LANSING, Mich. (Michigan News Source) – Some Michigan Republicans are calling for answers after reports of Attorney General Dana Nessel accessing case documents that were behind an ethical firewall to prohibit her viewing.
The Detroit News broke the story regarding a case involving Traci Kornack, a personal injury lawyer and previous member of the transition team for AG Nessel in 2018, in which she was charged with abusing the confidence of a brain damaged client to overcharge and overdraw her accounts.
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Under the direction of the Director of the AG’s Financial Crimes Division, Scott Teter, an ethical firewall was constructed to distance Nessel from the investigation according to the Detroit News. However, documents obtained by the newspaper indicate that despite the conflict wall being constructed to prevent her from “being provided or accessing any information related” to the investigation, she had other staff members obtain information regarding the investigation.
State Representative Angela Rigas (R-Caledonia) is calling for action and accountability regarding the AG’s behavior.
“Accountability is not a partisan issue,” she said in an email to Michigan News Source. “The people need to know their leaders are honorable at best and investigable if they fail. Nobody is above the law, even those that enforce it.”
When asked about whether the legislature could do anything about seeking accountability, Rep. Rigas was not optimistic.
“Unfortunately, right now we have a Democrat trifecta and unfortunately those Democrats almost never have the courage to oppose their own party,” she said in the email. “For us to properly hold the attorney general accountable from here on out we need Democrats to join us in putting what’s right over what’s within ‘party lines.’ But we aren’t holding our breath.”
For the representative, the big question is why she breached the ethical firewall when she knew it was in place.
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“The secondary question is: has she done this before?,” she added. “We don’t expect to get answers on either without an official inquiry, however, as right now the office is remaining silent.”
Last week, AG Nessel’s office did respond to the reports about her conduct, disagreeing with the claims and stating that there was not a violation of the internal Isolation Wall Notice.
“The Isolation Wall was established to prevent the perception of influence from the Attorney General, who had a prior professional engagement with the investigatory subject, into the investigation and subsequent charging decision and potential prosecution,” the AG’s office said in a statement. “At the time of the reported communications, the investigation had concluded and the decision not to pursue criminal charges had been completed, without influence from or consult with Attorney General Nessel. The investigation subject did not receive the reports from the Attorney General, but via a public records request pursuant to the Freedom of Information Act, the same mechanism used by the opinion author at the Detroit News. The Attorney General’s review of the reports at that time was not in conflict with the isolation wall in letter nor intent.”
Still, Gary Mills, Editor and Publisher at the Detroit News stood by the reporting and claims of the piece, which contradicted the statement from the AG’s office.
“We respect and understand the value of opinion, especially those involving the intercession of the state’s highest elected law enforcement official in an investigation of an acquaintance and Michigan Democratic Party official,” Miles said in a letter to the AG’s office. “In this case, however, your opinions differ from those of our columnist.”
“In the meantime, the underlying facts could not be more clear,” he added. “If you have any additional information to provide, we would be happy to review it.”
Rep. Rigas also called for an “impartial investigation” into the AG’s conduct, in what she called “a violation of the public trust.”
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