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Profile: Craig Donsanto

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Craig Donsanto 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

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) has been pursuing allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 2004 and December 23, 2004 - January 12, 2005). McKay has worked with the FBI on the investigation. He has met with FBI and Justice Department officials, who together have reviewed the evidence and concluded that there are no grounds to open a federal grand jury investigation. Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, has also advised McKay to refrain from any proactive investigation, but merely to collect facts and information, and monitor the state court litigation surrounding the election, because the department wants to make sure not to give the impression that it is trying to influence the litigation. McKay drafts a public statement for use by the FBI and his office to respond to questions surrounding the controversy. The statement says that while the FBI would receive and evaluate all complaints of voter fraud, because the race is a state election matter, citizens should also provide that information to state officials. McKay and the FBI will continue to examine evidence presented to them as “voter fraud,” and will determine that none of it proves any criminality whatsoever. Moreover, the Justice Department will confirm that in as the governor’s race is a state matter, the US Attorney, a federal law enforcement office, has no jurisdiction over allegations about the race. [US Department of Justice, Office of the Inspector General, 9/29/2008]

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

Timeline Tags: Civil Liberties

US Justice Department official Craig Donsanto, the director of the election crimes branch, sends an email to a colleague expressing his incredulity that the US Attorney for Eastern Wisconsin, Steven Biskupic, brought a case against Wisconsin procurement official Georgia Thompson. Thompson was released in April by an appeals court which overturned her conviction and found that Biskupic’s prosecution was based on extraordinarily sketchy evidence (see April 5, 2007). Many critics now believe that the case was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). “Bad facts make bad law. How in heck did this case get brought?” Donsanto writes in an email to Justice Department official Raymond Hulser. The press will not report on Donsanto’s consternation until September 2007, when it will be turned over to the House Judiciary Committee, involved in an investigation of the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Committee chairman John Conyers (D-MI) will say in a statement: “This email demonstrates that even Justice Department insiders thought the Thompson case was seriously flawed. This only underscores the need for further investigation into the administration’s alleged role in politicizing prosecutions.” Biskupic was once named on a list of US Attorneys to be fired (see March 2, 2005), but was later removed from the list. Attorney General Alberto Gonzales will later testify that he does not know why Biskupic was considered for removal or why he was taken off the list. [Associated Press, 9/6/2007]

Entity Tags: John Conyers, Alberto R. Gonzales, Craig Donsanto, House Judiciary Committee, Raymond Hulser, US Department of Justice, Georgia Lee Thompson, Steven M. Biskupic

Timeline Tags: Civil Liberties

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