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Context of 'May 2005: Conservative Activist Organization Urges Justice Department to Investigate US Attorney for ‘Malfeasance’ regarding Voter Fraud Claims'

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John McKay.John McKay. [Source: Seattle Times]John McKay is sworn in as the US Attorney for the Western District of Washington State. McKay has little or no experience as a prosecutor; most of his legal career has been spent in private practice, except for a brief stint as a special assistant to then-FBI Director William Sessions. [US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] McKay was president of the Congressionally established Legal Services Corporation in Washington, DC, a private non-profit corporation designed to ensure low-income citizens receive adequate legal representation. He was a White House Fellow in 1989-1990, where he worked with Sessions. [US Department of Justice, 12/14/2006] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: US Department of Justice, William S. Sessions, Legal Services Corporation, John L. McKay

Timeline Tags: Civil Liberties

Christine Gregoire (D-WA), declared the loser in her gubernatorial race against Dino Rossi (R-WA) by a mere 42 votes (see November 2-30, 2004), is shown to be the winner after a full recount. On December 23, 2004, Gregoire is certified to have gained 919 votes in the recount, and Rossi gained 748, giving Gregoire a 129-vote lead. The State Legislature certifies the vote, and Gregoire is sworn in as governor on January 12, 2005. [Washington Secretary of State, 12/23/2004; Seattle Times, 12/30/2004; HistoryLink (.org), 6/7/2005] 1,555 votes in Democratic stronghold King County were initially not counted, 573 of them because their signatures had not been entered into the computer database. It is certain that these 573 votes were improperly rejected, and perhaps many of the others as well, the King County Elections Board determines. The error comes to light when Larry Phillips, chairman of the Metropolitan King County Council, discovers that his vote was disqualified. His request to find out why he was disqualified leads to the discovery of the 573 uncounted votes. Republican Party chairman Chris Vance says of the findings that he and his fellow Republicans are now “absolutely convinced that King County is trying to steal this election.… There are Republicans urging us to organize mass protests, to take to the streets. At some point people’s patience just runs out.” He adds: “It’s either gross incompetence or vote fraud. I guess we should just keep expecting King County to find votes until they find enough.” Republicans accuse state Democrats of attempting to rewrite Washington’s election laws to ensure Gregoire is named the victor. [Seattle Times, 12/14/2004; Seattle Times, 12/14/2004] As many as 162 absentee ballots in King County were “misplaced” and not counted. King County Elections Director Dean Logan said before the recount was complete that “we knew as fact” those voters were improperly disenfranchised. [Seattle Times, 12/17/2004] King County Republican Dan Satterberg, a member of the King County Canvassing Board, says: “We’re determining the validity of votes and ballots one at a time.… It reminds me of when I would umpire Little League games. You never want the umpire’s call to make the decision in the game.” Satterberg attempts to block the counting of disputed absentee ballots, but is outvoted by the canvassing board’s two Democratic members. The State Supreme Court reverses a lower court ruling and allows the absentee ballots to be counted in the larger totals. On December 21, just before the vote totals are announced and Gregoire is named the winner, some 350 protesters gathered in front of the Supreme Court building, demanding that Rossi be named the winner, accusing the Gregoire campaign of orchestrating a systematic voter fraud effort, and comparing Washington State to Ukraine, a nation whose recent elections were marred by massive voter fraud. The rally was sponsored by a conservative talk radio station. [Associated Press, 12/22/2004; Seattle Times, 12/23/2004] Washington State Republicans file a lawsuit challenging the recount and demanding that Rossi be sworn in as governor, citing as evidence their claims that hundreds of convicted felons voted without going through the procedure to have their civil rights restored. They also claim a raft of other irregularities benefited Gregoire, particularly in the Democratic stronghold of King County, and will challenge 1,678 votes cast as “illegal” and “fraudulent.” [HistoryLink (.org), 6/7/2005] Rossi will demand a new election (see December 29-30, 2004), a demand that will not be honored (see February 4, 2005).

