Mark Holden

Credentials

• Holden earned a bachelor’s degree in political science from the University of Massachusetts. He earned his law degree from the Columbus School of Law at the Catholic University of America in 1988.¹“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW

Background

Mark V. Holden is the senior vice president of Koch Industries, chairman of the board of Freedom Partners Chamber of Commerce, and chairman of the board of the Americans for Prosperity Foundation.²“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW

Holden began working for Koch Industries in 1995 as a litigation attorney, and later as vice president and general counsel for litigation and compliance “where he worked with the various Koch companies on a variety of litigation, regulatory, compliance, and commercial issues.”³“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW

He also serves as president and COO of the legal division of Koch Companies Public Sector “which provides legal, government and public affairs services to Koch Industries, Inc. and its affiliates.”⁴(Press Release). “Mark Holden of Koch Industries Presented with Charles Colson Award,” Prison Fellowship, December 6, 2018. Archived May 23, 2019. Archive.fo URL: https://archive.fo/1MzGL

In 2011, Politico described Holden as “part of a low-profile Koch inner circle” that also included Richard Fink and Philip Ellender.⁵Kenneth P. Vogel. “The Kochs’ Democratic enforcer,” Politico, June 14, 2011. Archived May 25, 2019. Archive.fo URL: https://archive.fo/XflPp

Criminal Justice Reform

Mark Holden has been spearheading the Koch’s criminal justice reform projects. Of the prison system, he has said to “not let the government overreach continue.”⁶“And Justice for All,” Koch newsroom, Archived May 25, 2019. ⁷(Press Release). “Mark Holden of Koch Industries Presented with Charles Colson Award,” Prison Fellowship, December 6, 2018. Archived May 23, 2019. Archive.fo URL: https://archive.fo/1MzGL ⁸“We Are Koch | Mark Holden,” Vimeo video uploaded by user Matthew David Wilder, December 28, 2016. Archived .mp4 on file at DeSmog. ⁹“Koch Industries’ SVP & General Counsel Mark Holden Joins The Wilkow Majority on Sirius XM Patriot,” YouTube video uploaded by user “Koch News,” June 1, 2018. Archived .mp4 on file at DeSmog.

Experts have suggested the Kochs are interested in criminal justice reform for their own interests. For example, quoted by Jane Mayer in a piece at the The New Yorker, University of Michigan law professor David Ullmann argued: “The Koch brothers are not interested in criminal-justice reform because they suddenly became interested in the number of poor and minority Americans who are in prison. By their own admission, they became interested because they were prosecuted in Corpus Christi. They and their allies want to take us back to 1970, before the regulatory state.”¹⁰“New Koch,“ The New Yorker, January 17, 2016. Archived May 24, 2019. Archive.fo URL: https://archive.fo/jUWtp

PR Watch reported that the some of the Kochs’ proposed changes in criminal justice reform would “make it harder to hold executives and their employees responsible for violating U.S. laws and would protect their financial interests, at the public’s expense.”¹¹Brendan Fischer and Lisa Graves. “Koch Self-Interest in Criminal Justice Reform, Exposed,” PR Watch, December 16, 2015. Archived May 24, 2019. Arhcive.fo URL: https://archive.fo/rdzyg

Political Contributions

The following is based on campaign finance data collected by the Federal Election Commission on file for Mark Holden:¹²“Campaign finance data,” Federal Electoun Commission. Seach performed May 23, 2019.

Stance on Climate Change

Mark Holden does not appear to have made any public statements on climate change.

Key Quotes

April 13, 2015

The following is a quote, regarding campaign finance disclosure, from Mark Holden during a panel “Free Speech: Where the Left and the Right Agree and Disagree” co-sponsored by the American Constitution Society and the Federalist Society: (Empasis added)¹³“Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.

”[…] I don’t quite see the need for all the disclosure laws, quite frankly, other than for people to put together lists and try to intimidate, and I don’t think it really brings about a lot of you know full and fair discussion on the issues in our country any more.”

June 2014

The following is an excerpt from audio obtained by The Undercurrent of Mark Holden discussing strategy at a Koch Industries seminar in Dana Point, California.¹⁴“EXCLUSIVE AUDIO: Koch Lawyer Analyzes the Opposition,” YouTube video uploaded by user “The Undercurrent,” September 9, 2014. Archived .mp4 on file at DeSmog.

“Charles and I, we’ve been working on these issues for 50 years or more, but in the last year, because of the LIBRE Initiative, Generation Opportunity, Concerned Veterans for America, Americans for Prosperity, and many others, I don’t want to — by not mentioning them, I don’t mean to exclude them — they’ve been very effective. They’ve done a great job. And I’ve always accepted and appreciated everything this group, this room has done. I really do.

