July 2, 2020

The Honorable Mark Meadows

Chief of Staff
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear Chief of Staff Meadows:

The Senate Foreign Relations Committee is currently reviewing the nomination of Mark
Burkhalter to serve as U.S. Ambassador to Norway. I write to you today because Mr. Burkhalter
has concealed a disturbing set of facts from the Committee.

Specifically, Mr. Burkhalter failed to disclose his involvement in a lawsuit and ethics
investigation related to his role in the production of a racist campaign flyer. These actions should
disqualify anyone from Senate confirmation. During this time of national trauma and reckoning
over violence and racist actions against African-Americans, however, it is unthinkable to
nominate for a position of public trust an individual who participated in such a despicable, racist
scheme. I therefore urge you to immediately withdraw his nomination.

According to public court filings, in 1994, Mr. Burkhalter was involved in the production of a
racist campaign flyer—distributed just days before an election—that distorted the image of an
African-American political candidate, Gordon Joyner, by darkening certain of his features,
giving him a prominent “afro” that he did not have, making his lip thicker, and warping the
appearance of one of his eyes. 1 At a meeting Mr. Burkhalter attended before the flyer’s creation,
attendees discussed “that white voters in North Fulton County were unaware that Gordon Joyner
is black” and more than 100,000 flyers were targeted “to white voters in North Fulton County.” 2
In the days after the flyer was sent, it received ample press coverage, created public outrage
among the citizens of Fulton County, and led Mr. Joyner to file a libel lawsuit.

Mr. Burkhalter was subsequently deposed in that suit, and according to court filings citing his
and other depositions, he delivered the materials for the flyer, directed that the flyer be attributed
to a fake Political Action Committee (PAC), and provided a fake P.O. Box for it. 3 He also

1
Joyner v. Taxpayers for Freedom et al., (including Joseph Mark Burkhalter), Second Amended Complaint at 6,
Case No. E-32255 (Fulton County Superior Court, Ga. Mar. 03, 1995).
2
Joyner v. Taxpayers for Freedom et al., Brief in Support of Plaintiff’s Motion to Amend Complaint to Add
Additional Defendants at 4, Case No. E-32255 (Fulton County Superior Court, Ga. Jan. 20, 1995).
3
Id. at 4-6.
authorized payment for part of the flyer’s printing, approved of its release before it was sent, said
he thought “it looked a little funny,” and admitted the campaign for which he served as chairman
took steps to cover up its payment for the flyer’s distribution. 4 Although he had denied playing a
role in the flyer at the time, he later settled and signed a letter taking full responsibility for the
flyer. 5

Furthermore, after a Republican state senator submitted a complaint against Mr. Burkhalter for
his failure to properly disclose a payment for the flyer’s production, the Georgia State Ethics
Commission found probable cause to initiate an investigation of him for violating the Georgia
Ethics in Government Act. 6 Mr. Burkhalter’s lawyers tried multiple times to get the case
dismissed, and Mr. Burkhalter himself personally wrote letters to try and reduce a proposed civil
penalty and delay a second hearing in the case. 7 After nearly a year of proceedings, which
included appearing in person before a hearing of the Ethics Commission, Mr. Burkhalter signed a
consent order stating that he personally authorized payment for the flyer, failed to properly
disclose the payment, and agreed that he violated Georgia law and would pay a civil penalty. 8

Yet, Mr. Burkhalter failed to disclose any of these facts to the Committee. Given the attention to
the case at the time and the consequences to Mr. Burkhalter’s reputation and position as a result
of the litigation and ethics complaint, any claim that Mr. Burkhalter merely forgot these events
strains credulity.

At a minimum, advice and consent means that we ensure that the individuals we confirm are not
only experienced and qualified, but suitable for public service. Mr. Burkhalter’s participation in
the scheme to produce a racist campaign flyer, and his failure to be forthcoming with the
Committee about the lawsuits and ethics complaints that arose from such a despicable scheme,
means that the nominee does not meet the basic bar of being suitable for public service or a
position of public trust. Therefore, I urge you to ensure that the President immediately withdraws
his nomination.

