate for Alabama Attorney General: Katherine Robertson,” the site says. “And they’re writing million-dollar checks to make it happen.”

The site doesn’t directly mention Leo, but does feature his picture attached to Alabama Political Reporter stories on the contributions.

The email from Smyth was not the lone overture to Leo from the Mitchell camp, according to a Federalist Society insider familiar with Michell’s activities.

“Jay Mitchell’s new website has raised eyebrows given his long history of attending Federalist Society events large and small, public and private, inside and outside of Alabama,” the source told Alabama Daily News. “Mitchell has long linked himself to the Federalist Society and Leonard Leo, and he spent months reaching out asking for support in the lead up to announcing his AG campaign. This sudden heel turn feels like a situation where he is either lying on this website about his views today, or he was lying about his views all the way up to this spring. Either way, this is some rank dishonesty.”

Smyth chairs Maynard Nexen’s complex and commercial litigation practice group. Prior to his election to the Alabama Supreme Court in 2018, Mitchell was a litigation attorney with what was then Maynard, Cooper and Gale. According to the Alabama State Bar’s membership list, Mitchell is again practicing there. 

Smyth personally donated $2,500 to Mitchell’s campaign in June, according to campaign finance records. In fall 2023, he gave $2,500 to Mitchell’s supreme court reelection efforts.

Leonard, First Principles and Trump

Most of Robertson’s money to date, $1.1 million of about $1.7, has come from First Principles. The donations aren’t as transparent as a donation from an Alabama PAC, Robertson’s acceptance of the money is legal under Alabama law.

A recent Rolling Stone article outlined how some of the funds flow. Leo, through his Lexington Fund, put $2 million into the relatively new First Principles PAC, registered in Tennessee. It has the same Nashville address as First Principles Action, Inc., which donated to Robertson. The non-profit 501(c)(4) is run by Peter Bisbee, the former executive director of the Republican Attorneys General Association. He also previously worked for the Federalist Society.

Leo has been involved in other recent GOP attorney general primaries, including in Missouri.

In late May, Trump railed against Leo on social media, Politico reported, calling him a “sleazebag” who “probably hates America.”

The post came after a Trump-appointed federal judge was on a three-judge panel that blocked Trump tariffs that month.

“I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations,” Trump wrote. “This is something that cannot be forgotten!”

Politico also reported Trump’s been disappointed with Leo because the three conservative justices he appointed to the court on Leo’s advice did not intervene to keep Trump in office after he lost the 2020 presidential election.