Entity Tags: Chris Vance, Dean Logan, Dan Satterberg, King County (Washington), Christine O. Gregoire, Dino Rossi, Larry Phillips, King County Elections Board, Washington Supreme Court

Timeline Tags: Civil Liberties, 2004 Elections

John McKay, the US Attorney for Western Washington State (see October 24, 2001), receives a telephone call from Chris Vance, the state’s Republican Party chair. Vance is unhappy with the results of the Washington gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA); Rossi was initially declared the winner, but Gregoire forced a recount and was declared the winner, a declaration Vance and state Republicans are disputing (see December 23, 2004 - January 12, 2005). Vance will later say he feels it necessary to call McKay as a fellow Republican. He will later recall the gist of his discussion with McKay, saying, “Republican activists were furious because they felt that you had a Republican secretary of state, a Republican county prosecutor… and a Republican US Attorney, but still they saw the governorship slipping away, and they were just angry.” He will recall McKay saying something like: “Stop right there, I can’t talk about this. If we are doing any kind of investigation or not, I can’t comment.” Vance will recall, “I dropped it.” Vance is in regular contact with White House political chief Karl Rove, and it is likely that the two discuss the gubernatorial election, though Vance will deny any memory of speaking with Rove about McKay or any desire for a federal investigation of the election. At the same time, prominent businessman and Republican activist Tom McCabe, angry that McKay is not pursuing allegations of voter fraud against Gregoire, begins contacting the White House to demand McKay’s firing (see Late 2004). McKay will later testify that he “vaguely remembered” receiving the call from Vance, but remembers nothing “significant” from the conversation. McKay will later be placed on a list of US Attorneys to be fired, most likely for political reasons (see December 7, 2006 and December 20, 2006). White House emails will not clarify why McKay is targeted for firing, though McKay will recall that White House counsels Harriet Miers and William Kelley cite the anger among Washington State Republicans over the 2004 elections and his refusal to pursue allegations of voter fraud as one reason behind his firing. [Seattle Times, 3/14/2007; Talking Points Memo, 2011] In January 2005, McKay is contacted by the chief of staff of US Representative Doc Hastings (R-WA) about the possibility of voter fraud in the election (see January 4, 2005). In early 2005, Vance and prominent state Republicans will call on McKay and the Justice Department to launch probes into voter fraud allegations that they say benefited Gregoire. [Seattle Times, 3/13/2007] Gregoire will win the election by 133 votes after a lengthy judicial review. Allegations from state Republicans of voter fraud that supposedly benefited Gregoire will be dismissed as baseless. Both sides will allege that mistakes in vote counting and voting reports led to erroneous vote tallies, and both will allege that hundreds of disenfranchised felons cast ballots in the election. The court will find that 1,678 illegal votes were cast in the elections, though it will remain unclear who received the most benefit from those votes. [Seattle Post-Intelligencer, 6/5/2005]

Entity Tags: Dino Rossi, Karl C. Rove, Harriet E. Miers, Richard (“Doc”) Hastings, Chris Vance, John L. McKay, Tom McCabe, Christine O. Gregoire, William Kelley

