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ProfileName: Chris Barden

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Website: http://www.barden4ag.com/

I am running as the R epublican endorsedcandidate for Attorney General for the great Stateof Minnesota.

About Me:

Raised in Minnesota, I have loved our great statethrough middle school, high school, undergrad andgraduate school at the U of M, public service andlaw practice. Please see my website atwww.barden4ag.com to learn much more!

Hometown: Edina Minnesota

Country: United States

Occupation: Doctor and Lawyer

Schools: Edina High School - University ofMinnesota - Harvard Law School

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SUMMARY DRAFT REPORT of October 20, 2010 Mon 2 PMBy R. Chris Barden, Ph.D., J.D. [email protected] ; 952-657-5850

QUESTION: Will the current office of Minnesota Attorney General be remembered as themost scandal-ridden in Minnesota history?

1. What are the non-partisan Essential Rules and Principles of Good Government?

2. What was the national impact of Minnesotas 2008 flawed, ACORN-tainted election system?

3. OFFICE-GATE: Why have dozens of Attorney General Swansons legal staff reportedlyleft the office, many in disgust, with several filing sworn statements documenting unethicaland/or illegal activity in the office? Did 68 lawyers (apparently about half the staff) leave theAGs legal staff, with many quitting in disgust? Why have seven attorneys provided sworntestimony to the Legislative Auditor reporting unethical and illegal misconduct in the AGs office?Why were no legislative hearings held to investigate these important questions?

4. ACORN-GATE: Why did Attorney General Swanson transfer Minnesota taxpayer dollarsto the controversial ACORN organization? Was any of that money used to support herelection in 2006? Why hasnt a forensic audit been done? Why did AG Swanson apparentlyavoid answering questions on this issue? Why did AG Swanson transfer $249,999 of whatshould have been taxpayer dollars directly to ACORN? Why was the slush fund law set up inthe first place? Why was the Capitol One lawsuit settled for only $1 dollar under the slush fundlimit? Why has AG Swanson refused to testify or give a sworn statement on these questions? DidACORN later endorse Swanson as part of an illegal payoff scheme? Why were no legislativehearings held to investigate these important questions?

5. AG OFFICE MEDICAID FRAUD ISSUES?: Why did a managing Assistant AttorneyGeneral report fraud, deception, and misconduct in the Attorney Generals Office? Why didPaul Civello, J.D., ( magna cum laude and Order of the Coif, Univ, of Minnesota), Ph.D.(UCLA) the former Managing Medicaid Fraud Investigations attorney, testify that Swansondeceived the federal government. Why did another lawyer reportedly describe office conduct asfraud? Why were no legislative hearings held to investigate these important questions?

6. AG OFFICE PRESSURE TO BREAK THE LAW?: Why have so many former AssistantAttorney General staff filed sworn statements complaining of pressure to violate ethics rulesand the law? Why did Harvard Law graduate Amy Lawler, J.D. and SEVEN licensed attorneys members of Swansons own legal staff -- reportedly document pressure in the AGs Office tocommit unethical and/or criminal acts including apparently perjury and obstruction of justice?Why were no legislative hearings held to investigate these important questions?

7. CULTURE OF DISHONESTY?: Why did a former Department Head reportedlydescribe AG Swansons office as demonstrating a culture of dishonesty?: A former Attorney General Department Head also reportedly described pressure in the AGs office to do"unethical and even unlawful things". Why were no legislative hearings held to investigate theseimportant questions?

8. MISINFORMATION: Has the current AG made repeated efforts to misinform the mediaand the public? Did AG Swanson falsely claim to the press that the loss of 1/2 of her legal staff was normal office attrition when multiple witnesses document her office losses appear to beunprecedented? Did AG Swanson falsely claim to not be involved in the ACORN settlement

payoff when she, in fact, personally signed the settlement document? Has AG Swanson falselyclaimed that the Legislative Auditor cleared her of all allegations when the Auditorsinvestigation was narrowly limited to financial issues and offered no opinions regarding ethics,criminal, or misconduct allegations? Was Attorney Swanson involved in manipulative efforts tosmear whistleblowers in the office -- including a deceptive report by T. Mengler?


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EXHIBITS: Official documents, news accounts, and other reports:1. Exhibit A Feb. 13, 2006 Official Minnesota Settlement Document, Capitol One case

(ACORN-gate Swanson personally signs the document turning over $249,999 taxpayer dollarsto ACORN. ACORN reportedly endorses Swanson and gives her an A+ rating. Payola?)

2. Exhibit B March 7, 2008 - by Journalist Erik Black, Staffers detail climate of stress, politicization in AGs office, MinnPost. See,http://www.minnpost.com/ericblack/2008/03/07/1104/staffers_detail_climate_of_stress_politicization_in_ags_office

3. Exhibit C March 14, 2008 - Statement of Former Assistant Attorney General Amy Lawler, J.D.4. Exhibit D March 18, 2008 by Journalist Erik Black, More lawyers describe pressure by Swanson

to commit what they viewed as unethical conduct. MinnPost See,conducthttp://www.minnpost.com/ericblack/2008/03/18/1192/more_lawyers_describe_pressure_by_swanson_to_commit_what_they_viewed_as_unethical_conduct

5. Exhibit E March 18, 2008, Pugsmire, Tim, Suspended lawyer alleges ethical lapses inSwansons office, MPR NewsQ

6. Exhibit F - May 12, 2008 Legislative Auditor James Nobles report (ACORN funds review)7. Exhibit G May 27, 2008, Mengler, Thomas M., Report Regarding Allegations of Professional

Misconduct Raised by Assistant Attorney General Amy Lawler8. Exhibit H = May 28, 2008, by Journalist Eric Black, MinnPost, An explanation for recent agonies

in attorney general's office: Mike Hatch's traumatic reign, See,

http://www.minnpost.com/stories/2008/05/28/2009/an_explanation_for_recent_agonies_in_attorney_generals_office_mike_hatchs_traumatic_reign

9. Exhibit I May 29, 2008 by Journalist Eric Black, MinnPost, They Will Come After You,http://www.minnpost.com/stories/2008/05/29/2018/they_will_come_after_you

10. Exhibit J- June 3, 2008 Legislator Auditor James Nobles 2 nd report (7 attorneys under oathapparently document corruption including apparently criminal misconduct in the AttorneyGenerals Office)

11. Exhibit K Sept. 29, 2008 Statement of Fmr Asst. Attorney General Paul Civello, Ph.D., J.D. (Aformer Managing attorney alleges corruption and fraud in the Attorney Generals Office)

12. Exhibit L April 20, 2009 - WCCO iTeam report (Office-gate, Paul Civello interview) See,http://wcco.com/iteam/iteam.ag.accusations.2.989842.html

13. Exhibit M Oct. 15, 2009 See, Fitzgibbons, Mark, ACORN, Payola and Color of Law,American Thinker See,

http://www.americanthinker.com/2009/10/acorn_payola_and_color_of_law.html14. Exhibit N July 15, 2010 - Letter from U.S. Rep. Issa to Sec. of State Ritchie (Ordering Ritchie to preserve election records for upcoming federal investigations into ACORN influence and felonyvoting in Minnesota elections)

15. Exhibit O Jan 2009, Rosengren, John, Power of Attorney, Minnesota Monthly,http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

16. Exhibit P Constitution of Minnesota, Article VIII Impeachment


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QUESTION: Will the current office of Minnesota Attorney General be remembered as themost scandal-ridden in Minnesota history?

