06/10/2021
A financially strapped trucking company received inside support from the Trump White House in 2020 while seeking a pot of Treasury Department pandemic relief aid meant to support businesses key to national security, according to emails released Wednesday by a congressional oversight committee.
Yellow Corporation gave the Treasury Department a 30 percent stake as a condition for the $700 million loan, which came from funds that Congress designated for companies “critical to national security.” Critics of the loan, including Republicans and Democrats charged with oversight over relief funds, contend that the Pentagon and Treasury stretched the term to include Yellow, previously known as YRC, a Defense Department subcontractor with several competitors in the trucking market.
Congressional investigators on the Democratic-led select subcommittee on the coronavirus crisis, which released the emails, are now asking the National Archives and Records Administration to provide it with Trump White House communications, memos and calendar entries regarding the loan to Yellow or its private-equity backer, Apollo Global Management.
The emails released Wednesday show exchanges in May and June 2020 between Mike Kelley, a senior executive at Yellow, the firm’s lobbyists, White House staff and officials at the Teamsters, the union that represents most Yellow workers. They depict a multi-pronged campaign by the company to win the aid, one that reached the highest levels of the White House, Treasury Department and Pentagon.
On May 6, 2020, Erskine Wells, a lobbyist whose firm registered to represent Yellow in April 2020, copied Kelley on an email stating that Trump White House official Tim Pataki had committed to “call Treasury on our behalf.” The email also was also sent to Rohit Kumar and Todd Metcalf of PwC, former senior Republican and Democratic Senate aides, respectively, also registered to lobby for Yellow in April 2020. A spokesperson representing Pataki declined to comment.
In another email, Wells informed Kelley that he has shared “key materials” with an aide to Larry Kudlow, then the director of the National Economic Council at the White House. Wells also said in the email that he had spoken to or contacted several other offices at the White House, and had “debriefed” Senate staff, who committed to calling then-Deputy Treasury Secretary Justin Muzinich “to check in on YRC.”
Yellow significantly increased its spending on lobbying in 2020, ultimately paying lobbyists $570,000 that year compared with zero in 2019, according to federal disclosures. The company has spent nearly $585,000 so far this year on lobbyists.
“Yellow reached out to the appropriate executive and legislative branches to help save 30,000 jobs and protect the vulnerable U.S. supply chain during the height of the COVID-19 crisis,” the company said in a statement provided by a spokeswoman. “Our request received bipartisan Congressional support and the full support of the International Brotherhood of Teamsters. When negotiating with the Department of the Treasury, all guidelines were followed, and the due diligence process was extensive. We stand by our work and are proud to partner with the U.S. government and our military to support America’s domestic supply chain.”
Spokespeople for PwC and the Teamsters declined to comment. Kudlow declined to provide a statement for this report, and Muzinich and Wells did not immediately respond to requests for comment. A spokesperson for Pataki declined to comment on his behalf.
Members of the Congressional Oversight Commission, a bipartisan body set up to watch over Treasury Department spending of Cares Act funds, started raising concerns about the loan to Yellow just weeks after it was announced in July 2020, pointing out that it was not the type of company envisioned for the $17 billion in the Cares Act set aside for businesses “critical to national security.” Aircraft manufacturers including Boeing were the fund’s intended recipients but largely balked at the terms and did not apply.
The Cares Act did not specify what “critical to national security” meant, leaving that to Treasury. The agency defined such businesses as those operating under top secret clearances or working on certain priority contracts, but also created a third route for businesses certified as critical by the Secretary of Defense. That was how Yellow ultimately qualified for the loan, and emails show the company reached out to high-level officials at the Pentagon in search of a waiver. Yellow received the largest loan by far of any company, with the other loans going to an array of defense-focused start-ups.
The Congressional Oversight Commission struggled to get satisfactory answers from the Pentagon as to why it certified Yellow for the loan, at one point stating that “the Department of Defense did not even consider whether the services it obtains from YRC could be obtained elsewhere,” and later concluding that “DOD applies their national security designation inconsistently.”
COC members also raised concerns about the risk the loan posed to U.S. taxpayers, pointing to Yellow’s past financial troubles. The company lost more than $100 million in 2019, before the pandemic hit.
“Overall, the Commission continues to believe that Treasury and DOD made missteps in deeming Yellow as critical to national security and executing the loan,” the Commission wrote in April.
In a June letter to the select subcommittee, Yellow said chief executive Darren Hawkins wrote that “before the loan was issued, all necessary and appropriate steps to justify the national security designation were followed by Yellow, Treasury and the Secretary of Defense.
Yellow is backed by Apollo Global Management, a large private equity firm whose founder, Joshua Harris, advised the Trump administration on infrastructure policy in 2017, the New York Times reported. Apollo also lent $184 million to the family real estate company of Jared Kushner, a top White House aide and Trump’s son-in-law.
A spokeswoman for Apollo said the firm “was not involved in the company’s decision to seek the Treasury funds and did not advocate on their behalf.” The emails released Wednesday do not show any Apollo executives involved in the effort.
Yellow was seen as a controversial recipient because of the size of the loan, its possible connections to the White House via Apollo, and because its services could feasibly be replaced by any number of national logistics companies. If Yellow went belly-up, another trucking company could step in, critics argued.
In December, COC members grilled former Treasury Secretary Steven Mnuchin over the loan. Mnuchin replied that he had no communication with Kushner or his staff about the loan, and cited letters from members of Congress, saying there was “tremendous interest” to expedite it. Mnuchin recommended that his successor sell the loan.
At the time the loan was issued, Mnuchin called the company a “critical vendor” to the Defense Department. He said the loan would allow the company to sustain its employment while providing an appropriate repayment to taxpayers.
A spokesman for Mnuchin declined to comment, referring to his past comments on the issue. A spokesman for the Treasury Department also declined to comment. The Defense Department did not immediately respond to a request for comment.
The Government Accountability Office, a federal watchdog agency, found several discrepancies in how Yellow was treated by the government compared with other companies applying for aid. Treasury fast tracked the loan to Yellow “due to the urgency of the business’s financial circumstances,” GAO found, even though other companies faced similarly dire circumstances. And the loan was negotiated and executed by Treasury staff who were “not otherwise involved in the loan program,” GAO said.
Yellow has since used the Treasury loan, in part, to pay for capital investments, including new tractors and trailers to upgrade its aging fleet, according to company statements.
This year it also hired Heather Nauert, a former State Department spokeswoman during the Trump administration. Nauert said in an email that she works “with a range of clients and began advising Yellow in early 2021.”
By Yeganeh Torbati, Aaron Gregg
Yellow Corporation, previously known as YRC Worldwide, received a $700 million loan from a Treasury Department program meant for businesses crucial to national security. Members of a congressional oversight committee are skeptical.