JASON CARTER

District 42

327-B Coverdell Legislative Office Building
18 Capitol Square
Atlanta, Georgia 30334
(404) 463-1376


E-mail: jason.carter@senate.ga.gov







The State Senate
Atlanta, Georgia 30334




COMMITTEES:

Judiciary
Science & Technology, Secretary
Special Judiciary
Transportation
Urban Affairs






June 25, 2014

VIA HAND DELIVERY

The Honorable Sam Olens
Attorney General
40 Capitol Square, SW
Atlanta, GA 30334

Re: Official Request for Appointment of Special Assistant Attorney General

Dear Attorney General Olens:

Your office recently announced settlements with three former employees of the Georgia
Government Transparency and Campaign Finance Commission arising out of the Commission’s
handling of its investigation into Gov. Nathan Deal’s 2010 campaign for governor (the “Deal
Investigation”). Your office also decided not to appeal or otherwise contest the jury verdict that
the Commission’s former director was wrongfully terminated from her job for pursuing the Deal
Investigation.

This means that Georgia taxpayers now owe at least $3 million for the State’s alleged
cover-up of the Deal Investigation.

Given these facts, I request that you appoint an independent Special Assistant Attorney
General to:

(1) independently reopen and complete the original Deal Investigation given there is now
ample evidence that this investigation was never completed and instead was the
subject of serious tampering; and

(2) independently assess the actions of the Commission and other state employees who
were responsible for the tampering and the apparently unlawful treatment of the
Commission staff who participated in the Deal Investigation.

Attorney General Sam Olens
Page 2
June 25, 2014


Your office must act to prevent the State’s unlawful conduct from successfully covering
up the subject of the Deal Investigation, and to ensure that there is no appearance of impropriety.
Given the publicly available information, the allegations against Gov. Deal and his 2010
campaign were serious and far-reaching. They deserve a full investigation, which they have not
yet received. A Special Assistant Attorney General will have the independence, authority and
credibility needed to fully investigate these matters without appearance of bias or threat of
political interference.

According to the public record, prior to being forced from her job, former commission
director Stacey Kalberman presented draft subpoenas to the Commission that she and her staff
believed would lead to information that was necessary to complete the Investigation. According
to Ms. Kalberman, your office reviewed and approved the legal sufficiency of the subpoenas
before they were submitted to the Commission. The statements justifying the subpoenas recited
evidence that Gov. Deal used campaign contributions to enrich himself, his family and his
friends.

Specifically, the statements drafted in support of the subpoenas state:
 “Deal received contributions that may have been in violation of the Ethics in
Government Act.”
 “Deal may have used state campaign funds for personal purposes, due to payments to
questionable vendors.”
 “Deal may have violated the Ethics in Government Act by paying excessive rates for
airfare with campaign funds in order to funnel money into North Georgia Aviation, a
company that he owns. Deal also may have violated the Act by failing to disclose the
end recipient of these expenditures AND failing to disclose his ownership interest in
the company.”
 “Deal may have violated the Ethics in Government Act by repeatedly filing Personal
Financial Disclosures containing false and misleading information.”

Had the subpoenas been issued, the Commission would have been able to fully examine
these questions by reviewing internal campaign communications, contribution and expenditure
reports, campaign schedules, and contracts with campaign consultants. If there had been no
wrongdoing, the governor and his campaign would have been cleared after a full investigation.

But the subpoenas were never issued. Instead, the employees who requested the
information were unlawfully targeted, punished and forced from their jobs. These facts are not
mere allegations. They have been proven to a jury, whose judgment your office chose not to
contest. And these facts presumably form the basis for the settlements that your office approved.

According to Gov. Deal’s own admission, his office played a direct role in selecting Ms.
Kalberman’s replacement even though the Commission was actively investigating his campaign
at the time. Predictably, Holly LaBerge, Ms. Kalberman’s successor, chose not to pursue the
subpoenas and ultimately opted to fine Gov. Deal’s campaign only $3,350 for technical defects.

Attorney General Sam Olens
Page 3
June 25, 2014


Then, Ms. LaBerge reportedly boasted that Gov. Deal “owes” her because of her decision
to end the full investigation, and she allegedly asked commission staff to destroy documents
relating to the investigation. The Commission employees who refused to participate in this
cover-up were similarly targeted and punished—and your office has decided to pay these
individuals for that alleged wrongful treatment.

Given the facts in the public record, I and many others are concerned that the full Deal
Investigation was never completed and tampering prevented serious allegations from being fully
examined. Georgia taxpayers deserve to have the full scope of the Deal Investigation completed
and to know how the apparent cover-up was set into motion.

I appreciate your continued commitment to protecting taxpayer resources and finding a
just resolution to these matters. I look forward to your reply.

Sincerely,


Jason Carter
Senator

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