Oct. 19, 2010

Greetings Fellow Citizens,

Today I want to discuss much needed reforms, a positive vision, and a more effectivefuture for the Minnesota Office of Attorney General.

1. MINNESOTA DESERVES CLEAN GOVERNMENT: Non-partisan Essential Rulesand Principles of Good Government are necessary to earn and maintain the respect and trust of citizens.

Citizens across America and Minnesota have lost trust in government because both Stateand Federal governments have violated essential rules of good government. These rulesinclude FISCAL RESPONSIBILITY (reducing government debt), LEGISLATIVE INTEGRITY(laws publicly debated before enactment, no legislative kickbacks), and ensuring laws remainwithin CONSTITUTIONAL LIMITS. Other basic and essential rules of good governmentinclude HONESTY, INTEGRITY, and TRANSPARENCY. These hallmarks of cleangovernment should be a non-partisan priority for Democrats, Republicans, and Independents.When government officials violate principles of honesty and integrity they can be removed byelections or impeachment. Minnesota law provides, for example, that if an Attorney General isguilty of corrupt conduct in office or for crimes and misdemeanors, impeachment can lead toremoval from office. 1

2. DID MINNESOTA's 2008 CONTROVERSIAL U.S. SENATE ELECTIONBURDEN OUR NATION WITH AN UNPOPULAR FEDERAL HEALTH CAREREFORM LAW? COULD ADDITIONAL NATIONAL DAMAGE BE DONE IN 2012?

Minnesota was thrust into the national spotlight during our 2008 Senatorial contest

between Norm Coleman and Al Franken. Historians will long debate whether Minnesotas failureto implement election reforms (e.g., Photo ID) before the 2008 election was a key factor in theenactment of the controversial Federal Health Care Law. With the majority of overseas military

ballots not counted, more votes tallied than voters registered, various counties applying disparatestandards for eliminating ballots, reports of felons voting illegally 2, reports of illegal immigrants

1 MINNESOTA CONSTITUTION ARTICLE VIII IMPEACHMENT AND REMOVAL FROM OFFICESection 1. Impeachment powers. The house of representatives has the sole power of impeachment through aconcurrence of a majority of all its members. All impeachments shall be tried by the senate. When sitting for that

purpose, senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall beconvicted without the concurrence of two-thirds of the senators present. Sec. 2. Officers subject to impeachment;grounds; judgment. The governor, secretary of state, auditor, attorney general and the judges of the supreme court,court of appeals and district courts may be impeached for corrupt conduct in office or for crimes and misdemeanors;

but judgment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust or profit in this state. The party convicted shall also be subject to indictment, trial, judgment and

punishment according to law. [Amended, November 2, 1982; November 3, 1998] 2 See e.g., Barnes, Ed, Felons Voting Illegally May Have Put Franken Over the Top in Minnesota, Study Finds, Ed July 12, 2010,http://www.foxnews.com/politics/2010/07/12/felons-voting-illegally-franken-minnesota-study-finds/ " Phil Carruthersof the Ramsey County attorney's office found that the Minnesota Majority "had done a good job in their review." ;See also, http://online.wsj.com/article/SB123197800446483619.html


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being "vouched" in to vote, and other irregularities, some feel the election was, in the words of one local legal expert an obvious, embarrassing violation of the Constitution." 3

Looking to the future, it is troubling that Minnesota's unusual and easily manipulated"vouching law" permitting 15 people with no identification of any kind to vote if "vouched for"

by one registered voter -- is still in effect. In addition, the same controversial ACORN-endorsedofficials, Attorney General Swanson and Secretary of State Ritchie, could be overseeing the 2012election process. Attention will increasingly focus on Minnesota as the 2012 Presidential electionapproaches.

U.S. Congressional investigations of Minnesota voter fraud in 2008 appear in process dueto national concerns about harm from Minnesotas unreformed, vouching election system. OnJuly 15, 2010, U.S. Rep. Darryl Issa, (R-CA), Ranking Member (and possible future Chair) of theU.S. House of Representatives Committee On Government Oversight and Reform, requestedMinnesota Secretary of State Mark Ritchie and other officials retain indefinitely all recordsfrom the 2008 November election. (See, Congressional Letter, Exhibit N 4). Rep. Issas letter states, The likelihood that voter fraud perpetrated by convicted felons could have influenced theoutcome of the 2008 Minnesota Senate race justifies further investigation into these matters.

The Attorney General is the one state officer with the responsibility to protect theessential legal rights of all Minnesotans including the right to a secure, reliable election.Consistent and repeated reports of scandals, misconduct, and turmoil in the Minnesota Office of Attorney General have added to the growing local and national concerns about the integrity of Minnesotas election system.

4. OFFICEGATE Multiple news stories and witness statements report unethicalmisconduct, office mismanagement, mass turnover, scandal, and turmoil in Attorney GeneralSwansons legal staff:

4A. The WCCO-TV iTeam reported about half of the Attorney General legalteam has left the Office: In a televised report, the WCCO Investigation Teamdocumented several major scandals in Attorney General Swanson's Office. They reportedin 2008 since Swanson took office two years ago, 68 staff attorneys have left their jobs.

That's about half of the total number of attorneys (See, WCCO report, April 20,2009 , Exhibit L, http://wcco.com/iteam/iteam.ag.accusations.2.989842.html ).

4B. Assistant Attorney General Amy Lawler, (J.D., Harvard Law School)reported a staggering turnover rate and staff lawyers being afraid to speak up: Theinformation reported by WCCO is quite consistent with other sources including former Assistant Attorney General and Harvard Law School graduate Amy Lawler, J.D., whoreported, I understand that at least 52 attorneys have left the office over the course of the last year , in an office staffed by approximately 126 attorneys. This is a staggeringturnover rate Many have wanted to speak up, but have been afraid to do so (See,Lawler report of March 14, 2008 at Exhibit C).