Sincerely,

Robert Menendez
Ranking Member

4
Id. at 9-11; 22; 24-25; Attachment I.
5
See Attachment C.
6
See Attachments D, E.
7
See Attachments G, H.
8
See Attachment I.
CC: Senator James E. Risch, Chairman, Senate Foreign Relations Committee

Encl: Attachment A: Second amended complaint

Attachment B: Brief in support of motion to add additional plaintiffs
Attachment C: Letter admitting responsibility
Attachment D: Ethics investigation notice and attached complaint
Attachment E: Ethics Commission summary of investigation
Attachment F: Notice of hearing and hearing transcript
Attachment G: Letters from Burkhalter to Ethics Commission
Attachment H: Rejection of dismissal request
Attachment I: Signed consent order and civil penalty payment
ATTACHMENT
A
-..
"

SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

GORDON L. JOYNER, )
)
PLAINTIFF )
)
V. ) Civil Action File No. E-32255
)
TAXPAYERS FOR FREEDOM, )
JACKSON D. LETTS, JONATHAN )
BEACHER, MITCH J. SKANDALAKIS, )
JOSEPH MARK BURKHALTER, JOHN E.)
RAMSEY, III, BEACHER & CO., and )
MBV, INC., D/B/A THE VICTORY TEAM)
)
DEFENDANTS )

SECOND AMENDED COMPLAINT

The second amended complaint of the plaintiff, Gordon L. Joyner, respectfully alleges the

following:

1.

Libel is defined under Georgia law as:

a false and malicious defamation of another, expressed in print, writing, pictures

or signs, tending to injure the reputation of the person and exposing him to public
hatred, contempt or ridicule.

0 .C.G.A. § 51-5-l(a).

2.

Plaintiff Gordon L. Joyner is a citizen of Fulton County of African-American descent, an

attorney-at-law, currently serving as a member of the Board of Commissioners of Fulton County

0005365.01
and who was running as a candidate for reelection at the general election held on November 8,

1994.

3.

Defendant "Taxpayers For Freedom" is the name of a fictitious political action committee

concocted by defendant Burkhalter, with the express approval and participation of defendants

Skandalakis, Beacher and Ramsey for the purpose of hiding and concealing their true identities

from both the plaintiff and the public, and for the purpose of obstructing and delaying plaintiff

from obtaining redress from the defendants for their tortious and malicious acts of libel against

plaintiff; defendant "Taxpayers For Freedom" has already been served with process in this

action.

4.

Defendant Jackson D. Letts is a resident of Cobb County, residing at 3772 Boulevard

Hills Road, and who has already been served with process in this action. Defendant Letts joined

the conspiracy by agreeing with defendant Burkhalter to act as chairman and treasurer of

Taxpayers for Freedom, and subsequently registering with the Secretary of State of Georgia as

the chairman and treasurer of "Taxpayers For Freedom," with knowledge that the other

defendants intended to use the name to "facilitate" the mailing of a negative flyer attacking

plaintiff Gordon Joyner.

5.

Mr. Demetrius (Mitch) J. Skandalakis is the Chairman of the Board of Commissioners of

Fulton County. Mr Skandalakis is a resident of Fulton County residing at 5610 Windy Ridge

Dr., N. E. Atlanta, Georgia and can be served with process at that address.

000536 5. 01 2
 6.

Mr. Jonathan Beacher is a resident of Fulton County residing at 520 Flying Scot Way,

Alpharetta, Georgia 30202 and can served with process at that address.

7.

Mr. John E. Ramsey was at all times relevant the Finance Chairman, Skandalakis

for Commissioner Campaign. Mr. Ramsey is a resident of Fulton County, residing at 3108 East

Wood Valley Road, Atlanta, Georgia 30327 and can be served with process at that address.

8.

Joseph Mark Burkhalter was at all times relevant the Chairman, Skandalakis for

Commissioner Campaign. Mr. Burkhalter is a resident of Fulton County, residing at 345 Rolling

Mist Court, Alpharetta, Georgia, 30202 and can be served with process at that address.

9.

Beacher & Company is a Georgia corporation with its registered agent, registered office

and principal place of business in Fulton County. It can be served by service upon its President

and registered agent for service of process, Mr. Jonathan Beacher, at 520 Flying Scot Way,

Alpharetta, Georgia 30202.

10.

MBV Inc. d/b/a The Victory Team is a Georgia corporation owned by Mitch

Skandalakis and his father. Its registered office, registered agent and principal place of business

are in Fulton County. It can be served by service upon its registered agent for service of process,

Christopher B. Manos, Jr., 4 Concourse Parkway, Suite 145, Atlanta, Georgia 30328.

0005365.01 3
 11.

Each of the above defendants is subject to the jurisdiction of this Court. Venue is proper

in this Court pursuant to Georgia. Const. Art. 6, §2, ,r,r 4 and 6.

COUNTI

LIBEL AND CONSPIRACY TO LIBEL AGAINST ALL DEFENDANTS

12.

Defendants Taxpayers for Freedom, Jackson D. Letts, Jonathan Beacher, Mitch J.

