John Swallow: Utah's Most Corrupt Politician Ever?

The full report is out on the misconduct of former Utah Attorney General John Swallow, and it is indeed a web of lies and deceit.

It's interesting because the web extends to former Utah Attorney General Mark Shurtleff and U.S. Senators Harry Reid and Mike Lee.  Here's some highlights taken directly from the report:

"The Committee’s investigation revealed that, during his tenure in the Office, Mr. Swallow compromised the principles and integrity of the Office to benefit himself and his political supporters. In so doing, Mr. Swallow breached the public’s trust and demeaned the offices he held. Indeed, the Committee concludes that Mr. Swallow hung a veritable “for sale” sign on the Office door that invited moneyed interests to seek special treatment and favors."

"Mr. Swallow compromised the Office’s position in a pending wrongful mortgage foreclosure lawsuit when he, after the plaintiffs in the lawsuit hosted a fundraiser for him, helped make the lawsuit disappear in an effort to keep his embarrassing ethical conflict from coming to light. In so doing, Mr. Swallow, with the assistance of his predecessor as Attorney General, Mark Shurtleff, sold out the interests of thousands of Utah homeowners who would have benefitted if the Office had continued to  pursue the case."

"Under Utah law, a PAC has to disclose its donors, and as the Committee’s report sets out in detail, an intrepid investigator could still have connected the dots to show the  payday link behind some of the PAC donations that Mr. Swallow successfully solicited. To fully obscure the link required more sophisticated machinery, so Mr. Swallow, with the assistance of his campaign consultant Jason Powers, built that machinery."

"By using these daisy chains of entities, the Swallow political machine was able to obscure Mr. Swallow’s heavy reliance on the payday lending industry for campaign support. Moreover, channeling payday money through these dark entities had the additional benefit that the money could then be spent on negative and even misleading campaign maneuvers while allowing Mr. Swallow to deny involvement in such controversial tactics and with little risk that anyone could prove the actual connection to him."

"Mr. Powers, with Mr.Swallow’s acquiescence, authorized a push-poll designed to sway voters’ views of Mr. Reyes by asking questions like, “Would it influence your vote if you knew that Sean Reyes vandalized as a teenager, or called Mexicans ‘brown people’?” The Swallow campaign denied involvement in both the ads and the push poll, and the hidden flow of undisclosed funds made it impossible for voters to assess the campaign’s denials before Election Day 2012 arrived."

"The Committee developed concerns that some of the documents that Mr. Swallow had provided to the Committee were not authentic and had been created after the events they described in order to mislead those who might inquire about those events."

And those are just from the first few pages. It's a 200-page report. It would not surprise me to see Swallow, Shurtleff and Powers get jail-time.

KSL Radio Debate w/ Sean Reyes & John Swallow

This is all just me typing so no errors, typos, omissions, or misrepresentations were intentional, if any.

I joined the debate late, got there during Reyes' opening statement.

Reyes emphasizes his lawyer and leadership experience, points out Swallow's lobbying experience.

QUESTION - Does it matter who's conservative?

Reyes - It matters. At the same time, most functions are non-partisan, though this is a partisan race. I'd represent the people. It's like a firefighter, you want someone with the most experience.

Swallow - I have to rely on my record. Served in legislature. I'm conservative, will be conservative.

Reyes - Office is for and of the people. Gun rights; I'm packing right now.

QUESTION - Illegal immigration

Swallow - Shurtleff's been active in this. We've done a good job on this with ID theft. I'll leave immigration policy to legislators, and I'll enforce what they say.

Reyes - Fed govt wants to regulate immigration but won't fix broken Visa process, etc., I opposed HB 116. As AG, I will defend that law. I support background checks on those arrested for serious crimes. We need E-Verify.

Swallow - I'll differ with Mark on the way he leads in the press. I'd be more behind the scenes.

QUESTION - Has this race become too nasty? We have anti-Reyes ads from a PAC in Vegas. Anti-Swallow ads coming from UtePAC. Outside money coming in with nasty tones.

Reyes - I denounce SuperPACS and had nothing to do with it. Swallow's team have chosen to engage in a hitpiece SuperPAC they know are false. I'd encourage him to denounce those as well. Even before this, there were a lot of lies about me, that my father was illegal, that's not true. So many things they've accused me of. These things are dirty and disrespectful to the public, and it's what you resort to when you can't beat someone on experience.

Swallow - We have tried to run a positive issue-oriented campaign. Every ad I've approved has been positive. (WHAT?!) We kept hearing whisper campaigns from the other side. This Democrat SuperPAC is very disturbing. It's told lies about me, gave Reyes' campaign life. Why are the Democrats so interested in this GOP primary? Voters should say "We don't want to support a candidate the Democrats wants."