3 See, Paulsen, Michael S. The Minnesota Recount Was Unconstitutional, Wall Street Journal , JANUARY 15,2009 " the Minnesota recount is a legal train wreck...an obvious, embarrassing violation of the Constitution." 4 The author of the letter to Mark Ritchie, Rep. Issa, Ranking Minority Member of the House Committee onOversight and Government Reform, has been instrumental in exposing ACORN nation-wide voter fraud . In July of 2009, he released an 88-page report detailing a host of ACORN abuses. See,http://republicans.oversight.house.gov/index.php?option=com_content&view=article&id=883%3Awere-minnesota-felons-registered-to-vote-by-acorn&catid=22&Itemid=5


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4C. Journalist Eric Black wrote several detailed articles documentingunethical misconduct, turmoil, and gross mismanagement in the Attorney Generalsoffice:

4C1. (See, Black, E. Traumatic reign, MinnPost, at Exhibit H,http://www.minnpost.com/stories/2008/05/28/2009/an_explanation_for_recent_agonies_i

n_attorney_generals_office_mike_hatchs_traumatic_reign ) Attorneys and other subordinates describe working for Hatch and Swanson as hellish, featuring verbal abuse and pressure to do things they believed were unethical ... thatconclusion is based on dozens of interviews with present and former officials of the office the more than 30 sources interviewed for this story asked for anonymity because they fear retaliation. a long-standing attorney, still in theoffice, said that, under both Hatch and Swanson, its a cult-like atmosphere.They demand blind obedience. Nobodys criticism is tolerated. [INCONTRAST] Former Attorney General Warren Spannaus is the last AG to takeover from a member of the other party and he recalls allowing everyone to stay ,asking only that the incumbent deputies step down to assistant AG positions sohe could appoint his own deputies. Several attorneys who were in the office

under Hatchs predecessor, Hubert H. Skip Humphrey III, say they dont recallany purges when Humphrey took over, or during his long tenure the qualityof the office has just dropped drastically , Its become just a horrible place towork .. This is not an office that you can anymore work at with much self-respect. From the viewpoint of the Minnesota public, he said, The story is thecontinued plunging of competence and experience levels in the Office. Can youreally run a law firm if the median experience is under four or five years?

4C2. (See, Black, E., MinnPost Theyll come after you, at Exhibit I,http://www.minnpost.com/stories/2008/05/29/2018/they_will_come_after_you ) This article is a description of angry legal staff a climate of fear and intimidationin the Minnesota Attorney Generals Office under Hatch and Swanson. a

former Department head in the AGs office I just felt that these people areunethical and I dont want to work with them anymore . he said he told theLegislative Auditor, under oath, that the ultimate issue was: This not about LoriSwanson management style. These things are all about a deeper problem Firsttheyve developed a culture of dishonesty . By they I mean Swanson andHatch. Number two, they fairly routinely ask subordinates to do unethical and even unlawful things they tell them to do these things without any regard for the impact on the attorney or the state. Finally every decision appears to be made

based on political considerations.

4C3. (See, Black, E., Staffers detail climate of stress, MinnPost,Exhibit B,

http://www.minnpost.com/ericblack/2008/03/07/1104/staffers_detail_climate_of_stress_politicization_in_ags_office ).

The office of Attorney General Lori Swanson is riven by fear, politicization, low morale, intimidation tactics and constant turnover the present and recently departed attorneys said the stress, turnover, and fear areimpeding the functioning of the office . They said the office has lost a lot of institutional memory over the departures. Newly hired attorneys miss theguidance of veteran lawyers Jody Wahl, 54 worked as an investigator in theoffice for 24 years under three attorneys general. Theres a lot of pressure to


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manipulate the evidence to support what Lori Swanson wants done, Wahlsaid. The office of attorney general has such tremendous authority. When itsues somebody, it can ruin their life, ruin their business. It shouldnt be takenlightly. It should be done after a thorough investigation. And that isnt doneanymore. Shouldnt we cross the Ts and dot the Is before we call a pressconference and sue someone?

4D. Former Assistant Attorney General Susan Damon, J.D. reportedlydescribed the office management practices as dishonest, unethical , and not in the

publics best interest. Attorney Damon reported joining the office in 1991 and served asassistant attorney general in the health-licensing division until last June Damon saysshe quit because she could no longer tolerate administrative practices she describes asdishonest, unethical, and not in the publics best interest. See, Rosengren, John,Power of Attorney, Minnesota Monthly, Jan. 2009, Exhibit O,http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

4E. The Legislative Auditor, James Nobles, concluded that [the AG Officeturmoil and troubles] were not about the union as there are much bigger issues [regardingturmoil in the staff] here. The office was so unstable that shortly after Swanson waselected, some of her staff met to discuss forming a union to provide more jobsecuritysomething that would prevent attorneys from being fired without cause.Even many not associated with the union effort agree that workplace morale has sunk toa new low in the last year Its really not about the union, says Jim Nobles, the stateslegislative auditor. There are much bigger issues here . See, Rosengren, John, Power of Attorney, Minnesota Monthly, Jan. 2009, Exhibit O,http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

4F. State representative Steve Simon reported accounts from multipleattorneys in the Office that the AGs office was offering unsound advice to clients,inserting unsubstantiated information in affidavits, and finding defendants to justify filingcertain lawsuits, among other things. Simon told the 12- person Legislative Auditingcommittee that he had heard complaints from attorneys working under Hatch andSwanson that they had felt pressured to act unethically . The charges included offeringunsound advice to clients , inserting unsubstantiated information in affidavits , andfinding defendants to justify filing certain lawsuits, among other things. The commissiondirected Nobles to conduct a preliminary assessment to determine whether theallegations warranted a broader investigation. ... Nobles issued his report in June. Hestated that his office had interviewed seven people associated with the attorney generalsoffice and found that the events related to the allegations had indeed occurred and thatindividuals felt pressured to act inappropriately.See, Rosengren, John, Power of Attorney, Minnesota Monthly, Jan. 2009, Exhibit O,http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

4G. Damages to the state from the extraordinary loss of legal professionals inthe AGs office: The greatest cost of the turnover under Swanson isnt bruised egos or hurt feelings; its the diminished quality of legal representation the attorney generalsoffice is able to provide. Whether it be public utilities or human services or health,youve got a very specific body of law that governs that area, so you really want people