Skandalakis, Joseph Mark Burkhalter, John E. Ramsey, III, Beacher & Co., and MBV, Inc.,

d/b/a the Victory Team are jointly and severally liable for having libeled plaintiff by publication

of the flyer attached hereto as Exhibit "A," as more fully set forth in this Count I.

13.

Paragraphs 1-11 above are incorporated herein by reference as if repeated verbatim

herein.

14.

Defendants have conspired to libel plaintiff by (a) causing a photograph of plaintiff to be

altered to convey a false and defamatory picture of plaintiff; (b) causing the false picture of

plaintiff to be printed with captions entitled "Gordon Joyner"; (c) causing the false picture of

plaintiff to be mailed to thousands of predominately white citizens in Fulton County under the

name of a non-existent organization, "Taxpayers For Freedom"; and (d) attributing false

statements to plaintiff, all for the purpose of defaming plaintiff and casting plaintiff in a false

light and with the intent of injuring plaintiff in his trade, business or profession both as a

0 0 05 365.01 4
practicing attorney-at-law and as a member and candidate for reelection to the Board of

Commissioners of Fulton County.

15.

On the eve of the November 8, 1994 General Election at which plaintiff Joyner was a

candidate to succeed himself as a member of the Fulton County Commission, defendants

conspired to libel and defame plaintiff by publishing through the United States mails a card

stating that it was "Paid for by Taxpayers For Freedom," and giving a post office box 12944 in

Atlanta as its address, and mailed this false and defamatory picture of plaintiff to thousands of

citizens residing in the predominately white residential areas of Fulton County. A true and

correct copy of this card is attached as Exhibit A and is incorporated herein by reference.

16.

Printed on both the front and the back of the card was what was represented to be a true

and accurate photograph which was captioned "Gordon Joyner."

17.

The photograph on the card photograph on the card was not a true representation of

plaintiffs likeness, but had been deliberately altered and doctored by the defendants to convey a

false and defamatory image of plaintiff, and to cast him in a false light.

18.

Defendants caused the following alterations to be made on a photograph of plaintiff to

create a false picture of the Gordon Joyner depicted on the card, and to cast him in a false,

sinister and defamatory light:

00 0 5365 . 01 5
 (a) The picture on the card portrays Gordon Joyner as having a prominent "afro" hair

style, when in truth plaintiff does not.

(b) The right eye in the picture on the card was made to appear lower than the left

eye, when in truth plaintiffs right eye is not lower than his left eye.

(c) The eyebrows, mustache and beard in the photograph were made darker than they

appear in a normal photograph of plaintiff.

(d) The lower lip in the picture on the card was made to appear thicker than plaintiffs

lip, distorting plaintiffs true appearance.

19.

The defendants willfully conspired to and did in fact have cards bearing the false picture

of plaintiff and false statements attributed to plaintiff printed and mailed to thousands of

predominately white voters in Fulton County on November 3 and November 4, immediately

prior to the November general election for the purpose of conveying a false and defamatory

picture of plaintiff; defendants also attributed false statements to plaintiff that defendants knew to

be false and with the intent of injuring plaintiff and casting a false image of plaintiff in the minds

of voters of Fulton County, thereby injuring plaintiff in his trade, business, or profession

primarily as a member of and candidate for reelection to the Fulton County Commission, but also

as a practicing attorney at law.

20.

Defendants mailed the cards bearing the false pictures captioned "Gordon Joyner"

primarily to white voters residing in the northern part of Fulton County, for the purpose of

instilling and inciting racial fears and prejudices on the part of those voters.

0005365 . 01 6
 21.

Each of the defendants acted in bad faith with actual malice, with actual knowledge that

the photograph of the plaintiff had been altered to convey a false picture of plaintiff and that the

statements attributed to plaintiff were fabricated and false, all with specific intent to cause harm

to the plaintiffs image and reputation by conveying a false and defamatory picture of plaintiff as

a person who was not worthy of reelection to a position of public trust and confidence and

casting him in a false light. These actions show willful misconduct, malice, fraud wantonness,

oppression, or that entire want of care which would raise the presumption of conscious

indifference to consequences.

22.

Plaintiff has demanded a retraction pursuant to O.C.G.A. § 51-5-1 l(a) from all

defendants. No retraction has been made.

23.

This is the type of libel which tends to injure the victim in his occupation, trade or

business. Plaintiff has been damaged in his occupation, trade, business and profession both as

an attorney-at-law and as a member of and candidate for reelection to the Board of

Commissioners of Fulton County as a result of the tortious and malicious acts of defendants.

0005365.01 7
 COUNT II

LIBEL AND CONSPIRACY TO LIBEL AGAINST DEFENDANTS

SKANDALAKIS, BEACHER, BEACHER & CO.,
and MBV, INC., D/B/A THE VICTORY TEAM

24.

