Schmidt and Krikorian have tangled repeatedly since the 2008 election cycle, challenging each other before the Ohio Elections Commission, the Ohio courts and U.S. district court.
In the only pending case, Schmidt filed a defamation suit in the Clermont County Common Pleas Court in June against Krikorian, seeking $6.8 million in damages. Krikorian, an Armenian-American has accused Schmidt of accepting funds from Turkish political interests. In October 2009, the Ohio Elections Commission ruled that Krikorian made false statements when he circulated a flier in 2008 containing similar accusations.
In his second complaint to the OCE, filed in late January, Krikorian highlights a series of documents generated in that Clermont County case.
In particular, Krikorian points to a document related to a request from Schmidt’s legal team to allow Fein to appear in the Ohio court that acknowledges Fein is not paid by Schmidt or her campaign.
“As defendants acknowledge, Mr. Fein has testified under oath that he never provided free legal services to plaintiff,” Schmidt’s Ohio-based attorney Donald Brey wrote. “The Turkish Coalition of America ... has consistently funded Fein’s representation of Jean Schmidt as senior counsel at the Turkish American Legal Defense Fund ... for the duration of her several legal actions against Defendant Krikorian.”
When asked about the accuracy of that statement Friday, Fein declined to respond, citing the OCE’s request. Fein was also a former counsel to Congress in the Iran-Contra probe and a deputy attorney general under the Reagan administration.
Pfaff did not indicate Monday whether Schmidt or her office had been contacted by the OCE, but he said in a statement: “Congresswoman Schmidt would welcome any action by the Office of Congressional Ethics or the House [Ethics Committee] that would once and for all confirm that she has complied with House ethics rules.”
Krikorian said Monday that he had not been contacted by the OCE, other than a letter confirming the receipt of his complaint in early February.
“We just want to know what were the bills and who paid them?” said Krikorian, who ran as an Independent 2008 and lost the 2010 Democratic primary in his second attempt to challenge Schmidt.
According to the House Ethics Manual, a Member may accept pro bono legal services under certain circumstances, such as the filing of friend-of-the-court briefs or civil actions challenging the validity of a federal law or regulation.
Members are also allowed to establish legal defense funds, with the permission of the Ethics Committee, for cases related to the Member’s official duties, as well as criminal prosecutions or “a civil matter bearing on the individual‘s reputation or fitness for office,” the manual states.