John Swallow
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|---|---|
| 20th Attorney General of Utah | |
| In office January 7, 2013 – December 3, 2013 | |
| Governor | Gary Herbert |
| Preceded by | Mark Shurtleff |
| Succeeded by | Sean Reyes |
| Personal details | |
| Born | (1962-11-10) November 10, 1962 (age 61) San Gabriel, California, U.S. |
| Political party | Republican |
| Spouse | Suzanne Seader |
| Children | 5 |
| Education | Brigham Young University (BA, JD) |
| Website | Official website |
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John Swallow (born November 10, 1962) is a Republican politician and former Attorney General of Utah.[1] Just prior, he served as Chief Deputy Attorney General overseeing civil litigation.
Swallow has been a lawyer since 1990 and was a member of the Utah State House of Representatives from 1996 to 2002. In December 2009, John Swallow was appointed Chief Deputy Attorney General for Utah. While serving as Chief Deputy, some of his most prominent projects included the fights to overturn the Patient Protection and Affordable Care Act and to gain state control of Utah's federally controlled lands. In November 2012, Swallow easily won the election for Utah Attorney General by a 64 to 30 percent margin.[2]
On November 21, 2013, following federal and state investigations of alleged improprieties on his part, Swallow resigned, after less than a year in office.[3] He contended the charges as completely false, but resigned in order to disencumber the office of Attorney General of the near-constant distractions and resources diverted to defend against the charges. At the time of his resignation, he told the public, "I've decided that there's no way in the world that I'm going to convince people that I'm innocent," and continued, "I just have to go quietly away, work on that and know that my family and I and anyone else that really matters in my life will know and understand I have not done the things they said I've done." [4] He was later arrested in July 2014, along with his predecessor, Mark Shurtleff, on corruption charges. On March 2, 2017, Swallow was acquitted of all charges.[5] In September, 2019, the Salt Lake Tribune reported that “in a series of nearly unanimous votes, Utah lawmakers concluded the yearslong corruption scandal surrounding John Swallow by approving a $1.5 million settlement reimbursing the former attorney general for his legal fees.” [6]
Swallow said that when he was nine, his father was killed "in a stupid accident";[7] the claim was later questioned, to which Swallow clarified,『It is something that happened to my family more than 30 years ago. As a family, we do believe (his biological father) was killed in an accident — that's how we grew up.』The Deseret News added, "Swallow says he did not purposely mislead the newspaper or voters." [8] The family moved to live with his maternal grandparents in Juneau, Alaska, for three years. When his mother married Richard Swallow, he moved to Orem, Utah, where he adopted his step-father's last name. The family later moved to South Spring Valley, Nevada, in an area of what is now Great Basin National Park, where Swallow's teenage years were spent on an alfalfa farm.
Swallow served a Spanish-speaking mission for The Church of Jesus Christ of Latter-day SaintsinLos Angeles, California, where he "learned to speak Spanish with an L.A. accent".[7] He earned an undergraduate degree in Psychology and then a J.D. degree from Brigham Young University J. Reuben Clark Law School, where he was a member of the Law Review.[9] In 1985, Swallow married Suzanne Seader; after his graduation they moved to Sandy, a suburb of Salt Lake City. They have five children.
In 1996, after working as a lawyer for several years, Swallow successfully ran for the Utah House of Representatives for a district based in Sandy and continued serving as a State Representative for six consecutive years.[9] While in the legislature, Swallow sponsored the then-largest tax cut in Utah's history and was named Taxpayer Advocate of the Year by the Utah Taxpayers Association for sponsoring and passing legislation to reduce taxes in Utah.
Swallow gave up his state house seat in 2002 to run for Utah's 2nd congressional district against freshman Democrat Jim Matheson. The district had been redrawn, resulting in a decidedly more rural and Republican demographic. The former 2nd District had been located entirely within Salt Lake County, but the redrawn 2nd included a large swath of rural territory in southern Utah. Indeed, Swallow's colleagues in the state told national Republicans that they had drawn a district that no Democrat—even a conservative one like Matheson—could possibly win. As a result, the national party spent very little money on Swallow's behalf.[10] Ultimately, Swallow lost to Matheson by a margin of only 1,600 votes, largely because he could not overcome a 25,800-vote deficit in Salt Lake County.[11] Swallow sought a rematch in 2004, losing this time by 12 points.