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who are experts in those areas of law, says David Schultz, a professor who teaches lawand business classes at Hamline University in St. Paul. As attorney general, you want torecruit people who will stay in your office and who, over a number of years, will developexpertise in different areas of law, so that the state can write regulations, write

procedures, perform services, and do its job. The loss of key staff affects, among other things, the offices ability to pursue important lawsuits. In 2003, Hatch suedGlaxoSmithKline, alleging the company was conspiring with other drug manufacturers to

boycott Canadian pharmacies exporting low-cost prescription drugs to the United States.The case was set for discovery, then trial, but the three lawyers who had handled the case

from the onset left within months of Swanson taking office. Two more attorneys added tothe case also left. In November 2007, Swanson settled the case for nothing, not evenasking for compensation to cover the offices costs and attorney fees, which weresubstantial after four years of litigation. They dumped the case because there were nolawyers left who could handle it , says Paul Civello, (J.D., magna cum laude and Order of the Coif, Univ, of Minnesota, and Ph.D. from UCLA) a former manager of theMedicaid-fraud division who was initially assigned to the case and who departed theoffice in frustration in 2007. Needless to say, Swanson did not hold a press conferenceto announce this settlement. It will take years for new hires to replace the lost institutional memory, specialized skills, and accumulated wisdom of the departing attorneys , says Civello. Those who have left include some of the best, brightest, mostdedicated attorneys the attorney generals office had. They are irreplaceable, he says. No law firm that has suffered the loss of so many talented, experienced lawyers in so

short a time could claim to be well-managed and functioning . See, Rosengren, John,Power of Attorney, Minnesota Monthly, Jan. 2009. Exhibit O,http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

4D. Dr. Chris Bardens personal conversations with several former AssistantAttorneys General in travels throughout Minnesota: During campaign trips throughoutthe state, folks came up to me, identified themselves as former AG legal staff and

reported experiences in that office. Many reported positive experiences working under former Attorneys General Warren Spannaus and Skip Humphrey. The former AssistantAttorneys General noted that under the Spannaus and Humphrey administrations legalstaffing was very stable over many years and attorneys worked together effectively. Theyrecalled nobody reporting being forced to file false affidavits during the Spannaus or Humphrey administrations. They recalled nobody reporting the Attorney Generals officewas defrauding the federal government. They recalled nobody reporting fearing to speak out during the Spannaus or Humphrey administrations. Uniformly, they reported atragic decline of the office into the current state of a political pressure cooker, withmismanagement, corruption, and illegal activities . Virtually all of these former attorneys reported being lifelong Democrats. They also reported they knew staff attorneys who quit or were fired -- for refusing to engage in misconduct or criminal acts

-- including fabricating (changing facts in) affidavits .

4E . Have requests for relevant records been illegally refused?: Severalsources report that formal requests for the names of all of the attorneys who have workedat the Attorney Generals Office over the past years have been refused. Why didnt themedia obtain these lists and follow-up on the story of turmoil and decay in the Office?

5. ACORN-GATE: In the settlement of the Capitol One lawsuit in 2006, documents proveSwanson signed over $249,999 (of what should have been) taxpayer dollars directly to the


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notorious group ACORN in what appears to be a political payback slush fund payment.Apparently ACORN, later that year, endorsed Swanson or election. How much, if any, of the

public funds given to ACORN were used to support Swansons election campaign?

5A. Letter from Legislator Auditor to Lori Swanson, Attorney General, May12, 2008 (Exhibit D) : The Legislative Auditor has received allegations concerning theconsent judgment (settlement) filed by Attorney General Mike Hatch against CapitolOne. The judgement was signed by you, as Solicitor General , on Feb. 13, 2006, (Seealso original document at Exhibit A). It provided for distribution of money to theMinnesota Association of Community Organizations for Reform Now, ACORN($249,999). .

5B. WHAT AUDITING WAS DONE, IF ANY, TO PROTECT THEPUBLIC FROM ACORNs COMMON, UNETHICAL POLITICAL ACTIVITY? :What monitoring or other mechanisms did the Attorney Generals Office employ toensure that ACORN [spent the money appropriately] See, Letter from the LegislativeAuditor, May 12, 2008, Exhibit F).

5C. MONEY TIED TO POLITICAL ADVOCACY? : It is alleged that thedistribution of money to Minnesota ACORN was connected to ACORNs endorsement of Mike Hatch for Governor on March 8, 2006 [note the settlement was Feb. 13, 2006 justenough time for the check to clear?] Please address the allegation and explain the basisfor the distribution of $249,999 to ACORN, a political advocacy organization. See,Letter from the Legislative Auditor, May 12, 2008, Exhibit F) [Note that Swanson wasalso apparently later endorsed by ACORN and received an A+ rating from ACORN, anorganization which has apparently been called a criminal enterprise by a U.S.Congressional research group].

5D. WHY DID MINNESOTA HAVE A SLUSH FUND LAW THATPERMITTED PAYMENTS TO POLITICAL CRONIES SUCH AS ACORN? WHY

WAS THE SLUSH FUND CLOSED IN 2009?: Why did Minnesota have a slush fundlaw that permitted the Attorney General to dispense Iwhat should have been taxpayer funds] if the case settled for less than $750,000 (See, Minn Stat. 16A.151, subd. 1(b) and1(e). The Capitol One settlement for $749,999 maximized the slush fund amount.Why? Why was the money given to a notorious group like ACORN? Why did thelegislature fail to hold hearings on ACORN-gate? Why did the legislature apparentlyclose the slush fund in 2009?

5E. WHY HAS ATTORNEY GENERAL SWANSON REFUSEDINTERVIEWS AND GIVEN NO STATEMENTS UNDER OATH ON THESEISSUES?: The Legislative Audit Commission conducted a meeting on June 30, 2008,where Noble presented his findings. MinnPost.com reported that Lori Swanson declined

an invitation to appear at the hearing. Hatch didn't show, either, and told the reporter he's"not talking to [the reporter]." Why didnt the legislature hold hearings on thisapparently outrageous abuse of the political and legal system? Why havent Hatch andSwanson had to answer questions under oath?

6. MEDICAID DIVISION FRAUD IN THE AGs OFFICE?: Why did Swansons ownMedicaid Fraud Investigation Managing Attorney report that AG Swanson deceived the federalgovernment?


