The Democratic nominee for a crucial swing seat in Pennsylvania is accusing the Republican incumbent of making categorically false and defamatory statements, the latest move as escalating attack ads circulate in the Bucks County district.
Attorneys representing Bob Harvie sent a cease-and-desist letter to U.S. Rep. Brian Fitzpatrick, a five-term Republican incumbent facing a competitive reelection, and his campaign for a “series of defamatory allegations” that, they say, misleadingly portray Harvie’s role in an FBI investigation.
A lawyer representing Fitzpatrick and his campaign confirmed receipt of the letter but did not respond to additional requests for comment.
The advertisements purport that Harvie, a Bucks County commissioner, is currently under criminal investigation for stealing taxpayer money, assertions his campaign said falsely stem from a federal case that appeared to have quieted after the grand jury met in Philadelphia in 2022. The probe was about problems related to contracts, unions, and a Pennsylvania school district.
Harvie is not and never was under investigation, his lawyers said, nor was he the subject of the federal case, but mailers and television spots continue to blur the lines.
The election fights are ramping up as both men compete to win Pennsylvania’s 1st Congressional district in November, and with it, decide fate over which party controls the U.S. House. It’s one of four seats in the commonwealth being targeted by both political parties during the high-stakes midterm elections. Fitzpatrick has represented the area since 2017.
Harvie’s attorneys sent Fitzpatrick and his campaign the letter Thursday shortly after 5 p.m. and gave the campaign 24 hours to respond.
“Brian Fitzpatrick’s lies are intended to deceive the voters and that’s a disgrace to this district,” Harvie said in a statement.
Further action will depend on whether and how Fitzpatrick and his campaign proceeds, Harvie’s campaign said.
Defending America PAC, a political action committee that supports Fitzpatrick, has also used similar language in social media posts, news releases, and video content that said Harvie is the subject of an FBI investigation. Harvie’s campaign sent Defending America PAC a cease-and-desist letter Thursday, too, around 9 a.m.
In a statement, Chris Pack, president of the PAC, said further legal action from Harvie would be an effort “to chill protected political speech.”
What happened with the FBI investigation?
The FBI in 2020 interviewed several people with connections to Falls Township and the Pennsbury School District, LevittownNow reported in September 2022.
Harvie and several other officials were among those who testified before a grand jury in the probe, which has not been active since 2022, the campaign said. But Harvie and his lawyers in the letter maintain he “is not now and has never been the subject of any criminal investigation” or stealing money from taxpayers to throw himself a party.
Political advertisements, paid for by the Fitzpatrick campaign, suggest otherwise.
In a television spot that has aired on three cable systems that run across the district since June 30, a man is seen asking, “Commissioner Harvie, why did you steal taxpayer money to throw yourself a party” while the words “BOB HARVIE UNDER FBI INVESTIGATION” are displayed on screen. His campaign committee, Brian Fitzpatrick for All of Us, paid for the ads.
The letter also accuses Fitzpatrick, a former FBI agent himself, of “actual malice,” which would require proof in court that he made the advertisements with knowledge that the allegations were false or with reckless disregard to whether they were false or not.
When similar charges were made in 2023 in a race for county commissioner, Harvie denied the claims as false.
“There comes a line where you cannot straight up lie about folks,” said Dan McCormick, Harvie’s campaign manager.
What other action could be taken?
Harvie’s campaign could file a lawsuit claiming Fitzpatrick has defamed him, but that would involve likely months of subpoenas, depositions, and evidence gathering before the case potentially goes to a judge or jury — a process that could extend past November’s election.
The Federal Election Commission, an independent agency in the U.S. government, oversees federal elections and campaign finance, but defamation is under the jurisdiction of courts, not the commission.
The television stations that have aired the advertisements have also been alerted to the defamation claims, Harvie’s campaign said. The Federal Communications Commission, another independent U.S. agency, monitors communications by radio, television, wire, satellite, and cable. However, it also does not investigate or resolve defamation claims.
It’s not uncommon for campaigns to trade cease-and-desist letters as elections heat up, and some are outright ignored.
How much money has been spent on the campaign?
A competitive U.S. House seat has drawn state and national attention, resources, and lots of dollars.
Fitzpatrick entered April with $7 million already stored in the bank, allowing him to spend early on ads against Harvie — even before the Democrat won his May primary. Some of Fitzpatrick’s money went to attacking Harvie in his race against Lucia Simonelli, a grassroots candidate and climate policy expert.
In total, Fitzpatrick has already spent $2.81 million from Jan. 1, 2025, to April 29, 2026, according to campaign finance reports — with roughly four months left to go before the campaign. During the entire 2024 campaign cycle, he spent $3.47 million.
In addition to the FBI investigation ads, other TV hits and mailers have framed Harvie as a “career politician” who “voted to give himself a raise” and voted to count faulty mail ballots during a U.S. Senate recount, in violation of a state Supreme Court ruling.
Prior to beginning his tenure as commissioner in 2020, Harvie was on the Falls Township Board of Supervisors for 17 years, and spent 12 of those as chair. As chair of the Bucks County Board of Commissioners in 2022, Harvie approved an annual 1% increase in salaries for commissioners and several other local offices.
Fitzpatrick and the National Republican Congressional Committee have placed a joint ad buy starting Tuesday. This type of purchase was made more possible after the Supreme Court case, announced this week, that allows coordinated campaigns and direct campaigns to work more in tandem.
Harvie, though, has his own stash of cash. He’s raised $1.45 million, according to campaign finance reports, and has released ads that connect Fitzpatrick to President Donald Trump’s agenda — even as the lawmaker has voted against Trump on numerous issues and earned his ire. The next financial disclosure will be released July 15, and Harvie’s campaign said it has now raised about $2 million.
National Democrats have also thrown resources behind him, and the Democratic Congressional Campaign Committee has listed Harvie on its “Red to Blue” list as a key seat to flip.
“This is a defining moment in this campaign: After nearly a decade in D.C., Fitzpatrick has been caught with egg on his face by resorting to the very kind of gutter politics that he pretends to stand against,” said DCCC spokesperson Eli Cousin.
Harvie was one of four swing-districts Democratic candidates Gov. Josh Shapiro supported ahead of the May primary, as he looks to elevate the party in fall and help win control of Congress.
Staff writer Fallon Roth contributed to this article.