(Inaudible) all morning (Inaudible). And what we have is a drop in the bucket compared to the left. (Inaudible) and they outnumber us. They outnumber us by a lot. So why do we get all the love? We know this, right? We talk about it all the time. Because you’re effective. If you weren’t any good, they wouldn’t care. You’re eff-, you’re effective, and here’s the deal. They know. And you know the quote, first they ignore you, then they mock you, then they attack you, then we win.

We’re close to winning. I don’t know how close, but we should be because they can’t attack the ideas. They don’t have the real path, all they do is target and the just try to silence people. You know, they’re afraid of us. They really are. They’re afraid of this room.” (Emphasis added).

May 17, 2012

In an interview on MSNBC with Martin Bashir, Mark Holden denied the American Legislative Exchance Council (ALEC)—of which Koch is a member—had any involvement in Florida stand your ground laws following the shooting of an unarmed 17-year-old African-American who was shot and killed in 2012.¹⁵“Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog. ¹⁶Glenn Kessler. “Was the ‘Stand Your Ground’ law the ’cause’ of Trayvon Martin’s death?” The Washington Post, October 29, 2014. Archive.fo URL: https://archive.fo/0lUWf

“Just because you’re a member of a group doesn’t mean you’re supporting and involved in every aspect of the group,” Holden said.¹⁷“Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.

When pressed by Bashir on whether the Kochs support stand your ground laws, Holden responded:¹⁸“Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.

“I don’t know; I’ve never talked to them about it.”¹⁹“Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.

However, Lisa Graves, who was then the Executive Director of the Center for Media and Democracy, published a two-part report documenting how the National Rifle Association’s extreme agenda on guns flourished at ALEC, while Koch Industries helped lead the group through its corporate board and on the key ALEC task force that prioritized changes like the Stand Your Ground laws.

Key Deeds

December 19, 2018

Mark Holden spoke at an event hosted by Axios, also featuring Senators Dick Durbin (D-IL) and Amy Klobuchar (D-MN), and CNN’s Van Jones on criminal justice reform.²⁰“Criminal Justice Reform,” C-SPAN, December 19, 2018. Archived .mp4 on file at DeSmog.

November 21, 2018

Holden went on Washington Journal to discuss criminal justice reform where he supported the President’s actions on the “First Step Act.” According to Holden, it “would do a lot of great things.”²¹“Mark Holden on Criminal Justice Reform Efforts,” C-SPAN, November 21, 2018. Archived .mp4 on file at DeSmog.

April 13, 2015

Mark Holden was a panelist in “Free Speech: Where the Left and the Right Agree and Disagree,” a panel discussion co-sponsored by the American Constitution Society and the Federalist Society at the National Constitution Center “Freedom Day Celebration.” Topics included campaign finance reform.²²“Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.

Describing the Kochs’ work on criminal justice reform, Holden said:

“We’re involved in criminal justice reform work, and we have been for many, many years. First off, it’s core to Charles Koch’s belief in a free and prosperous society.”²³“Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.

‘If you want to help the poor, as we do […] there’s no better way than to reform our criminal justice system.”²⁴“Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.

In addition to the poor, Holden revealed the Koch’s corporate experience with the justice system was also something they wished to “learn from.” He said (Emphasis added):²⁵“Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.

“We had some negative experiences ourselves, with the criminal justice system, back in the mid 90s that we learned from. And we wanted to see whatever we learned and how the process went for us… if it’s happening to a big company with a lot of resources like us, what’s happening to the small business owners? What’s happening to the average citizen? What’s happening to the average Joe on the street out there?

And so that got us involved working with the NACDL, National Association of Criminal Defense Lawyers, and others. […]”

(Graves and Brendan Fischer documented how Koch used NACDL’s white collar crime section to advance its agenda to change criminal rules to make it harder to hold corporations and corporate executives liable for criminal activity.)

Answering a question on “Anonymous campaign speech,” and “why is it important to be able to give anonymously to political campaigns?” Holden responded:

“I think it’s important because it’s consistent with the Bill of Rights and the Constitution. What you were just talking about. I think, my point of view, is that people should be able to give money anonymously or on the record. It should be up to them to decide, and not for the government to decide.