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6A Statement of Former Assistant Attorney General Paul Civello, (J.D., magna cumlaude and Order of the Coif, Univ, of Minnesota, and Ph.D. from UCLA)

Attorney Civello, who is widely reported to be one of the most intelligent,ethical, and best educated lawyers in the office, testified under oath discussing a widerange of unethical and unlawful practices [he] witnessed during [his] tenure as anAssistant Attorney General at the Minnesota Attorneys Office. Attorney Civelloreports being appointed by the Attorney General to serve as the Manager of the Medicaid

Fraud Control Unit . We note that Attorney Civello was hired by the Attorney General,supervised by the Attorney General and promoted by the Attorney General. He clearlywas a considered a fine lawyer indeed until he reported gross misconduct, negligence,mismanagement, and apparently criminal fraud in the office . Attorney Civello reporteda deliberate attempt [by Hatch and Swanson] to deceive the federal oversight authority in order to misuse Medicaid Fraud Control Unit funds [for other purposes]. He alsoreported the misuse of MFCU funds by then-Solicitor General Swanson in the service of her campaign for Attorney General. Civello quoted a memo from Attorney DeborahPeterson that documented yet another example of fraud in the AGs office falselyhiring attorneys and mis-reporting them as investigators to fraudulently claimcompliance with federal rules then pressuring legal staff to go along with the misconduct. These themes of fraud, misconduct, and unethical pressure to comply recur in many of these attorney reports. (See, Exhibit K, Affidavit of Paul Civello, September 29, 2008;See also, Exhibit L, WCCO iTeam report, 2008, "The problem I found in the MedicaidFraud Control Unit was an attempt to deceive the Office of Inspector General (about themake up of the unit)," said Civello. Apparently Paul Civello currently works at the

prestigious law firm of Maslon Edelman Borman & Brand in Minneapolis.We should note that these statements appear to document exactly the kind of

"corrupt conduct" that may constitute an impeachable offense under Article VIII of theMinnesota Constitution. [NOTE: Mr.Civellos statements show AG Swanson to beeither A) a potential criminal (if Civello is right) or B) a recklessly poor manager who putan unreliable person in a management role (if Civello is wrong or stating falsehoods).Either way, AG Swanson appears incompetent or worse. Given the multiple

corroborating statements documenting the kind of misconduct reported by AttorneyCivello, his statements appear quite credible. ]

7. MULTIPLE, CONSISTENT REPORTS OF PRESSURE TO COMMITAPPARENTLY CRIMINAL ACTS?: Sworn statements from SEVEN Assistant AttorneysGeneral of Minnesota document serious misconduct and/or criminal activity in the AGs office.

7A. SEVEN SWORN STATEMENTS OF ASSISTANT ATTORNEYGENERALS OF THE STATE OF MINNESOTA: Official Minnesota documents showthat seven former or current Assistant Attorneys General of the State of Minnesota havegiven sworn statements under oath to the Legislative Auditor. These statements appear

consistently support statements that a number of the attorneys quitting jobs at theAttorney Generals Office did so as they refused to follow orders and pressure to performunethical and/or illegal acts including apparently inserting false, unsubstantiated, or questionable facts into affidavits . (See, Legislative Auditor report of June 3, 2008,Exhibit J) Consistent, more detailed reports have been offered by some of the brightestand best-educated attorneys in the AGs Office (See, attached Lawler Exhibit C andCivello, Exh. K reports). These sworn statements and detailed reports from licensedattorneys -- attorneys who were hired and supervised within the Office of the AttorneyGeneral -- appear to document exactly the kind of "corrupt conduct" in the Office of


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Attorney General that may constitute an impeachable offense under Article VIII of the Minnesota Constitution .

7B Corroborating Statement from Former Assistant Attorney General AmyLawler, J.D. , a former student body president at Wellesley College and a graduate of theHarvard Law School, was reportedly one of the most intelligent, ethically sensitive, and

best educated attorneys in the entire Attorney Generals Office. Her report appears quiteconsistent with the reports of Paul Civello, Ph.D., J.D. and other attorneys as documentedin sworn statements to the Office of the Legislative Auditor. She reports that Iunderstand that at least 52 attorneys have left the office over the course of the last year, inan office staffed by approximately 126 attorneys. This is a staggering turnover rateMany have wanted to speak up, but have been afraid to do so. My colleagues have leftin droves, and the public suffers from the loss of these skilled and committed attorneys[Lawler] reported an attorney being instructed to add apparently false information toan affidavit (i.e ., obstruction of justice?) The attorney refused and later resigned [Lawler] reported an attorney being ordered to violate a special masters order[Lawler] reported an attorney refusing an illegal order to issue a civil investigativedemand against a company when the attorney did not have reasonable cause to believethe company had violated the law. The attorney refused then resigned. [Lawler] reported an instance in which a supervisor inserted information into affidavits that wasactually false (obstruction of justice?) ; the assistant attorney general removed these(false) statements, and was then subjected to retaliation. These reports of unethical andcriminal misconduct appear validated and supported by the investigation by the Office of the Legislative Auditor. I understand that Amy Lawler currently works as an attorney atthe Minnesota Department of Employment and Economic Development. (See, Lawler Report of March 14, 2008 at Exhibit C ).

Lawler cites her conversations with lawyers in the Office as they document experiencesin the Attorney General's office under Lori Swanson. Complaints include:

-- "being hired with the explicit instruction that the position required loyalty toAttorney General Swanson, and that those advocating for the union were not

being loyal," [Note the unethical contamination of legal work with politicalinfluence in the office]

-- "being ordered to violate a special master's order," [Note this appears to beaiding and abetting a contempt of court, cf. Minnesota Statutes 588.20 and609.05. Such acts are indictable and, if condoned by Attorney GeneralSwanson, impeachable corrupt conduct. See, Article VIII, Section 2,Minnesota Constitution]

-- "being instructed by a supervisor to add statements to a consumer's affidavit

that the attorney had reason to believe the consumer did not actually say ,"[Note this is aiding and abetting perjury, Cf. Minnesota Statutes 609.05 and


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609.48. Such criminal misconduct is clearly both indictable and impeachable] 5

-- "being ordered to issue a civil investigative demand against a company, whenthe attorney did not have reasonable cause to believe the company had violatedthe law," [which is aiding and abetting criminal misconduct, contrary to Sections609.05 and 609.43 of Minnesota Statutes This misconduct is both indictable andimpeachable]; 6

-- "being asked by a supervisor to a post in the Minnesota Lawyer blog, duringthe work day from office computers, lauding Swanson's administration,"[unethical misuse of state employees for political purposes]

-- "being order to tell consumers that they were being invited to meet with theattorney general, being being directed not to tell the consumers that the event wasalso a press confereence," [unethical deceit contrary to Rule 8.4 of the MinnesotaRules of Professional Conduct. ]

-- "being told to give an agency client advice that would not have been in theclient's best interest and was not legally sound," which is probably not a crime or misdemeanor, but is unethical deceit, contrary to Rule 8.4 of the Minnesota Rulesof Professional Conduct, and, if condoned by Swanson, impeachable corruptconduct, contrary to Article VIII, Section 2 of the Minnesota Constitution; and

-- "an instance in which a supervisor inserted information into affidavits that was actually false ," [Note this appears to be an attempted perjury (See,Sections 609.17 and 609.48 of Minnesota Statutes), acts which appearsindictable, and, if condoned by Attorney General Swanson, would appear to be

5 MN STAT. 609.48 PERJURY . Subdivision 1. Acts constituting. Whoever makes a false material statementnot believing it to be true in any of the following cases is guilty of perjury and may be sentenced as provided insubdivision 4: (1) in or for an action, hearing or proceeding of any kind in which the statement is required or authorized

by law to be made under oath or affirmation; (2) in any writing which is required or authorized by law to be under oathor affirmation; (3) in any writing made according to section 358.115 ; or (4) in any other case in which the penalties for

perjury are imposed by law and no specific sentence is otherwise provided.