Timeline Tags: Civil Liberties

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) issues a noncommital statement on allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay, along with the FBI and the Justice Department, have examined the evidence presented in the allegations (see December 2004), and found no reason to bring any indictments (see January 4, 2005). Shortly after McKay issues the statement, Ed Cassidy, the chief of staff for US Representative Doc Hastings (R-WA), telephones McKay to discuss the race. According to McKay’s recollection, Cassidy begins asking him about the election and the potential investigation, and McKay responds with what he will call information consistent with his public statement. When Cassidy says, “You know, John, it’s really important—” McKay interrupts him and says, “Ed, I’m sure you’re not about to start talking to me about the future direction of this case.” McKay will recall taking a very stern tone with Cassidy. Cassidy terminates the call. (Cassidy will recall McKay saying, “I hope you’re not asking me to tell you something that I can’t tell you.”) McKay informs his First Assistant US Attorney and the criminal chief, Assistant Attorney General Alice Fisher, about the call. Both say he conducted himself appropriately. All of them decide there is no need to report the call to the Justice Department, because Cassidy did not cross the line and demand that McKay open an investigation. McKay will later say he is “concerned and dismayed by the call” from Cassidy. Cassidy will say he did not place the call at the behest of Hastings, but because of the outrage among state Republicans at Gregoire’s victory. Cassidy will say that he wanted to make sure Hastings did not make any inappropriate public statements if there was indeed a federal investigation opening. He will say that his telephone call to McKay is merely to head off the possibility of Hastings making what he calls “intemperate remarks” about the election. He will also say that his call to McKay “was a routine effort to determine whether allegations of voter fraud in the 2004 gubernatorial election were, or were not, being investigated by federal authorities,” and will say that he did not violate ethical boundaries in the conversation. Hastings will call Cassidy’s discussion with McKay “entirely appropriate,” and will add, “It was a simple inquiry and nothing more—and it was the only call to any federal official from my office on this subject either during or after the recount ordeal.” Hastings will say that he did not ask Cassidy to place the call, but will recall probably receiving some constituent complaints about the election and the alleged voter fraud that some callers said “gave” the election to Gregoire. He will say that he never had any misgivings about McKay. [TPM Muckraker, 3/6/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] (A later Talking Points Memo report on the Cassidy-McKay discussion will inaccurately place it as taking place in November, before the recounts are completed.) [Talking Points Memo, 2011]

Entity Tags: John L. McKay, Ed Cassidy, Richard (“Doc”) Hastings, Christine O. Gregoire, Federal Bureau of Investigation, Alice Fisher, US Department of Justice, Dino Rossi

Timeline Tags: Civil Liberties

The Evergreen Freedom Foundation, a conservative activist organization in Washington state, sends a three-page letter to Attorney General Alberto Gonzales urging the Justice Department to investigate US Attorney John McKay (see October 24, 2001) for misconduct. The foundation charges that McKay “has committed malfeasance by systematically refusing to act on evidence of election fraud delivered to his office.” The foundation, along with several Republican leaders in Washington state, say that McKay willfully ignored complaints of election fraud in the hotly contested 2004 governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay opened an investigation, but did not empanel a grand jury to investigate further (see January 4, 2005, Late 2004 or Early 2005 and Late 2004). McKay will later say that his office found no grounds for the voter fraud allegations: “We had lots of instances of incompetent handling of an election. What we didn’t find was a criminal act.” The director of that group’s voter integrity project, Jonathan Bechtle, later says that he believes his group’s complaint was forwarded to the Justice Department office that oversees US Attorneys, but will say, “I couldn’t get any information out of them as to the conclusion.” [Washington Post, 3/19/2007; Iglesias and Seay, 5/2008, pp. 133]

Entity Tags: Christine O. Gregoire, Jonathan Bechtle, Evergreen Freedom Foundation, John L. McKay, Dino Rossi, Alberto R. Gonzales