The government, and remember the Bill of Rights. Um, I’m going to paraphrase the late great Justice William Brennan here, which I’m sure he will be very flattered by. But basically, the Bill of Rights, the framers didn’t lay out what our rights were. They made sure the government couldn’t infringe upon those rights because they were presumed to be pre-existing. And my point of view is that, to the extent people want to disclose—and there are a lot of disclosures laws that are compel disclosure, and trust me, Bill and I were talking before I got on here—Charles Koch and David Koch get pretty much credited or blamed, whatever your point of view is, for every single penny that’s spent on a conservative or libertarian cause or issue or candidate. So there is no dark money as with regard to the Kochs in my opinion.

But the reality is, there’s a cost to disclosure. And from a cost-benefit analysis, in my opinion, I don’t quite see who really pays attention to this other than activists on each side that want to harass, intimidate, create lists, try to out them. We’ve seen it over time and I’ve seen both sides do it. I know they do it on our side, against us, excuse me, with the Kochs. And there have been a number of death threats. And I’m not asking for sympathy or empathy, I’m just saying it comes at a cost and who really benefits from the disclosure?”

”[…] I don’t quite see the need for all the disclosure laws, quite frankly, other than for people to put together lists and try to intimidate, and I don’t think it really brings about a lot of you know full and fair discussion on the issues in our country anymore.” (Empasis added)

June 2014

In audio obtained by The Undecurrent, Mark Holden can be heard discussing strategy regarding the progressive opposition group, the Democracy Alliance. The audio was from a Koch Industries seminar in Dana Point, California.²⁶“EXCLUSIVE AUDIO: Koch Lawyer Analyzes the Opposition,” YouTube video uploaded by user “The Undercurrent,” September 9, 2014. Archived .mp4 on file at DeSmog.

View transcript of portions of the audio that were audible below, via text published at The Undercurrent. Note that due to poor audio quality, there may be inaccuracies in the transcription:

EXCLUSIVE AUDIO Koch Lawyer Analyzes the Opposition TRANSCRIPT (Text)
May 17, 2012

Mark Holden appeared on Fox News’ Hannity show to defend Koch Industries and the Koch brothers.²⁷“Mark Holden of Koch Industries with Sean Hannity,” YouTube video uploaded by user “KochfactsTV,” May 23, 2012.

Affiliations

• Freedom Partners Chamber of Commerce — Chairman of the board.²⁸“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• Stand Together — Senior vice president. Reported as a “anti-poverty group funded by Koch.” Note that the Seminar Network was reportedly rebranded “Stand Together” in May 2019, however a “Stand Together Foundation” anti-poverty group also exists.²⁹Jasmine Garsd. “Former Inmates Are Getting Jobs As Employers Ignore Stigma In Bright Economy,” KUER radio, May 23, 2019. Archived May 25, 2019. Archive.fo URL: https://archive.fo/vp8O5 ³⁰James Hohmann. “The Daily 202: The Koch network is reorganizing under a new name and with new priorities,” The Washington Post, May 20, 2019. Archived May 25, 2019. Archive.fo URL: https://archive.fo/f5gw4 ³¹Caitlin Reilly. “Stand Together: The Koch-Backed Anti-Poverty Group Starting off 2019 with a Bang,” Inside Philanthropy, January 24, 2019. Archived May 26, 2019. Archive.fo URL: https://archive.fo/TUTWd
• Americans for Prospertiy Foundation — Chairman of the board.³²“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• Koch Industries — Senior vice president and general counsel (since 2009). Vice President and General Counsel for Litigation and Compliance (1995–2009).³³“Koch SVP and General Counsel Mark Holden joined The Wilkow Majority on SiriusXM Patriot,” Koch. June 1, 2018. Archived May 23, 2019. ³⁴“Mark Holden,” LinkedIn. Accessed May 23, 2019. Archived .pdf on file at DeSmog.
• Koch Companies Public Sector — Former president and COO of the legal division.³⁵“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• Akin, Gump, Strauss, Hauer & Feld — Former associate, before working at Koch (1988 – 1995).³⁶“Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW ³⁷“Mark Holden,” LinkedIn. Accessed May 23, 2019. Archived .pdf on file at DeSmog.
• Institute for Legal Reform — Board member as recently as 2016.³⁸US Chamber Institute for Legal Reform 2016 990 form.

Social Media

• Mark Holden on LinkedIn.
• Mark Holden on Medium.

Publications

• “The Factual Case for Criminal Justice Reform,” Medium, March 1, 2016.

Other Resources

• “Mark Holden,” SourceWatch.
• “Mark Holden,” Profile on LittleSis.
• Mark Holden on C-SPAN.