6 MN STAT. 609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE . A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may besentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both: (1)intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or (2) in the capacity of such officer or employee, doesan act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or (3)under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property,or rights; or (4) in the capacity of such officer or employee, makes a return, certificate, official report, or other likedocument having knowledge it is false in any material respect


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impeachable corrupt conduct , contrary to Article VIII, Section 2 of theMinnesota Constitution] 7

It is essential to note that in sharp contract to the truncated, largely irrelevant reportof Dean Mengler -- who somehow seemed to miss all of the obviously corroborativetestimony available -- Lawlers reports were corroborated and supported by the sworn

statements of SEVEN attorneys taken in the investigation of the Legislative Auditor (See, Legislative Auditors report of June 3, 2008, at Exhibit J ; Report of Amy Lawler,J.D. at Exhibit C).

7C. Corroborating Statement of Former Assistant Attorney General MartinCarlson, J.D, a lawyer who, according to a WCCO iTeam report, worked in the AttorneyGeneral's Consumer Enforcement Office. Attorney Carlson described -- for a WCCO TViTeam report -- an atmosphere of intimidation, where he says all employees were askedto work for the headlines. He also responded to Swansons attacks on Civello, "It's atypical vicious attack that I've become accustomed to seeing from Lori Swanson andMike Hatch," according to Martin Carlson, another Assistant Attorney General whoworked in the Consumer Enforcement Office. Carlson describes an atmosphere of intimidation , where he says all employees were asked to work for the headlines. "Theadage was: Once the publicity's over, the case is over." See, WCCO iTeam , Exhibit. L ).

7D. Corroborating evidence from Dr. R. Chris Bardens conversations: Inaddition, I have talked to lawyers across the state who reported working in the AG'soffice under AGs Spannus, or Humphrey, or Hatch, or Swanson and they reported thatthe current office is dysfunctional, ineffective, dirty, and broken. Mostdisturbing, several of the lawyers I spoke to reported being instructed to fabricateaffidavits to provide the basis for a lawsuit to gain publicity for the Office of AttorneyGeneral -- if true these could be criminal acts. Many of the lawyers mentionedintimidation, threats, and pressure to obey. Many feared retaliation and were afraid to go

public with their experiences. These conversations appear to report the kind of "corrupt

conduct" that may constitute an impeachable offense under Article VIII of the MinnesotaConstitution.

8. A CULTURE OF DISHONESTY : Consistent reports of a " culture of dishonesty ";subordinates they routinely ask subordinates to do unethical and even unlawful things ";"every decision based on political considerations"

8A. A former Assistant Attorney General of the State of Minnesota whoreportedly served as a Department Head has been quoted as reporting " I just felt that these people are unethical and I don't want to work for them anymore ." He said hetold the legislative auditor, under oath, that the ultimate issue was: "This is not about LoriSwanson's management style. These things are all about a deeper problem. ... First,

Minnesota Rules of Professional Conduct Rule 8.4 Misconduct It is professional misconduct for a

lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to doso, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyers honesty,trustworthiness, or fitness as a lawyer in other respects ; (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation ; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an abilityto influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law


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they've developed a culture of dishonesty . By 'they,' I mean Swanson and Hatch. Number two, they fairly routinely ask subordinates to do unethical and even unlawful things .

Number three, they tell them to do these things without any regard for the impact on theattorney or the state. Finally, every decision appears to be made based on politicalconsiderations ." [See, Exhibit I, Black, E., MinnPost Theyll come after you,http://www.minnpost.com/stories/2008/05/29/2018/they_will_come_after_you )

If Attorney General Swanson "developed a culture of dishonesty" or "routinelyasked subordinates to do unethical and even unlawful things", or "made legal decisions

based on political considerations" would be exactly the kind of "corrupt conduct" thatshould constitute an impeachable offense under Article VIII of the MinnesotaConstitution. 8

8B. POLITCIAL CONSIDERATIONS: Staffers noticed that Swansonseemed particularly keen on securing favorable media coverage for her initiatives, andshe continued Hatchs practice of staging press conferences to showcase lawsuits. (Such

promotion had not been common under his predecessors, Hubert Skip Humphrey IIIand Warren Spannaus.) Attorneys working on such cases say that once media attentionwanes, however, so does Swansons. The lawsuits are often quietly dropped or settled.Theres a running joke among assistant attorneys general that once the press conferenceis over so is the case . Its clearly about political gain and press coverage for her everything else is irrelevant, says a former assistant attorney general who left shortlyafter Swanson took office but asked to speak anonymously for fear of retaliation.Youd work up a case, then theyd tell you to drop it after the press coverage was over.You had talked to the victims, found a claim, but you couldnt help them. The soleconcern was getting favorable press coverage. See, Exhibit O, Rosengren, John, Power of Attorney, Minnesota Monthly, Jan. 2009. http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-Attorney/index.php?cparticle=1&siarticle=0#artanc

8C. Note that these statements are quite consistent with the other indices of corruption and misconduct in the Attorney Generals Office cited above.

9. FALSE STATEMENTS TO DECEIVE THE PUBLIC? : The available evidenceindicates that the Attorney General has apparently systematically disseminated false informationin an apparent attempt to manipulate the media and deceive the public regarding her involvementin a series of scandals.