Reyes - people warned me it'd be dirty if I ran against Swallow, and it's been true. Pre-convention they spent thousands on dishonest push-polling. It's hard for John to say he's been above board when we both know that's not true.

QUESTION - ObamaCare

Swallow - one of my thrills was going to Supreme Court, seeing demeanor of justices. They're concerned about Constitutionality. If they rule the mandate down and ObamaCare unconstitutional, they're afraid of being seen as superlegislature by striking whole thing down.

Reyes - It's likely dead. I'd look for different ways to attack it if they don't throw it out. I'll be ready to defend Utah. My only criticism with John on this was him taking too much personal credit for the suit against ObamaCare. Anita Mitchell said he misrepresented his role.

Swallow - Anita Mitchell was that critic, and it was a malicious smear by the Democratic UtePAC against me. We were integral in our role against ObamaCare.

QUESTION - Consumer protection?

Reyes - No good reason to move it to the AG's office. They work in conjunction with AG office but they handle 1000's of complaints. It'd be counterproductive. Only other reason to do it is to concentrate power into one office, it invites abuse. People want more trust and transparency.

Swallow - When I become AG, I won't be marching in place. I will use my experience as legislator and Asst. AG. Shurtleff's wanted to move the office under AG for a long time. Most people logically think that division is already under AG office. We'd add resources.

Reyes - John wants to grow govt, make the office bigger and less efficient. It's all politics. That's not what we need in the state. This came out from the taped phone call from a potential donor. It's the context, that's what people are worried about. Trust, integrity.

QUESTION - What impact would you want to have in your first four years in office?

Swallow - That tape-recorded conversation, I was proud of it. Every single person in this country is a potential donor. Those were propagated lies. But to our public lands, it's about hunting, fishing, and jobs. Taking our lands back would fund education.

Reyes - I will be for getting our lands back, stop encroaching fed govt. My vision is to bring the AG office back to the people. People don't want increased cronyism, backroom deals, etc. (paraphrased that). Many public attorneys and private law firms are supporting me.

Swallow - The encroachment of fed govt is made manifest in ObamaCare and feds taking our lands.

QUESTION - How do we maintain productive relationship with Fed govt?

Reyes - plenty of areas, particularly law enforcement, ATF, DEA, etc. But Fed govt is so overreaching. I agree with HB 148. We need to be able to access some of the trillions of dollars of energy locked up by Fed govt. We won't destroy the state, we want areas for hunting, fishing, preservation, etc.

Swallow - We have supremacy clause in Constituion but Fed govt was supposed to protect our rights. It's a Reagan approach.

Reyes - We need help with Western states too and I'm the one with the credentials to do it.

QUESTION - What is your question for Reyes?

Swallow - I will decline. It's about the state of Utah, it's not about my opponent. It's not about Democratic PACs throwing malicious lies at me. I want the people to understand that.

Reyes - No question for him, but I can offer a soliloquy as well. I am offended that my opponent would impune my integrity. There are a lot of things I could have raised, but I've been under attack by an out-of-state SuperPAC and Swallow's campaign has come after me with lies. Swallow broke camapign laws. It's offensive to accuse me on one hand when he knows he's the one who paid restitution for violating FEC laws.

FINAL STATEMENT

Reyes - Visit my site http://www.seanreyes.com and see who endorses me and why. We are not running for Lobbyist General or Fundraising General. Leading other lawyers to victory matters. Honesty and integrity really really matter. We need a lawyer first, not a politician. I'm the most ready to serve.

Swallow - I want to categorically denounce what he said before his closing. I'm running for this office becuz I believe in this office. I'm a conservative. I don't have support of the liberal media or the Democratic SuperPAC like my opponent. I'm proud of that. As a legislator, I worked to cut taxes and strengthen our rights. I've led against ObamaCare. I'll continue to lead.



There you have it.

I've said before I'm supporting Reyes, and this really helped cement it for me.

I've had many people tell me John Swallow's a good guy, but his campaign has been so dirty that I can't believe what he says.  Reyes denounced the SuperPACs; Swallow did not.  Jason Powers is helping run John's campaign and everything I've seen from him this year suggests he specializes in negative campaigning.  But then, Swallow's statewide campaigns always feel like that.  I remember feeling dirty after the Swallow-Bridgewater race, and I wasn't even paying too close attention to it.  Of all the races, Swallow winning actually makes me the most nervous.  Reyes strikes me as the most honest of the two.