Resources

• 1
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 2
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 3
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 4
  (Press Release). “Mark Holden of Koch Industries Presented with Charles Colson Award,” Prison Fellowship, December 6, 2018. Archived May 23, 2019. Archive.fo URL: https://archive.fo/1MzGL
• 5
  Kenneth P. Vogel. “The Kochs’ Democratic enforcer,” Politico, June 14, 2011. Archived May 25, 2019. Archive.fo URL: https://archive.fo/XflPp
• 6
  “And Justice for All,” Koch newsroom, Archived May 25, 2019.
• 7
  (Press Release). “Mark Holden of Koch Industries Presented with Charles Colson Award,” Prison Fellowship, December 6, 2018. Archived May 23, 2019. Archive.fo URL: https://archive.fo/1MzGL
• 8
  “We Are Koch | Mark Holden,” Vimeo video uploaded by user Matthew David Wilder, December 28, 2016. Archived .mp4 on file at DeSmog.
• 9
  “Koch Industries’ SVP & General Counsel Mark Holden Joins The Wilkow Majority on Sirius XM Patriot,” YouTube video uploaded by user “Koch News,” June 1, 2018. Archived .mp4 on file at DeSmog.
• 10
  “New Koch,“ The New Yorker, January 17, 2016. Archived May 24, 2019. Archive.fo URL: https://archive.fo/jUWtp
• 11
  Brendan Fischer and Lisa Graves. “Koch Self-Interest in Criminal Justice Reform, Exposed,” PR Watch, December 16, 2015. Archived May 24, 2019. Arhcive.fo URL: https://archive.fo/rdzyg
• 12
  “Campaign finance data,” Federal Electoun Commission. Seach performed May 23, 2019.
• 13
  “Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.
• 14
  “EXCLUSIVE AUDIO: Koch Lawyer Analyzes the Opposition,” YouTube video uploaded by user “The Undercurrent,” September 9, 2014. Archived .mp4 on file at DeSmog.
• 15
  “Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.
• 16
  Glenn Kessler. “Was the ‘Stand Your Ground’ law the ’cause’ of Trayvon Martin’s death?” The Washington Post, October 29, 2014. Archive.fo URL: https://archive.fo/0lUWf
• 17
  “Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.
• 18
  “Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.
• 19
  “Mark Holden of Koch Industries on Martin Bashir,” YouTube video uploaded by user “KochFactsTV,” May 22, 2012. Archived .mp4 on file at DeSmog.
• 20
  “Criminal Justice Reform,” C-SPAN, December 19, 2018. Archived .mp4 on file at DeSmog.
• 21
  “Mark Holden on Criminal Justice Reform Efforts,” C-SPAN, November 21, 2018. Archived .mp4 on file at DeSmog.
• 22
  “Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.
• 23
  “Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.
• 24
  “Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.
• 25
  “Freedom of Speech,” C-SPAN, April 13, 2015. Archived .mp4 on file at DeSmog.
• 26
  “EXCLUSIVE AUDIO: Koch Lawyer Analyzes the Opposition,” YouTube video uploaded by user “The Undercurrent,” September 9, 2014. Archived .mp4 on file at DeSmog.
• 27
  “Mark Holden of Koch Industries with Sean Hannity,” YouTube video uploaded by user “KochfactsTV,” May 23, 2012.
• 28
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 29
  Jasmine Garsd. “Former Inmates Are Getting Jobs As Employers Ignore Stigma In Bright Economy,” KUER radio, May 23, 2019. Archived May 25, 2019. Archive.fo URL: https://archive.fo/vp8O5
• 30
  James Hohmann. “The Daily 202: The Koch network is reorganizing under a new name and with new priorities,” The Washington Post, May 20, 2019. Archived May 25, 2019. Archive.fo URL: https://archive.fo/f5gw4
• 31
  Caitlin Reilly. “Stand Together: The Koch-Backed Anti-Poverty Group Starting off 2019 with a Bang,” Inside Philanthropy, January 24, 2019. Archived May 26, 2019. Archive.fo URL: https://archive.fo/TUTWd
• 32
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 33
  “Koch SVP and General Counsel Mark Holden joined The Wilkow Majority on SiriusXM Patriot,” Koch. June 1, 2018. Archived May 23, 2019.
• 34
  “Mark Holden,” LinkedIn. Accessed May 23, 2019. Archived .pdf on file at DeSmog.
• 35
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 36
  “Mark Holden,” Americans for Prosperity. Archived May 24, 2019. Archive.fo URL: https://archive.fo/RUraW
• 37
  “Mark Holden,” LinkedIn. Accessed May 23, 2019. Archived .pdf on file at DeSmog.
• 38
  US Chamber Institute for Legal Reform 2016 990 form.