Former Alabama Farm Credit borrower and agricultural lawyer Dustin Kittle is suing the President of the United States to compel him to "do his duty" by filling the vacant seats on the U.S. Farm Credit Administration (FCA) Board. Kittle hopes filling the two open seats will help resolve his legal issues with his former lender, who he claims is guilty of corruption and extorting its clients.
On Friday, Kittle, who co-owns and operates Snow Creek Ranch and Snow Creek Law in Santa Fe, Tenn., filed a writ of mandamus against Biden in his capacity as president to force him to make the two new board appointments, which he is obligated due to under the Farm Credit Act of 1971. Two of the three board seats are currently held by the previous appointees in holdover status until a new member is appointed.
President Barack Obama appointed Jeffery Hall to serve on the board until October 2018, and Glen Smith, appointed by President Donald Trump, had his term expire in May 2022. Vince Logan, the current board chairman and CEO appointed by Biden as the first "openly gay" board member, is set to serve through May 2026. Kittle said one of Biden's appointees would have to be Republican, per regulations, which he speculated might be one reason why Biden has neglected to fill the position.
According to Kittle's 65-page complaint, having an FCA board comprised mostly of members in holdover status is "inadequate and ineffective, harming the FCA and System."
"Board members in such a 'holdover' status may face uncertainty as to the length of their continued service," Kittle said in the complaint. "This uncertainty – which Board policy has attempted to mitigate in part by allowing certain holdover Members to perform their official duties outside the Washington, D.C. area – makes the guarantee of a quorum even more tenuous. Without a quorum, a single-member Board is unable to establish general policy or promulgate rules and regulations, leaving the FCA unable to carry out its proscribed statutory obligations and duties. Moreover, extended holdover positions have the potential to undermine the independent status of the FCA, as a Board member without a fixed term is, quite obviously, more vulnerable to the vagaries of politics."
The complaint also quoted the FCA's Office of Inspector General as saying that "one of the most serious management and performance challenges facing the FCA is 'operating with less than an ideal board member composition.'"
Kittle said the legal precedent for suing a sitting president was set 50 years ago in Chippewa v. Carlucci when the Chippewa Tribe of Minnesota took legal action to force then-President Richard Nixon to appoint members to the National Advisory Council on Indian Education.
Regardless of the outcome, Kittle told 1819 News he hoped that bringing the complaint against Biden would force the AFC board to step down and undo the alleged financial damage done to him and other borrowers, which Kittle said could equate to over $100 million.
In September, Kittle began posting documents, photos, texts and phone recordings on social media to support his claims that AFC violated federal lending laws. More recently, he has been detailing his and other borrowers' complaints on X, hoping to attract more attention to his cause.
Kittle alleged that in July 2021, AFC undervalued several of his properties in Tennessee to force him to include his mother's farm in Geraldine as additional collateral. When he questioned the appraisal, Kittle said he was threatened with foreclosure on his properties despite never missing a payment. To avoid losing his farm, Kittle sold his "dream home" and liquidated other assets worth $2.5 million to pay out his AFC loan nearly 20 years before it was due.
He also raised concerns about how AFC handles poultry loans, and he now represents several current and former borrowers who have experienced similar issues with their accounts.
On top of the financial losses, Kittle said he's also received death threats since coming out against his former lender.
AFC has denied Kittle's accusations and accused him of running an "online smear campaign" against them.
"Everything we've put out there is truthful, but it's so frustrating to be three years into this and for them [AFC] to still not even not only acknowledge that they did something wrong, but they won't even acknowledge that it ever happened," Kittle told 1819 News. "That's the crazy thing."
AFC filed to have the documents related to their legal battle with Kittle sealed. However, the most recent filing on March 14 showed the two parties had been in talks to reach a settlement.
"My hope is that this complaint with Biden … I hope that people can see there were numerous violations of federal law," Kittle said. "I hope there's enough pressure put on them [AFC leadership] to where they'll step down and they'll pay us the settlement that we were promised, and I hope the poultry borrowers can get their money back."
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on Twitter and Facebook.
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