Latest AG mystery: The dog that stopped barking in the night

Minnesota Attorney General Lori Swanson should be happy that Mike Kaszuba’s Sunday Star Tribune story about her office came on the eve of the first week of serious budget movement at the Capitol. Yet even amid the suddenly furious pace of legislative goings-on–"Hell Week!" in the pronouncement of one House DFLer who scurried past me in the hall this morning–the story has generated more than a little buzz.

As well it should. Kaszuba tells a supremely curious little yarn. To begin with, as Kaszuba notes, the AG’s office has long supported a state false claims act that would create a class of civil penalties for making false claims to state or local government, and allow whistleblowers to receive a financial reward for stepping forward to reveal same. It’s a classic exemplar of the hold-their-feet-to-the-fire ethos that defined the Mike Hatch era’s approach to malfeasance in high places. A total of 22 states and the federal government have already passed similar measures.

This session, however, Swanson’s office has been auspiciously absent from the ranks of the bill’s active supporters. And when the state trial lawyers association wrote to Swanson to complain, it wasn’t Swanson who answered, but the long-deposed Hatch–who resigned in 2007 after a controversial tenure on his successor’s staff.

Hatch suddenly had nothing very nice to say about the bill, which is surprising in view of the fact he was the first to urge legislative passage of such a measure, back in 2004 when the bill was carried by Rep. Nora Slawik (DFL-Maplewood) and Sen. Chuck Wiger (DFL-Maplewood). This time, in contrast, the AG’s office has not only backed away from the bill; for the first time in its numerous introductions at the Legislature, a fiscal note has been attached to the bill, pointing to purported costs of $4 to $7 million to implement the measure.

Why the about-face? It’s not as if the law would empower the whistleblowers in the AG’s own office (see links below); the bill expressly says that other units of government can’t be defendants. The real answer appears to be nothing more than personal animus. Here’s a clue: Hatch’s letter really had nothing nice to say about one of the bill’s co-authors, Rep. Steve Simon (DFL-St. Louis Park). As it happens, Simon is the person who asked Legislative Auditor Jim Nobles to look into those whistleblower allegations issuing from the AG’s office last year.

If you’d like some background about those allegations, and the legislative auditor’s investigation, check these links: John Rosengren’s Minnesota Monthly profile of Swanson; Eric Black’s MinnPost coverage [I] [II] of conflicts and allegations at the AG’s office; and Kaszuba’s June 2008 Strib story about an allegedly retaliatory firing by Swanson.

No Responses to “Latest AG mystery: The dog that stopped barking in the night”

1. Anonymous Says:
   March 17th, 2009 at 3:11 pm

   I think this article from the Minnesota Independent nicely sums up the Legislative Auditor’s findings on the AG’s office: http://minnesotaindependent.com/4552/capitol-hearing-reveals-specifics-of-allegations-against-swanson-and-hatch-in-agaos-office-controversy

   I’ve been befuddled by local news stories that have consistently reported that the Legislative Auditor “cleared” Lori Swanson. Jim Nobles has always said that his investigation corroborated reports of wrongdoing in the attorney general’s office. However, since these allegations don’t involve financial wrongdoing, his office didn’t have jurisdiction to investigate further.

   Hatch’s recent conduct confirms what everyone already knows about the office: Hatch is still pulling the strings, and the Hatch and Swanson are doing things that are at best unethical and at worst illegal.

2. Anonymous Says:
   March 18th, 2009 at 7:42 am

   Steve - Good post.

   The Strib’s story was far, far too deferential to Swason/Hatch on this thing. After all, we’re seeing the AG’s do an about-face on a key issue - and the only explanation is that Swanson/Hatch has a vendetta against a legislator. Maybe this was Swanson’s call - but folks around the capitol are ascribing it to Hatch, and his well-known vindictive streak. Sorry to say, but out first female AG doesn’t seem capable or willing to stand up to him. I was in a meeting yesterday where one legislator actually referred to her as the Stepford AG. Sad.

   The only thing that I’d add to your piece is a reminder that the Nobles investigation is ongoing, months later. Among the issues he’s investigating, still, are credible allegations that the AG’s office defrauded the federal government of Medicare money.

3. Anonymous Says:
   March 18th, 2009 at 9:33 am

   Thanks for the indirect reference to Sherlock Holmes.

   -Gary Thaden
   Government Affairs Director
   Minnesota Mechanical Contractors Association
   National Electrical Contractors Association

4. Anonymous Says:
   March 18th, 2009 at 9:39 am

   How do you suppose their shenannigans would be handled if these two nincompoops were republicans?

   A hearty thank you to anyone willing to scrutinize Hatch or Swanson. Minnesotans deserve better than the corrupt nonsense we have been getting.

   Steve Simon deserves a lot of credit for being one of the few legislative dems with a spine.

5. Anonymous Says:
   March 18th, 2009 at 2:21 pm

   One thing we’ve learned about the Stepford AG and her mentor is that they’ll stop at nothing to destroy their opponents. This is, like, the fourth or fifth gambit they’ve tried to embarrass/damage Simon. Hatch even went so far as to lie to Eric Black and others about Simon’s record at the AG’s office. All those rumors over the years, that Swanson and Hatch take no prisoners with their enemies, are turning out true. If I were simon, I’d be real real careful. They’re running out of options to get him, and that’ll just breed desperation and nastiness.