Reyes & Swallow on KSL's Sunday Edition

Richard Piatt will moderate. (He's one of my favorite reporters.)

JOHN SWALLOW - This is a critical time in our state. I'm a conservative, and that's the real difference between the two of us. I led on repealing ObamaCare; Sean thought we should wait. I led on regaining our lands; Sean thought we should wait and try a different approach. Utah needs an AG with conservative values. That's why I should be elected.

(Swallow came out swinging this time.)

SEAN REYES - The office of AG is critical to the state to defend freedom and families. The AG is the lawyer for the state. My vision is turn the office of AG back into a law office for the people. I'm not a fan of the unduly influences by politics, by lobbyists, and what I want to see is a law office accountable to the people. I'm not a career lobbyist, I'm not a career fundraiser, I'm a career lawyer.

(I do think the more people realize that Swallow was a lobbyist for the payday loan companies, and that Swallow's appointment to the AG office was after all the fundraising he did for Shurtleff, the more they'll look to see what Reyes has to offer.)

Piatt asks what specific leadership qualities would you bring to the AG office.

SWALLOW - I have experience in the AG office. Leadership is about having a vision, it's not just about being a lawyer and logging billable hours.

REYES - Being a seasoned, experienced lawyer is an important part of being a leader. I've been a leader in civic and community teams, some bigger than the AG office.

Piatt - What would you change?

REYES - The office needs to be less political, less beholden to special interests, to lobbyists. I'm not a career lobbyist, not a career fundraiser. I'm a career leader, and that's what the office needs right now.

SWALLOW - I'd like to change the political nature of the job. I have experience in the AG office, in the legislature, I've worked with the governor, but I'd like to deal with policy issues behind the scenes, not as much in the public light. We've led the fight on getting back our public lands.

Piatt - Will this be a non-partisan office?

REYES - It is a partisan race, it's set up that way, but a lot of the functions are non-partisan. I liken it to a firefighter. If someone's house is on fire, they care most about the experience and ability of the firefighter, not his party. The AG should have the best record of winning cases, fighting cases in court.

SWALLOW - I've been leading the largest case in the history of the state, the ObamaCare case. I cannot divorce myself from my conservative principles and values. My conservative bias will come through as AG.

(he's smarmier when he's more comfortable)

Piatt - So you're saying you will keep it a partisan office?

SWALLOW - No, but I will always be a Republican and conservative at heart and my decisions will be based on my core beliefs.

REYES - The AG needs to be independent; he is the voice for the people and in many cases is the last line of defense for the people.

Piatt - Mark Shurtleff stepped out a bit; he defended Eric Holder in the fast and furious case for instance. Does that mean you disagree with Shurtleff about taking positions against the GOP line?

SWALLOW - Not at all. My record will show I'm able to be independent from anyone I disagree with. I have the courage to stand on my own. If and when I disagree with the legislature, i will let them know. I'll do so behind the scenes.

REYES - The approach is better when done behind the scenes. The governor and legislature appreciate that. That said, but if there's an issue I care about, or something the AG office can shine a light on, like domestic abuse, I would use the office in a more public way.

Piatt - What about the selection of attorneys to represent outside of Utah?

REYES - As long as it's an open process. Could apply to 10th Amendment cases, could be large liability cases.

SWALLOW - Generally speaking, I'd like all to stay in-house to save taxpayer dollars. We have specific rules as to how to do it.

Piatt - How far should Utah go in prosecuting polygamy?

SWALLOW - The AG office doesn't pursue what happens between consenting adults, but when there's abuse or fraud or teen victims, that's when we'll step in.

REYES - I would prosecute polygamy. It's not my highest priority, but I would go after those committing teen rape, predators like Warren Jeffs. My focus would be on protecting women and children and going after tax fraud.

Piatt - How far should the state's roll be in illegal immigration?

REYES - I didn't support HB116 because it went too far, but I would support going after more identity theft cases, background checks for those arrested for serious crimes, that's an appropriate use of our state police power. We need to do something. I'd support E-Verify. I'd push the feds to come up with national solution.

SWALLOW - It is a federal issue, but we have to deal with the consequences. As AG I'll be ever stronger on that issue.

Piatt - Closing remarks.

SWALLOW - I'm running for this office because I believe in this office. I have support of conservatives because I'm conservative. No one needs to wonder how I will run. I stand on my conservative record. I'm a conservative. I'll lead with conservative integrity. I conservatively thank you for your conservative vote.

REYES - I appreciate the opportunity. I'm the most qualified candidate for the AG office. I've done more representing in court and that's why so many legal leaders support me. I'm proud of my conservative credentials. I'm not running for Lobbyist General, I'm running for Attorney General. Please go to my website http://www.SeanReyes.com

Very brief debate.

