Case 2:14-cv-09448-R-FFM Document 15-4 Filed 12/15/14 Page 1 of 9 Page ID #:149

1 QUINN EMANUEL URQUHART & SULLIVAN LLP

Harold Barza (California Bar No. 80888)
halbarza@quinnemanuel.com
2
Carolyn Thomas (California Bar No. 286441)
carolynthomas@quinnemanuel.com
3
865 S Figueroa St, 10th Floor
4 Los Angeles, CA 90017
Telephone: (213) 443-3100
5
QUINN EMANUEL URQUHART & SULLIVAN LLP
6 William Burck (DC Bar No. 4015426) (pro hac vice)
williamburck@quinnemanuel.com
7 Derek Shaffer (California Bar No. 212746)
derekshaffer@quinnemanuel.com
8 Jonathan Cooper (DC Bar No. 999764) (pro hac vice)
jonathancooper@quinnemanuel.com
9 777 Sixth Street NW, 11th Floor
Washington, DC 20001
10 Telephone: (202) 538-8000
11 Attorneys for Plaintiff
Americans for Prosperity Foundation
12
13
14

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

15 AMERICANS FOR PROSPERITY

FOUNDATION,
16
Plaintiff,
17
vs.
18
KAMALA HARRIS,
19 in her Official Capacity as
Attorney General of California,
20
Defendant.
21
22
23
24

Case No. 2:14-cv-09448-R-FFM

DECLARATION OF MARK V. HOLDEN
Hearing Date: January 20, 2015
Hearing Time: 10:00 AM
Courtroom: 8
Judge: Hon. Manuel L. Real

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I, Mark V. Holden, declare as follows:

1.

I am the Senior Vice President and General Counsel for Koch

3 Industries. Unless otherwise indicated, the facts below are based on my personal
4 knowledge obtained in my capacity as Koch Industries General Counsel.
5

2.

In the course of my duties, I monitor and respond to threats issued

6 against David Koch and Charles Koch, including threats issued due to their
7 connection with third-party groups, including their actual or perceived involvement
8 with the Americans for Prosperity Foundation (Foundation).
9

3.

The Foundations events and offices throughout the country regularly

10 draw protests. At these protests, David Koch and Charles Koch are often called out
11 by name, and persons associated with the Foundation are often threatened with
12 violence. For example, at the Foundations 2011 summit held at the Convention
13 Center in Washington DC, violent protestors tried to storm the Convention Center,
14 physically accosted and injured some of the attendees when they exited the
15 Convention Center, and placed the remaining attendees at serious risk.1
16

4.

Over the past few years, David Koch and Charles Koch have also faced

17 unrelenting threats and attacks via social media, phone calls, email, and protests
18 outside their homes and places of business, due in part to their work with, or
19 perceived ties to, the Foundation. The threats are serious and often horrific, ranging
20
1

See Clare OConnor, Occupy the Koch Brothers: Violence, Injuries, and Arrests
at DC Protest, Forbes (Nov. 5, 2011), http://www.forbes.com/sites/clareoconnor/
2011/11/05/occupy-the-kochs-violent-clashes-injuries-and-arrests-at-protest-against22
corporate-greed/; Matthew Boyle, Conservative Group Staffers, Event Attendees:
911
Hung Up On Us Four Times During Occupy DC Mob, Daily Caller (Nov. 7,
23
2011), http://dailycaller.com/2011/11/07/koch-group-staffers-event-attendees-91124 hung-up-on-us-four-times-during-occupy-dc-mob/.
21

1
DECLARATION OF MARK V. HOLDEN

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Exhibit A

Exhibit A
Page 3

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SOCIAL MENTIONS (threatening/harmful)

Exhibit A
Page 4

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Exhibit A
Page 5

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Exhibit A
Page 6

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EMAIL (threatening/harmful/negative)

Exhibit A
Page 7

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Exhibit A
Page 8