Timeline Tags: Civil Liberties, 2004 Elections

The civil trial brought by Washington State Republicans to try to “settle” the disputed 2004 governor’s race between Dino Rossi (R-WA) and Christine Gregoire (D-WA) opens. Gregoire won the recount to defeat Rossi by a slender 129-vote margin (see December 23, 2004 - January 12, 2005), but Republicans, claiming an array of voter fraud and other inappropriate actions cost Rossi the vote (see December 29-30, 2004), filed a lawsuit to have the election results overturned (see January 7, 2005). The lawyer for the Republican plaintiffs, Dale Foreman, says in his opening statement that he has evidence of “ballot stuffing” in King County, the most populous county in Washington and a center of Gregoire’s Democratic voter strength. “This is not just a case of sloppy. This is a case of election fraud,” Foreman says. Up until today, Republican plaintiffs have insisted that they would not need to allege fraud in the race to win the lawsuit. “This election was stolen from the legal voters of the state by a bizarre combination of illegal voters and bumbling bureaucrats,” Foreman continues. “King County’s failure to track the absentee ballots was not only unlawful, but it opened the door for ballots to be subtracted or added.… The evidence will show partisan bias. And partisan bias is a very politically correct way of saying, ‘Somebody stuffed the ballot box.’ You know, if it walks like a duck and quacks like a duck, it’s probably a duck.” (US Attorney John McKay will later say that he is amazed to hear Foreman make such a claim, telling a reporter in 2007: “I was shocked to see him use the words ‘ballot-stuffing’ because that is a crime. If you say that, you are ethically bound to prove that.” McKay launched an aggressive investigation into voter fraud after the election that bore no fruit—see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, January 4, 2005, April 28, 2005, and May 2005). Foreman tells the jury that “sinister” fraud and corruption “up the food chain” robbed Rossi of the governor’s office. Judge John Bridges quickly puts an end to Foreman’s claims, reminding him and the jury that he and his clients have not included such charges in their case up until now, and Foreman cannot add them at this point in the proceedings. Bridges will allow Foreman and the plaintiffs to introduce evidence against King County, but will not allow them to label it as fraud in the courtroom. The Seattle Times reports, “That matters because a fraud claim would not require Republicans to show that King County’s actions specifically cost Rossi votes or gave… Gregoire her winning margin of 129 votes.” Now, Republicans must show that specific actions by election workers, illegal votes by convicted felons, and other actions directly affected the candidates’ vote totals. “The judge will wait… to see if they connect the dots and show election fraud,” says Thomas Ahearne, an attorney representing Secretary of State Sam Reed (R-WA). The plaintiffs have scheduled no one to testify about allegations of fraud, including ballot stuffing. The plaintiffs want Bridges to subtract votes they consider to be “illegal” from each candidate based, not on demonstrable fraud or illegality, but on the statistical pattern of the overall vote in each precinct. Democrats consider this idea “bogus,” press reports say. [Seattle Times, 5/24/2005; National Journal, 5/24/2005; Seattle Times, 3/13/2007]

Entity Tags: Sam Reed, County of King (Washington), Christine O. Gregoire, Dale Foreman, Dino Rossi, Seattle Times, Thomas Ahearne, John Bridges, John L. McKay

Timeline Tags: Civil Liberties, 2004 Elections

Washington State businessman Tom McCabe sends a letter to Representative Doc Hastings (R-WA) demanding that he “ask the White House to replace Mr. McKay” for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. McCabe is following up on his earlier insistence that US Attorney John McKay of Western Washington State be fired for not pursuing McCabe’s allegations of voter fraud in the race between Christine Gregoire (D-WA) and Dino Rossi (R-WA) to serve as Washington’s governor (see Late 2004 and Late 2004 or Early 2005) after he provided useless “evidence” of voter fraud in the race (see December 2004 and January 4, 2005). (A judge threw out all of the Republican “evidence” of what they called “voter fraud” in his rejection of the claim—see June 6, 2005). McCabe repeatedly and erroneously claims McKay is a Democrat, and accuses him of deliberately failing to pursue the allegations because of his supposed political stance. McCabe sends copies of the letter to John Fund, a conservative editorialist for the Wall Street Journal; former US Attorney and current federal judge Greg van Tatenhove; and Bob Williams of the conservative Evergreen Freedom Foundation (see May 2005). Hastings will later confirm receiving the memo, and will say that he responded, “I flat out refused to do so, which [Hastings’ chief of staff] Ed Cassidy told him in the bluntest of terms.” Cassidy later says that Hastings’ staff did not reply to the letter. Hastings later says he would not have called the White House to complain about McKay because US Attorneys are executive branch matters. No White House official will recall speaking to Hastings about McKay. [Tom McCabe, 7/5/2005 pdf file; TPM Muckraker, 3/7/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Cassidy raised the issue with McKay months before and was rebuffed (see January 4, 2005). A 2008 Justice Department investigation (see September 29, 2008) will not name McCabe or his organization, the Building Industry Association of Washington (BIAW), as the author of the letter. [Tom McCabe, 7/5/2005 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Building Industry Association of Washington, Ed Cassidy, Bush administration (43), Bob Williams, Christine O. Gregoire, Evergreen Freedom Foundation, Tom McCabe, Greg van Tatenhove, Dino Rossi, John Fund, Richard (“Doc”) Hastings, John L. McKay

Timeline Tags: Civil Liberties

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