If this was the only one I'd seen and I didn't know anything about these candidates, I would have said it was close and my mind would not be made up by this. But because I have seen their other debate and know a little something about each, edge to Reyes.

Kudos for the two men to meet on TV and debate and help educate voters. A fine example to all Utah politicians.  (Looking at you, Orrin!)

You can watch it here.

Sean Reyes-John Swallow Utah Attorney General GOP Debate

This is all paraphrased as I watch.

Opening Statements:

SEAN REYES - Thanks Stan Lockhart and Greg Peterson, excited about this debate and the Lincoln-Douglas format, and I apologize that Swallow changed his mind last night and refused to do an L/D style debate. "I want to return the attorney general's office as a voice for the people." Needs to make sure law enforcement does not deprive citizens of rightsd and liberties. I have the leadership background and experience. Please visit our website at http://www.seanreyes.com

JOHN SWALLOW - It's my privilege to be here this afternoon. Let's talk about our country and where we are. It's been my privilege over the years to stand on the wall and fight for you. It's been my privilege to work as a lawyer at a private-equity firm for almost 22 years, fighting my own cases, winning battles in court. I fought for property rights, I've been endorsed by the NRA, in the legislature I fought against illegal immigration. I'm part of the fight to defeat ObamaCare. I'm the lead attorney in regaining access to our lands. I'm pleased to earn the endorsement of Mike Lee, who knows my integrity and values.

Moderator: What was the largest case you've ever been involved in?

REYES - Hard to quantify, are you talking dollars, number of lawyers, etc. It was the Yellowstone case, billions of dollars at stake in that bankruptcy case where several small businesses stood to lose tens to hundreds of thousands on that. We faced the largest law firm in the nation, they sent 150 lawyers. I was one of the leads and we won, we protected those citizens.

SWALLOW - I'll waive rebuttal.

(Swallow's countenance is sunny.)

Moderator: In any state or federal court, have you first-chaired a trial, argued, or drawn a brief (not counting small-claims court)?

SWALLOW - That's tough for someone to answer for someone who's been a lawyer for almost 22 years. I'm almost always lead-chair in cases I work on. Example is touch-phone case. I handled XM International vs. I won a summary judgement.

(I'm not going to be too great at paraphrasing these court and case details examples).

REYES - You never first-chaired any trials at state or federal level, you never argued an appeal, you never drafted an appeal, the experience you're touting is what any second- or third-year litigator would do. It's what I've done my entire career. What I'm talking about is leadership. You take credit for ObamaCare, but--

(45 seconds are up.)

(Reyes is ready to fight.)

(Swallow kinda looks like Sen. Bill Henricksen when he gets upset.)

((Bill Paxton))

(((A slightly younger Bill Paxton)))

Moderator - What's your stance on public lands?

REYES - I fight. I support HB148. I understand the needs for a state to have sovereignty. Our Founders would turn in their graves if they could see what federalism has become. There are serious issues facing us. Sweeping federal powers have been granted to take lands. We're looking at different solutions. We want our lands back.

SWALLOW - Because my opponent doesn't have a record on that, I can't rebut that. I take him at his word. (See what he did there?) I'm running for attorney general, not running against Sean Reyes. I have led almost every case I've been in since I was a junior associate. I'm the lead counsel on the 3310 against the Secretary of the Interior when he tried to take away our lands.

Moderator - Are you AV rated, which is one of the highest integrity ratings? If not, what is your Martin-Dale-Hubbell rating?

(I get the feeling that lawyers went "WooOOoo!" when this was asked, while the rest of us went "Huh?")

SWALLOW - One of the funniest things is to listen to two lawyers talk about things that no one else understands. let me explain how Martin-Dale-Hubbell works. If you want a rating from them, you pay a fee. I have not been a part of a litigation firm, outside of the atty general's office, since I was 7 years out of law school. I know what kind of attorney I am, I honestly, Sean, don't know what my MDH rating would be. When I worked as a partner, I was entitled to it but I haven't thought about it until you brought it up.

(I remember a candidate once saying the same thing about the Better Business Bureau.)

REYES - I'll give you a pass for not understanding the process since you haven't practiced law for most of your 22 years. You don't pay for an AV rating, it's done anonymously. You can't get a skill rating until the majority of judges and lawyers feel you've earned it. Mark Shurtleff has a rating and he hasn't been in a law firm for a while. The lawyers and partners you talk about have AV ratings, I've had one for almost half of my career. It's significant. People are proud of it because we're real lawyers.

