Libertarian Party Judicial Committee Overturns Suspension of National Secretary

In a decision issued Tuesday, the Libertarian Party’s Judicial Committee overturned the suspension of National Secretary Caryn Ann Harlos, nullifying an earlier move by the Libertarian National Committee.

The decision comes as a response to an appeal filed in late October by Prof. George Phillies, challenging eight votes made by the Libertarian National Committee related to an investigation into Harlos’ conduct. The charges included allegations of gross misconduct and behavior deemed harmful to the operations of the Libertarian Party. Specific claims centered on Harlos filing presidential ticket paperwork with the Colorado Secretary of State against the instructions of the Libertarian National Committee Chair and allegedly maligning fellow committee members.

In the 57-page document, first published by Third Party Watch, the Judicial Committee invalidated all charges, specifications, and trial-related resolutions against Harlos, declaring them “null and void for failure to allege conduct that can reasonably be characterized as rising to a standard required for prosecution,” as outlined in the Libertarian National Committee Policy Manual.

The majority opinion, authored by Blay Tarnoff, emphasized that the charges failed to meet the thresholds of “gross malfeasance” or “failure to perform the duties of office” and that procedural due process, as required under the bylaws and Robert’s Rules of Order, had not been followed. The committee concluded that the allegations lacked sufficient evidence to warrant disciplinary action, rendering the Libertarian National Committee’s actions procedurally flawed.

Joining Tarnoff in the majority opinion were Stephan Kinsella and Rob Stratton, as well as Mike Seebeck and Marc Montoni, in part. Seebeck also wrote his own concurring opinion, which was joined by Montoni.

Dissenting opinions by Judicial Committee members Ken Krawchuk and Rob Latham argued that the Judicial Committee lacked jurisdiction over the matter and that the Libertarian National Committee’s actions were justified under its bylaws. However, these views were overruled by the majority.

The ruling reinstates Harlos to her position, which had been temporarily filled by alternate member Adrian Malagon as Secretary Pro Tem. It also raises broader concerns about internal party governance, with the Judicial Committee criticizing the Libertarian National Committee’s handling of the case. “This entire saga was a giant waste of time, energy, and stress that was completely avoidable if the LNC simply did its job correctly as the Secretary did, instead of engaging in unnecessary attempts to act in the exact same way their predecessors did that led those predecessors to be voted out of office,” wrote Seebeck in his concurring opinion.

Additionally, the ruling included recommendations for reform, urging the Libertarian National Committee to amend its policy manual to simplify the disciplinary process and clarify existing procedural standards to prevent future conflicts.

Following the ruling, LNC Chair Angela McArdle reportedly emailed Judicial Committee members, stating, “Either our attorneys or I will be in touch tomorrow afternoon.” The LNC is scheduled to meet in Rhode Island later this month for its next business meeting, which Harlos has already stated she plans to attend.

Editorial note: Prof. George Phillies is a member of the Independent Political Report editorial team. He was not consulted for this article nor was this author involved with the appeal.