9A. OFFICE-GATE SCANDAL DECEPTION:

9A1. WCCO: SWANSON APPARENTLY FALSELY CLAIMEDTHAT LOSING HALF OF HER LEGAL STAFF WAS NORMALATTRITION: The WCCO iTeam report on office chaos and mass turnover inthe legal staff led to this response from Attorney General Swanson, Swanson'soffice said that's comparable to past attorneys general . (See, WCCO iTeamreport, Exhibit L ) Multiple sources of information indicate that Swansonsresponse - a apparent violation of MRPC 8.04 -- was false, deceptive, anddesigned to manipulate the media and public. For example, the detailedinvestigation of Eric Black, published in MinnPost.com on May 28,2008, includes these statements, Former Attorney General Warren Spannaus rejects the idea that new AGs get rid of a lot of people . He is the last AG to take


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over from a member of the other party, and he recalls allowing everyone to stay Several attorneys who were in the office under Hatch's predecessor,Hubert H. "Skip" Humphrey III, say they don't recall any purges whenHumphrey took over, or during his long tenure.." In my interviews across thestate, I met many attorneys who reported working in the AGs office and theyuniformly reported that turnover was quite low in the Spannaus and alsoHumphrey eras and is now recklessly high in the Swanson era.

9A2. MINNESOTA MONTHLY: AGAIN SWANSONAPPARENTLY FALSELY CLAIMED LOSING HALF THE STAFF WAS

NORMAL ATTRITION: Attorney Damon is one of approximately 60 lawyerswho have left the attorney generals office since Swanson took charge. (Theoffice employs more than 150 attorneys, including a management team of Swanson, a solicitor general, and four to five deputies.)The numbers haveattracted notice at the capitol and elsewhere, but Swanson says such turnover is

simply a changing-of-the guard, typical of any political transition . See, ExhibitO Rosengren, John, Power of Attorney, Minnesota Monthly, Jan. 2009.http://www.minnesotamonthly.com/media/Minnesota-Monthly/January-2009/Power-of-

Attorney/index.php?cparticle=1&siarticle=0#artanc

9B. ACORNGATE SCANDAL DECEPTION: Contrary to her publicstatements of non-involvement in this issue, Attorney General Swanson personally

signed the "slush fund payment of $249,999 to the notorious organization ACORN (See,Exhibit A. Despite her very personal involvement in the payment, Swanson apparentlymisled Mpls. Star Tribune reporter Pat Doyle into believing she was not involved in thematter. [See, http://www.startribune.com/politics/79138497.html?page=2&c=y. Doyle,P. Continued: Hot Dish, December 12, 2009 "[Jack] Graham, who seeks GOPendorsement, says Attorney General Lori Swanson, a DFLer, has abused her power. Hecited a settlement signed by Swanson that gave proceeds to a nonprofit whose politicalwing contributed to the campaign of her DFL predecessor, Mike Hatch. Swanson's

office noted the settlement occurred while Hatch was attorney general .] Note theapparent manipulative deception in blaming the ACORN payment on Hatch when, infact, Swanson herself signed the actual settlement document. Swanson has alsoapparently refused for years -- to answer questions about her actual involvement in theACORN slush fund payment.

9C. MISREPRESENTING THE LEGISLATIVE AUDITORs REPORT:

Attorney General Swanson has repeatedly claimed that the Legislative Auditor cleared her of any wrongdoing. Such statements appear to be a deceptive attempt tomanipulate the news media and the public. In contrast, Legislative Auditor Nobles June3, 2008 report clearly delineates issues regarding loss of funds (cleared) andethics/misconduct allegations (very definitely not cleared). Nobles stated, theallegations [of unethical misconduct] presented by Representative Simon are not thekinds of issues the Legislative Auditor addresses through an investigation . See,Exhibit J- June 3, 2008 Legislator Auditor James Nobles 2 nd report (7 attorneys under oath document corruption including potentially criminal misconduct in the AttorneyGenerals Office).

Her false statements about being cleared by the Auditor appear to havemanipulated the media into publishing false information. For example, in a Star Tribune


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article, Pat Doyle reported, "Legislative Auditor Jim Nobles said Tuesday there is noreason to conduct an in-depth investigation of allegations about the office of MinnesotaAttorney General Lori Swanson because a preliminary probe did not disclose unethical conduct ." See, http://www.startribune.com/politics/state/19511174.html, Doyle, Pat , Noreason for further probe of AG's office, legislative auditor says, Mpls Star Tribune, June4, 2008 [Note the odd failure to distinguish financial issues from ethical issues.]

Note this media report is clearly misleading because Auditor Noble's report did in fact document -- via seven sworn statements from Asst. Attorneys General of the

State of Minnesota -- serious unethical misconduct in the Office including pressure tocommit apparently unethical and/or criminal acts. Mr Nobles investigation was onlyclosed because no money was lost. Lost money is all Mr. Nobles, the Legislative auditor,is able to investigate. Money losses are all his office has the expertise or competence toinvestigate. Nonetheless his report clearly and carefully documented very significantevidence of unethical misconduct in the Office of Attorney General.

KEY POINT: The public was misled into believing the Legislative Auditorsreport cleared the AG of ethics charges when A) the Auditor could not do this (he isincompetent to render such opinions) and B) did not do this (he expressly stated he doesnot investigate such issues). This misinformation has harmed our state.

9D DID DEAN THOMAS MENGLER CONDUCT A MANIPULATEDINVESTIGATION AND PRODUCE AN INCOMPLETE AND MISLEADINGREPORT? :

The most critical and important component of Dean Thomas Menglers reportregarding Amy Lawlers whistleblowing activities states my investigation has beenlimited in scope. I was not charged to investigate, and I offer no opinion on, more

sweeping allegations about the Office.. [dealing with] the management and ethical character and integrity of the Office

KEY POINT: In other words, it appears that Swanson hired an Ethics expert and

then explicitly barred him from offering ethics opinions about Swansons office. Wasthis an admission that her office could pass an ethics exam? This apparent manipulationof evidence appears consistent with the quotes by many former attorneys. See, ExhibitG, May 27, 2008, Mengler, Thomas M., Report Regarding Allegations of ProfessionalMisconduct Raised by Assistant Attorney General Amy Lawler.

In contrast to this extraordinary restriction on Dean Menglers report (he was notallowed to evaluate Swansons office) a restriction that renders his report essentiallyworthless the media was apparently manipulated into reporting a very different story.See, http://www.startribune.com/politics/state/19511174.html, Doyle, Pat No reason for further probe of AG's office, legislative auditor says, Mpls Star Tribune, June 4, 2008" Last week, in another report, University of St. Thomas Law School dean Thomas

Mengler said he found "no evidence of any unprofessional conduct" by Swanson or her staff in the filing of two lawsuits that he checked. His report said other charges by Lawler were based on hearsay and could not be corroborated ."

