When is a criminal investigation not really a criminal investigation?
That’s pretty much the question prompted by Associated Press reporter Rebecca Boone’s article headlined Idaho attorney general seeks prison investigation. The article was in the February 7, 2014, online version of the Idaho Statesman. Boone’s article makes it very clear that the public, the press, the Ada County Prosecutor, and even the courts were misled by Idaho officials into believing that the Idaho State Police had opened a criminal investigation into wrongdoing allegedly committed by Governor Otter’s favorite private enterprise prison operator, Corrections Corporation of America, under contract to the Idaho Department of Correction.
But when the investigation (or non-investigation, take your choice) was reportedly closed and the Associated Press pursued the investigative records pursuant to the Idaho Public Records Law, the AP was told there were no records because there had been no investigation. And therein may lie the answer to why the Idaho State Police may never have “numbered up” a formal investigation. If the ISP had assigned a case number to its non-investigation investigation and thus formally opened an investigation, the records would have become public record after disposition of the matter. By conducting a non-investigation investigation, the ISP can more-or-less truthfully say there are no investigative records subject to the Public Records Law. (There is probably no truth to the rumor that promotion to the ranks of Captain and higher in the ISP requires significant tap-dancing skills.)
OpenCdA suspects that AP reporter Boone is onto something here and hopes that the Associated Press will have the fortitude to pursue not only the records it sought but also the story behind why the State of Idaho was trying so hard to make it appear there was nothing to see here, so move along. That the Governor told the Attorney General to go pound sand when the AG recommended officially opening a criminal investigation now pretty strongly suggests that there is something to see here.
Almost seven years ago, my Whitecaps blog post entitled Trust and Confidence Violated discussed what I believe was the very unprofessional conduct of an Idaho State Police Captain assigned to our area, Region 1. That Captain has been promoted to Major and is now the ISP’s Forensic Services Commander.
The chief executive law enforcement officer of any agency is almost always a political appointee or, in the case of sheriffs, elected. One of the agency head’s important responsibilities, though, is to act as a buffer between those elected and appointed political hacks who seek to politicize the entire law enforcement agency and the agency’s employees who, ideally, should never allow the conduct of their duties to be influenced by political factors.
A courageous and honorable chief executive law enforcement officer will stand between the hacks and the chief’s department even if it means publicly confronting and challenging the officials who, by virtue of election or appointment, are organizationally superior to the chief or sheriff. In some instances, that will result in the chief being disciplined or even fired for insubordination or the sheriff being subjected to a recall. But to not take that stand when necessary will and should cause the public to question whether the agency has become so politicized that it has effectively subordinated the rule of law to the political will of those who might prefer the laws be enforced selectively and preferentially.
Comment by Bill — February 9, 2014 @ 8:25 am
Bill, I am absolutely convinced that our top ranking officials are incompetent, it is how it is done. ‘They’ are just promoted when they mess up so they can nothing. Pretty scary leadership. We watched the hearings on the IRS scandal the other night and there is not a doubt in my mind that most of us are just captives within our own criminal government leadership. You have been writing about this stuff for years, it is just getting worse. Nobody takes anyone down unless it suits their own agenda and people who try to do something and call the kettle black as in the ‘truth’ are ruined. My guess if anything is done in Idaho concerning corruption ect. it will be done by somebody that absolutely hates this state and never plans to live here.
Comment by Stebbijo — February 9, 2014 @ 7:14 pm
Stebbijo,
Investigations are a funny thing. Assuming AP reporter Boone’s article is accurate, it would be understandable that the ISP would first determine if there was sufficient basis to officially open an investigation. But a professional law enforcement agency would have been extremely careful to not even confirm or deny that even a preliminary inquiry was underway. To do so would not only potentially jeopardize any subsequent investigation, but it could defame people identified as part of it (remember Richard Jewell)? Yet it certainly sounds as if several very official state offices and officials were led to believe by people whom they believed that the ISP was investigating the CCA. The state’s hiring KPMG to conduct a forensic audit of CCA would be costly, so it would seem that it should not be undertaken in the absence of other compelling evidence suggesting a formal investigation should be opened.
One of the more puzzling things about the article is that if AG Wasden is to be believed, he didn’t know if there was a formal investigation underway or not. Again, if he is to be believed, that lack of knowledge about what the various DAGs assigned to him were doing suggests a lack of supervision and control over his own office.
Comment by Bill — February 10, 2014 @ 7:23 am
The investigation on the IRS scandal is also a “funny thing.” No one knows who or claims the know who is heading it up, yet they claim there is one and not one witness has been interviewed – 6 months later. The only thing that happened was the 5th amendment by the IRS woman who admitted to wrongdoing. The justice dept has done nothing, yet there is evidence of [harassment] per se by our government agencies such as the FBI concerning those folks who filed for a non profit status and were Republican. We should all be concerned. The lawyer for the “witnesses” has the emails that claim the targeting was “off plan” yet the President states there is not a smidgen of corruption. Yep, it’s all the same tactics …. but never in Idaho. Right?
Comment by Stebbijo — February 10, 2014 @ 7:37 am
The Gov claims that Deputy Attorney General Kubinski, representing IDOC, and Deputy Attorney General Altig, representing ISP, were involved in whatever “investigation” occurred. The article also states that a $1 million settlement was entered into between CCA and the State. Wouldn’t the AG’s office prepare the settlement documents? It appears to me that Wasden has no idea what his Deputy Attorney Generals are doing. If he does know, he probably did not think Otter would throw his electioneering grandstanding back in his face.
Comment by up river — February 10, 2014 @ 8:22 am
up river,
Yes, you would think that the AG would personally have at least reviewed the settlement documents with CCA and that before even agreeing to a settlement, he would have asked, “Hey, guys, whatever happened with that criminal investigation thingy?”
Comment by Bill — February 10, 2014 @ 8:43 am
It would be interesting to see if the settlement documents with CCA contain an agreement to not pursue a criminal investigation.
Comment by up river — February 10, 2014 @ 11:25 am
up river,
Since one of the parties to the settlement is a public agency, would those documents be public records in their entirety or could certain terms and conditions of the agreement be withheld from the public?
Comment by Bill — February 10, 2014 @ 1:33 pm
I have no clue. I guess the AP reporter could ask.
Comment by up river — February 10, 2014 @ 2:44 pm
Sorry, I typed that comment out in a hurry this morning before work .. it’s harassment instead of embarrassment. Oh well, it’s just the same garbage that continues.
Comment by Stebbijo — February 10, 2014 @ 5:50 pm
Stebbijo,
I made the [correction] in your earlier comment.
Comment by Bill — February 10, 2014 @ 7:26 pm
Saddest note on the above: After all the evolving problems with privatized prisons, the Kootenai County Board of Commissioners are still considering the pursuit as an option that is both viable and prudent. Apparently, they either don’t get out much or are banking on the new runners of “green shine” from WA. Don’t take this wrong, but Green (Dan)is a huge “sit-back” investor with millions still left to burn, so private prisons would fit squarely into his portfolio and … promotion.
Comment by Old Dog — February 10, 2014 @ 11:33 pm