In 2009, Swallow was appointed as the Chief Deputy Attorney General of Utah for civil cases. A major focus was the state lawsuit to overturn U.S. President Obama's healthcare law. Swallow also sued Barack Obama and Interior Secretary Ken Salazar to unlock federal land within Utah for oil and gas exploration, and to help fund education for Utah children.[9]
Swallow announced his candidacy for Attorney General in January 2012. During his race, he was endorsed by his predecessor, Attorney General Mark Shurtleff and U.S. Senator Mike Lee.[12] Swallow was also endorsed in his candidacy by the NRA and received an "A+" rating from the 2nd Amendment organization, because of "his dedication to gun owners," and "his defense of the second amendment."[13] Swallow was elected and sworn on January 7, 2013.[14]
In January 2013, the United States Department of Justice and FBI investigated Swallow's role in an alleged scheme to help indicted businessman Jeremy Johnson avoid a lawsuit by the FTC.[15] According to Johnson, who was indicted for mail-fraud charges related to his internet business iWorks, Swallow attempted to broker a deal to bribe Senate Majority Leader Harry Reid with $600,000 through lobbyist Richard Rawle.[14]
In May 2013, Marc Sessions Jenson (who was convicted in 2008 of defrauding millions from investors) turned receipts over to the FBI he claims show that in 2009 he gave Swallow free meals, massages, golf outings and rooms at a gated Newport Beach villa.[16]
In September 2013, the United States Department of Justice notified John Swallow's lawyer that they would not be filing charges in their investigation.[17]
In May 2013, former Utah State Consumer protection director Traci Gunderson filed a complaint with the Utah State Bar, alleging improperly discussed settlement negotiations with a company under investigation by the Utah State Division of Consumer Protection. Swallow's office stated: "John Swallow did not violate any bar rules, and the complaint confuses the rules between a private law firm and a public law firm. The attorney general can and should hear complaints from the public. However, no meeting actually took place and no settlement offers were made or accepted"[18]
In May 2013, Lieutenant Governor Gregory S. Bell announced he would appoint a special counsel to investigate potential violations of campaign laws.[19][20]
On July 3, 2013, H.R. 9001 was passed by the Utah State House of Representatives, which formed a committee to investigate allegations of misconduct against Swallow.[21] Swallow previously stated the investigative committee was the state legislature's choice and that he "completely respect[s] their prerogative."[22]
On August 7, 2013, the Utah House special investigative committee held its first meeting. Chairman Rep. Jim Dunnigan expected the investigation to take months.[23]
On June 11, 2013, Governor Gary Herbert expressed his concern over various investigations into John Swallow. The Governor was quoted as saying "What I consider ethical challenges, ethical violations. I can say that if he worked for me with all that's coming up, he wouldn't be working for me today."[24]
A poll conducted by BYU's Center for the Study of Elections and Democracy revealed that 78 percent of Utahans wanted Swallow to resign, and 71.5 percent wanted the legislature to impeach and remove him if he didn't do so. Center director Quin Monson said that Swallow was in "a dreadful place" for any elected official. No elected official in Utah has ever been impeached since statehood.[25]
On November 21, 2013, Swallow announced his resignation from office. He cited the personal and financial strains involved in the investigations, but the Deseret News, a Salt Lake City daily newspaper, reported that he "cut a deal" with the Utah lieutenant governor's office to avoid criminal charges and the release of a report charging Swallow with violating state law.[26]
On March 11, 2014, the investigative committee commissioned by the Utah State House of Representatives completed their investigation and published their report. The committee concluded that Swallow had engaged in unethical and potentially illegal behavior, including the disappearance of substantial electronic evidence under suspicious circumstances. Swallow and his counsel were alleged to have repeatedly stymied investigators with false statements and fabricated documents.[27][28]
On July 15, 2014, the FBI arrested Swallow, along with former Attorney General Mark Shurtleff just after 8 a.m. at their homes and charged him with receiving or soliciting bribe or bribery by a public servant, false or inconsistent material statements, evidence tampering and misusing public monies. They were both released hours later at 11:45 a.m.[29] The arrest came after a search warrant was executed on the Swallow residence in June 2014.[30]
John Swallow has a track record of fighting for Utah's lands. He advocates a position arguing that federal control over land in Utah keeps the state government from having access to Utah's resources, and that this subsequently prevents economic growth and impinges on what he sees as constitutional rights. Swallow credits his upbringing on a farm with giving him an appreciation for the land and its worth.
While serving as Chief Deputy Attorney General, Swallow doubled the size of the Public Lands litigation team. The office also filed suit over the Wild Lands Policy, filed notices of intent to litigate against the government over more than 12,000 RS-2477 roads, and worked to keep the Sage Grouse from being listed as an endangered species. Swallow alleges that expansive federal policies that cut off access to public lands are killing jobs, hurting Utah's economy and robbing children's classrooms of greatly needed funding.[31]
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| Legal offices | ||
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| Preceded by | Attorney General of Utah 2013 |
Succeeded by |