Note this media report appears incomplete and misleading as in direct contrastto Dean Menglers truncated work -- Attorney Amy Lawlers reports of unethicalmisconduct were, in fact, very well corroborated via seven sworn statements frommultiple Assistant Attorneys General witnesses to the Legislative Auditor documenting office pressure to commit unethical and even criminal acts . Mengler's "report"


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claiming no corroboration was released just days before the Legislative Auditors muchmore detailed work and thus became irrelevant and misleading the moment the

Legislative Auditor produced seven corroborating statements under oath for Attorney Amy Lawler's reports of misconduct . Dean Menglers failure to come forward andrenounce his erroneous report after it was clear he was in error is frankly troubling.

9E. Were local correspondents manipulated into producing erroneous newsarticles? See, MIKE KASZUBA, May 28: Cleared by a review, AG fires accuser, Star Tribune, June 3, 2008

"Minnesota Attorney General Lori Swanson fired a staff attorney Tuesday after an investigation ordered by Swanson said that the attorney's charges of unprofessional conduct in the filing of two lawsuits were unfounded ."

Was the misleading, incomplete report from Dean Mengler commissioned bySwanson because the Attorney General's Office knew that Mr. Nobles, the legislativeauditor, was interviewing attorneys and would soon acquire sworn testimony frommultiple witnesses (7) under oath corroborating Assistant Attorney General AmyLawler's detailed allegations of misconduct .

"Swanson dismissed Amy Lawler after the results of the investigation by ThomasMengler, dean of the University of St. Thomas Law School, were released. ... The report

said other charges by Lawler were based on hearsay and could not be corroborated .In fact and in stark contrast, the Legislator Auditor found seven lawyer witnesses

who corroborated Lawler's accusations under oath . Note this Star Tribune article wasapparently printed the SAME DAY the Legislative Auditor sent out his reportdocumenting multiple corroborative witnesses. Was this timed to manipulate the storyand

"Mengler said Swanson did not ask him to address broader concerns raised by Lawler on office morale and attempts by staff attorneys in the attorney general's office to

form a union, efforts in which Lawler participated. Mengler wrote he was NOT toreview the "management and ethical character and integrity of the Office ". 9

The most important allegations were the very ones Swanson prevented DeanMengler from investigating. Thus Mengler, the expert on ethics, was explicitly blocked

by Swanson from analyzing evidence of unethical and criminal conduct in Swansonsoffice. This extraordinary limitation on Menglers report which appears to be aconfession of misconduct in that office -- was somehow not highlighted by the localmedia.

It appears on this record that Swanson knew her office was a dysfunctional andunethical working environment so she hired an ethics expert to smear the whistleblower then instructed her hired ethics expert NOT to review her troubled office.

Mengler's 19-page report comes as the legislative auditor is conducting a separate probe into the attorney general's office. Lawler's charges had heightened controversy facing Swanson, who assumed office last year and has drawn criticism over her management style. Lawler did not return phone messages Tuesday. Swansonreleased a statement saying that news coverage of Lawler's allegations earlier this year "ignored the fact that with only 90 days experience in the office, the attorney was in aquestionable position to judge the procedures utilized by the office."


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Note the quote from a prepared press release from Swanson's office was printedwithout an actual interview of Swanson in person. Apparently not one tough question wasasked. None of the conflicting facts were examined. Nobody noticed the SEVEN attorneysworn statements corroborating Lawlers allegations. Clearly, the public was notinformed of the key facts.

Unflattering picture. Lawler, who began working in Swanson's office late last year, had created an unflattering profile of the office by voicing concern that, althoughthe two lawsuits against the mortgage foreclosure consultants had merit, they might havebeen part of an effort to gain publicity for Swanson on consumer-protection cases.

Lawler also alleged that, in other instances, supervisors pressured attorneys to falsifyinformation in a consumer's affidavit, pushed a staff attorney to take action against acompany without reasonable cause and tried to get an attorney to provide unsound legal advice to a state agency . But Mengler's report said that Lawler had firsthand knowledge only of the episode involving the lawsuits and that she said she learned of theothers by "listening to other current and former office attorneys telling stories over drinks at bars." [Note in light of the Legislative Auditors report, Menglers report appears misleading or worse.]

Note that the Legislative Auditor was able to obtain SEVEN sworn statementscorroborating Amy Lawlers observations of the AGs Office. Why couldnt Dean

Mengler? Note that the local media apparently never followed up with an articlecorrecting the misleading information in this article. That is, readers were apparently notinformed that Lawler's allegations including apparently impeachable offenses, were instark contrast to Dean Menglers sharply limited and incomplete report -- very welldocumented and corroborated by multiple witnesses and under oath during theinvestigation by Legislative Auditor Nobles (See, June 3, 2008 report at Exhibit J ).

Questions for the incumbent Attorney General of Minnesota:

1) Why are you apparently the only Attorney General in the history of the State of Minnesota to have so many sworn statements of allegations of gross misconduct against you andyour Office -- even allegations of criminal conduct by lawyers from your own staff?

2) Why are you apparently the only Attorney General in the history of the State of Minnesota to have nearly half of your legal staff quit and leave the office or be fired during your time in office as Attorney General? Why have you refused to disclose the names of lawyers whohave worked in and left your Office?

3) Why did you sign the transfer of $249,999 Minnesota taxpayer dollars to thenotorious group ACORN? What steps, if any, did you take to ensure that those funds were not

illegally used to support your political campaign? Why are you apparently the only AttorneyGeneral in the history of the State of Minnesota to sign over taxpayer funds to an organizationcalled a criminal enterprise by Congressional investigators? When will the forensic audit of this transaction be started and completed?

4) When will you answer questions under oath regarding these very seriousmatters?


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ProfileName: Chris Barden

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I am running as the R epublican endorsedcandidate for Attorney General for the great Stateof Minnesota.

About Me:

Raised in Minnesota, I have loved our great statethrough middle school, high school, undergrad andgraduate school at the U of M, public service andlaw practice. Please see my website atwww.barden4ag.com to learn much more!

Hometown: Edina Minnesota

Country: United States

Occupation: Doctor and Lawyer

Schools: Edina High School - University ofMinnesota - Harvard Law School

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RE: FINAL VERSION Barden investigative report and cover letter on AG Officemisconduct -- update of Oct. 20, 2010Greetings all,The press conference is completed. We'll see if they publish our investigation resultsor continue to suppress the story.I am attaching the most recent version of my cover letter and report on Swansonmisconduct. The video will be on our YouTube link tomorrow. The docs and video willgo out to FOX NEWS, WSJ, Tea Parties throughout MN, and multiple bloggerstomorrow. The cover letter links MN corruption, ACORN, the 2008 election andCongressman Issa's upcoming federal investigation of our troubled state electionsystem.

Thank youChris Barden

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