Defendants Jonathan Beacher, Mitch J. Skandalakis, Beacher & Co., and MBV, Inc.,

d/b/a the Victory Team are jointly and severally liable for having libeled plaintiff by publication

of the flyer attached hereto as Exhibit "B," as more fully set forth in this Count II.

25.

Paragraphs 1-23 above are incorporated herein by reference as if repeated verbatim

herein.

26.

Defendants Skandalakis, Beacher, Beacher & Co., and MBV, Inc., d/b/a the Victory

Team have conspired to libel plaintiff by causing false and defamatory statements about

plaintiff to be printed in a second flyer and to be mailed to thousands of citizens in Fulton

County, on or about November 2 or 3, 1994. A copy of this second negative brochure is attached

as Exhibit B and is incorporated herein by reference. This second negative brochure was

distributed purportedly under the auspices of the Georgia Republican Party with pictures of

Joyner and Farris under the banner, "The Question Isn't Black or White."

27.

Although the second flier states that it was paid for by the Georgia Republican Party

(which was true), in fact the Georgia Republican Party did not authorize or approve mailing of

0005365. 01 . 8
the flier attached as Exhibit B which went out at its expense. The Republican Party had prepared

a different piece and, for mailing, had given it to Beacher and MBV, Inc. to be printed and

mailed. Defendants Skandalakis, Beacher, Beacher & Co., and MBV, Inc. substituted a different

brochure without authorization from the Republican Party. The brochure was altered to include

the false statement that "Joyner, an appointee of Michael Lomax, has shown he is for higher

taxes." It was known by defendants Beacher, Skandalakis, Beacher & Co. and MBV, Inc. d/b/a

The Victory Team that plaintiff Joyner was in fact appointed by Governor Joe Frank Harris. It

was also well known by defendants Beacher, Skandalakis, Beacher & Co. and MBV, Inc. d/b/a

The Victory Team that Lomax's name carried "high residual negatives" in North Fulton County

and that it would harm Joyner to falsely state he was appointed by Lomax. This false statement

was made knowingly, intentionally and maliciously with the intent of casting a false image of

plaintiff in the minds of voters of Fulton County, with the specific intent to cause harm to

plaintiff, in his trade, business or profession both as a practicing attorney-at-law and as a

member and candidate for reelection to the Board of Commissioners of Fulton County.

28.

Defendants Beacher, Skandalakis, Beacher & Co. and MBV, Inc. d/b/a The Victory Team

acted in bad faith with actual malice, with actual knowledge of the falseness of the statement in

the brochure, and with specific intent to cause harm to the plaintiff's image and reputation by

conveying a false and defamatory statement about plaintiff and casting him in a false light.

These actions show willful misconduct, malice, fraud wantonness, oppression, or that entire want

of care which would raise the presumption of conscious indifference to consequences.

0005365.01 9
 29.

Plaintiff demanded a retraction pursuant to O.C.G.A. § 51-5-1 l(a) from defendants. No

retraction has been made.

30.

This is the type of libel which tends to injure the victim in his occupation, trade or

business. Plaintiff has been damaged in his trade, business and profession both as an attomey-

at-law and as a member of and candidate for reelection to the Board of Commissioners of Fulton

County as a result of the tortious and malicious acts of defendants.

WHEREFORE, plaintiff, Gordon L. Joyner, respectfully prays that he have and recover a

joint and several judgment against the defendants for damages as compensation for the injuries

to his public image and reputation in his trade, business or profession both as a member of and

candidate for reelection to the Board of Commissioners of Fulton County, and as an attomey-at-

law, as a result of the tortious and malicious acts of defendants, and punitive damages, attorneys'

fees, costs and other expenses of litigation as may be determined in a trial by jury.

Emmet J. Bondurant
State Bar No. 066900
Michael B. Terry
State Bar No. 702582
BONDURANT, MIXSON & ELMORE
3900 IBM Tower
1201 West Peachtree Street, N .W.
Atlanta, Georgia 30309
(404) 881-4100

Attorneys for Plaintiff

Gordon L. Joyner

0005365.01 10
Paid for by Taxpayers For Freedom Bulk Rate
US Postage
PO Box 12944 Paid
Atlanta, GA
Atlanta, GA 30342 Permit 1217
Car. Rt. Sort

Vote
For
Me
And
I'll
Raise
Your
Taxes!
I'll vote again not to have tax assessments fixed.
I'll keep Mitch Skandalakis fr9m cutting budgets.
I'll fight for increased Grady Hospital spending.
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