Emails Show Kitzhaber Sought To Hand-Pick Special Prosecutor

Former governor's attorney suggested friendly ex-judges.

Former Gov. John Kitzhaber

The first week of February marked an acceleration in the spiraling troubles that led former Gov. John Kitzhaber to resign.

Cylvia Hayes

Kitzhaber had earlier rejected calls for an independent prosecutor. But emails obtained by WW show that Kitzhaber, Hayes and the lawyers representing them before the Oregon Government Ethics Commission knew they would have to alter that stance.

WW
Ellen Rosenblum
WW
Richard Meeker
EO Media/Pamplin Media Group

At the press conference, reporters again asked Kitzhaber whether he'd ask Rosenblum to appoint a special prosecutor. Kitzhaber again rejected the idea, saying the ethics commission proceeding was sufficient.

WW and The Oregonian on Feb. 2 filed a new round of public records requests. On Feb. 4, The Oregonian editorial board called for Kitzhaber's resignation. On that same day, WW reported that Rosenblum was failing to fulfill her legal duties as AG, which required her to open an investigation into allegations of public corruption.

That's when Kitzhaber's strategy regarding an independent investigation shifted.

Jim McDermott, one of Kitzhaber's attorneys, came up with names of eminent legal figures for Kitzhaber to suggest to Rosenblum to head an independent investigation—people who might be friendly to Kitzhaber.

On Feb. 6, McDermott sent an email to the governor's personal account suggesting the names.

On that same day, Kitzhaber asked for a face-to-face meeting with Rosenblum.

Emails show that Rosenblum rejected that overture. At 4:57 pm on Feb. 6, Rosenblum's top lieutenant, Fred Boss, wrote an email to Kitzhaber's general counsel, Liani Reeves.

"I thought it would be useful to confirm in writing our discussion of earlier today," Boss wrote to Reeves. "You had indicated that the governor wishes to speak to the Attorney General, and asked whether she was available. Given the nature of the allegations currently surrounding Governor Kitzhaber and Cylvia Hayes, the Attorney General believes it would be inappropriate for the two of them to speak without others present. And under no circumstances will the Attorney General discuss with Governor Kitzhaber allegations about Ms. Hayes or the Governor. Although regrettable, I am sure you understand why we feel that this decision is necessary."

Reeves responded later that night.

"Thank you for your email," she wrote to Boss at 9:10 pm on Feb. 6. "The Governor completely understands the Attorney General's position and only wanted to tell her that he supports an independent review."

Kitzhaber's gesture was too little, too late.

On Feb. 9, Kitzhaber sent Rosenblum a letter seeking a "factual review" of the allegations against him and Hayes—far less than a full investigation.

But after months of sitting on her hands, Rosenblum announced that same morning that she had in fact already opened an investigation into the allegations against Kitzhaber and Hayes.

Feb. 13 was the day Kitzhaber announced his resignation and the day the U.S. Department of Justice served subpoenas on Kitzhaber, Hayes and 11 state agencies.

The ethics commission and Oregon DOJ halted their investigations, and Kitzhaber lost all hope of influencing the process.

WWeek 2015

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