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STATEMENT OF FACTS 9. President Joseph R. Biden, Jr. was elected as President of the United States in 2020 and was sworn in on January 20, 2021.² 10. Since January 20, 2021, President Biden’s principal campaign committee, Biden for President, has spent more than $5 million dollars, including $1 million on “text message/email outreach” and almost $250,000 on a “database subscription” – thereby exceeding the $5,000 threshold to be declared a candidate.³ 11. In addition to significant campaign expenditures, President Biden’s White House staff, spokespersons, Vice President, and surrogates have made numerous on-the-record statements indicating that he has commenced his candidacy for the 2024 presidential election. 12. Beginning in November of 2021, in response to a reporter’s question, “[t]here were reports that President Biden was telling allies that he is going to run for re-election in 2024. Can you confirm, is he going to run in 2024? Is he telling staff that?,” then-White House Press Secretary Jen Psaki stated, “[h]e is, that’s his intention.”4 13. President Biden’s current Press Secretary – Karine Jean-Pierre – conclusively stated on June 13, 2022, “[y]es, he’s running for reelection. I’m I can’t say more than that.” Later that day, she doubled down and tweeted that, “[t]o be clear, as the President has said repeatedly, he plans to run in 2024,” and a month later again tweeted that, “[t]he president has been very clear about this. He intends to run in 2024.”5 – 14. U.S. Transportation Secretary Pete Buttigieg has also gone on-the-record to discuss President Biden’s campaign for reelection, stating, “I’m looking forward to supporting the president’s reelection. Ah, that is as much as I can say about these things while I’m here on an official…capacity” 15. President Biden himself has gone so far as to confirm that Vice President Kamala Harris will be his running mate in 2024: “Yes’ and ‘yes,’ Biden responded during his first news conference of the year [2022] when a reporter asked whether Harris would be on his ticket and whether he thought she was doing a good job on voting rights policies.” 16. Vice President Kamala Harris emphatically told CNN’s Dana Bash – when asked about the president’s campaign for reelection in 2024 – that, “Joe Biden is running for reelection and I will be his ticket mate…Full stop. That’s it.” 998 17. Public reporting has stated that, “[i]n public and private, Biden himself has emphasized that he is running, effectively shutting down any discussion of the topic between the president and 2 Toluse Olorunnipa and Annie Linskey, Joe Biden is Sworn In as the 46th President, Pleads for Unity in Inaugural Address to a Divided Nation, The Washington Post (Jan. 20, 2021). 3 Federal Election Commission, Statement of Organization, Biden for President (Apr. 25, 2019). Federal Election Commission, Disbursements (search for spender “Biden for President” and Disbursement Type “Made By Presidential Committees: Operating Expenditures,” time period “1/20/21 to date”); Federal Election Commission, Disbursements (search for spender “Biden for President” and Disbursement Detail “text message/email outreach,” reporting time period “2021-2022”); Federal Election Commission, Disbursements (search for spender “Biden for President” and Disbursement Detail “database subscription,” reporting time period “2021-2022”); 11 C.F.R. § 100.3. 4 Steve Nelson, Psaki Says Biden Still Intends to Run in 2024 Despite Poor Polls, Old Age, New York Post (Nov. 22, 2021). 5 The White House, Press Briefing by Press Secretary Karine Jean-Pierre (June 13, 2022); Karine Jean-Pierre (@PressSec), Twitter (June 13, 2022); CBS News (@CBSNews), Twitter (July 28, 2022). 6 CNBC, Squawk Box, Squawk Newsmaker: Prices at the Pump: Transportation Secretary Weighs In, Clip begins at 0:54 (Aug. 4, 2022). 7 Claire Rafford, Biden Commits to Harris as His Running Mate for 2024, Politico (Jan. 19, 2022). 8 Dana Bash (@DanaBashCNN), Twitter (June 27, 2022). 2

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