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Profile: Tom McCabe

Tom McCabe was a participant or observer in the following events:

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. [US Department of Justice, Office of the Inspector General, 9/29/2008] Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” [Iglesias and Seay, 5/2008, pp. 134-135]

Entity Tags: Tom McCabe, Christine O. Gregoire, Chris Vance, Craig Donsanto, John L. McKay, Dino Rossi, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Washington State businessman Tom McCabe, the executive vice president of the Building Industry Association of Washington (BIAW) and a prominent Republican activist, is angered by what he considers “voter fraud” in the disputed gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). He is further frustrated by what he considers the reluctance by Republican John McKay (see October 24, 2001 and Late 2004 or Early 2005), the US Attorney for Western Washington, to pursue the allegations. McCabe repeatedly contacts the White House to demand McKay’s firing. McKay will later say, “There was no evidence, and I am not going to drag innocent people in front of a grand jury.” McCabe told McKay he had evidence of forged signatures on absentee ballots cast for Gregoire (see December 2004), and attempted to persuade the FBI to launch an investigation. Neither McKay nor the FBI will be convinced by McCabe’s evidence (see January 4, 2005). Of McKay’s refusal to pursue the allegations, McCabe later recalls, “It started me wondering whether the US Attorney was doing his job.” McKay later says that the FBI concluded that the ballots cited by McCabe were not forgeries. [Seattle Times, 3/13/2007; Talking Points Memo, 2011]

Entity Tags: Dino Rossi, Bush administration (43), Christine O. Gregoire, Tom McCabe, Federal Bureau of Investigation, John L. McKay

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

FBI documents show that an unnamed political group supplies what it considers to be evidence of voter fraud—the forging of signatures on provisional ballots—to the office of US Attorney John McKay of the Western District of Washington. The group may be the Building Industry Association of Washington (BIAW), headed by Republican activist Tom McCabe, who has pressured McKay to pursue previous allegations of voter fraud in the recent gubernatorial election (see December 2004), evidence that was found to be groundless (see January 4, 2005). McCabe has already demanded that the White House fire McKay and replace him with someone friendlier to Republican interests (see Late 2004). McKay has received pressure on the voter fraud issue from several state Republicans aside from McCabe (see Late 2004 or Early 2005 and January 4, 2005). An Assistant US Attorney in McKay’s office will later confirm that even if the affidavits had been forged, the US Attorney’s office had no jurisdiction over the matter, as the allegations are about a state election and the US Attorney is a federal entity. The group later supplies the evidence to the Republican petitioners in a state case about the election, and its lawyers choose not to pursue the evidence, as the handwriting analysis “proving” the forgeries will be found to be unreliable. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Bush administration (43), Building Industry Association of Washington, Tom McCabe, Federal Bureau of Investigation, John L. McKay

Timeline Tags: Civil Liberties

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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