Moderator - The case against ObamaCare was filed the day it was signed. What was the rush? In trying to rush it, was anything sacrificed?

REYES - The whole idea of politicians putting forth 4000-page bills with unconstitutional items in there was horrible, but as atty general I would be for more openness and transparency, but since John brought something else up in his rebuttal, I want to address it. He staked his credibility as a lawyer on ObamaCare. His own people and his own office said he had little to do with it. Our former soliticor general Anita Mitchell was lead lawyer on it and called him on it. She said she felt disappointed you were misleading voters on that. The other folks in your office tell me you're hardly there, you're absentee; I understand you have political ambitions and other things you want to work on.

SWALLOW - Wow. That's all I can is "Wow." You are so misinformed. I have respect for Mitchell, but she was not part of the main team. I was on the ground floor. Sean, you don't know what you're talking about. Get your facts straight and be honest. Wow. Wow!

Moderator - Name the following: the companies you have lobbied for, the last time you received compensation for lobbying, and any supplemental income you receive outside of atty general's office since you started working there.

SWALLOW - The answer is no to the first two. (What?!) I have friends in the legislature, and I decided to go beyond what the law required and disclose anytime I met with anyone. Disclosure and transparency is missing in this state. You should know better. You know what you've accused me of is not true.

(I just heard the head of a former Provo City Council employee explode.)

REYES - You didn't even answer the question, and that's the problem, and your indignation belies the fact that someone's calling you out and asking you to be honest. You give yourself too little credit for your lobbying career. I remember being introduced to you by Richard Rahle (sp?), your former boss, he's the CEO of Check City (Swallow just got that "oh-crap" look on his face) and he was bragging about his super-lobbyist, and that seems inconsistant with how you portray it. You can sound good, but the facts contradict what you say, and people need to hear that. That's the only reason we're bringing these up. We're running for Attorney General, not Lobbyist General, not Legislator General; that's all I've done, and I'm a better lawyer than you.

(Drops the mike and walks away.)

(Not really.)

Moderator - Freedom and liberty are the reason these people are here today. Tell me how the Attorney General factors into that.

SWALLOW - Before I was in the Atty General's office, I didn't really know about federal encroachment, but now I understand. The Atty General is about being a leader, and he does more than log hours and fill briefs. He has to stand up and have a vision, and that's what we did against ObamaCare. The states are the guardians against federalism. The Attorney General fights for our liberties. I will lead the fight for liberty.

REYES - The role of the Atty General is one of those pre-eminent roles. I'm tired of the Fed Govt of telling us what to do with our land and our guns and our gold, they have too much interference in our daily lives. I will fight to return power back to the individuals, to families, not just the state against the federal government. Here's the irony, sometimes the state will turn around and encroach on the rights of the cities and municipalities. We need someone not to just stand on a wall, but who will get in the trenches and fight. We have to be vigilant or freedoms will erode away, and we need someone who will stand and fight.

Moderator - Summation from each candidate.

SWALLOW - Thank you, it's been a privilege. I can use my personal history as experience, as Deputy Attorney General, as six years in the legislature. The NRA, Mike Lee and Mark Shurtleff endorsed me. I will fight for the rights of the parents. I will lead the fight against illegal immigration, when I voted to make English the official language of the state. I can't believe you ripped my metaphor about standing on a wall, we need to stand on anything to fight back against the federal government.

REYES - We need a lawyer. When you vote for the Attorney General, you're voting for the state's top lawyer, and John helped me make my case, you're also voting for a leader. I have far more leadership experience, I've led large teams of lawyers and business organizations, I've been a leader my entire career. I want to take that experience to the Attorney General's office. I will roll up my sleeves and not worry about a political career, but turn the AG office back into one for the people. We don't need a career politician who happens to have a law degree; we need a career lawyer who happens to understand politics, and that's what I will bring. With your vote on June 26, I will stand up to protect our families, our freedoms, our lands, our business communities, these are my commitments to you, based on sound Constititutional principles. My experience in law and leadership speaks for itself, my opponent's lack of law and leadership speaks for itself, and the disparity between us speaks for itself. Sean Reyes, Utah's next Attorney General.

And it's over.

After this debate they took a straw poll and Reyes won with 62%. It was electric, and now it's a matter of looking up the stuff they said and seeing who's portrayed a more accurate picture. Personally, I thought Reyes did a nice job of contrasting their experience and he came ready to fight. He made Swallow look like a politician first. (And I've heard from others about his lobbying for payday loan companies). I was for Reyes before I saw this, but now I really am.

Which lawyer would I want representing me? For me it's now obvious.

You can watch the whole debate yourself here.