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Oct 26, 2009

RELEASE: TABOR NOW Campaign Requests Criminal Investigation of Senate President, House Speakers’ Offices

Documents Reveal Legislative Resources Were Used for Illegal Campaign Activity, Pay-to-Play Schemes

AUGUSTA - The TABOR NOW campaign announced at a press conference in Augusta today that it has requested a criminal investigation of the legislative staff of the Senate President and House Speaker for possible violation of laws relating to the misuse of taxpayer-funded legislative resources for the purposes of raising money and building alliances to engineer the defeat of Questions 2 and 4 on the November 3 ballot.
 
After learning of an August 12 closed-door secret meeting held in the Speaker's Office, hosted by Senate President and gubernatorial candidate Elizabeth "Libby" Mitchell and Speaker of the House Hannah Pingree, the TABOR NOW and MORE GREEN NOW campaigns requested the legislative leaders' offices provide all documents and communications related to Questions 2 and 4 under Maine's Freedom of Access Act (FOAA).
 
The results of the request suggest legislative staff and campaign fundraisers colluded, using legislative property, legislative computer systems and legislative staff time, to hold the meeting with certain special interest members of Maine's transportation and construction community to solidify opposition, and to raise funds for the political action committees organized to defeat the two tax-related initiatives.
 
"Ultimately, we hope to raise funds from them [attendees of the secret meeting]," Rick McCarthy former Senate President Chief of Staff and current lobbyist for Maine Tomorrow wrote in an August 3 e-mail to Speaker Pingree's Senior Special Assistant William Brown.  Later, on August 11, McCarthy wrote to Brown and Ted Potter, President Mitchell's Policy Director, that "I still think it [the secret meeting] should be held in the Speaker's Office.  Much better it not be attended by the press."
 
In addition, McCarthy prepared a one-page "Talking Points" document specifically for the secret meeting for the House Speaker and Senate President to "Convince them that the TABOR II and Auto Excise Initiatives would be bad for Maine, bad for the state's economy, and bad for their businesses."  McCarthy's Talking Points for the Speaker and President also suggests this secret meeting was a first step in a pay-to-play scheme, as he stressed the importance of the legislative leaders to convey to meeting attendees that, "It would be in your interest to support efforts to defeat the TABOR II and Auto Excise Tax Initiatives."
 
And just one day before the meeting was held, McCarthy sent another e-mail to Brown and Potter, in which he wrote, "I assume both leaders oppose any gas tax increase until after TABOR II and the Auto Excise Tax are defeated.  If that's the case, they should say so."
 
These and other activities revealed as a result of the FOAA request suggest criminal behavior taking place in the offices of President Mitchell and Speaker Pingree, prompting TABOR NOW State Chairman David Crocker to request Attorney General Janet Mills launch a criminal investigation, and the State Ethics Commission investigate campaign and lobbyist conduct.
 
"These documents potentially reveal corruption and criminal behavior at the very highest levels of Maine's citizen Legislature," Crocker said.  "Mainers' trust in their elected officials has been taken advantage of, and the legislative resources funded by our tax dollars have been abused for the purposes of blatant campaign activities and fundraising."
 
Crocker continued, "Although the activities surrounding the Speaker and President's secret meeting were potentially criminal, their thinly veiled threats, and the following contributions attendees made to the political action committees opposing Questions 2 and 4 indicate a play-to-play scandal that questions the integrity of the legislative leadership."
 
Between 2006 and 2008, contractors invited to the secret meeting received over $178 million in government contracts.  After the meeting was held, many of the businesses who participated in the meeting contributed nearly $60,000 to the defeat of Questions 2 and 4.
 
"If you follow the money, it's clear this wasn't a meeting to discuss the changes in public policy these initiatives would create.  This was about shaking down the businesses that contract with government and have profited off our tax dollars," said Tarren Bragdon, CEO of The Maine Heritage Policy Center.  "The Speaker and Senate President may have raised $60,000 to oppose Questions 2 and 4, but they broke the law, and took advantage of the people's trust to do so."

 

To view a copy of the e-mails referenced above, CLICK HERE

 

To view of copy of David Crocker's letter to Attorney General Janet Mills, CLICK HERE

 

To view a Timeline of Events, CLICK HERE

 

To view the PowerPoint presentation shown at today's press conference, CLICK HERE 

  

To view the amount in government contracts meeting invitees receive, and a breakdown of the contributions raised as a result of the secret meeting, CLICK HERE 

 

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CONTACT:

 

David Crocker, Chairman             david@tabornow.com

YES On 4 | TABOR NOW