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A review of filings with the Internal Revenue Service and the Colorado Secretary
of State shows that several top donors to Attorney General John Suthers' election
campaign have also written large checks to the Trailhead Group, a 527 organization
which the Colorado Democratic Party has asked Suthers' office to investigate
for possible violations of state law.
Trailhead is funded by a group of wealthy Republican donors and is responsible
for repeated misleading, malicious automated phone calls to voters in 10 state
house districts represented by Democratic legislators.
Colorado Democratic Party Chair Pat Waak in February asked Attorney General
Suthers' office to investigate Trailhead for possible violation of Colorado
Revised Statute section 1-13-109, which states "No person shall recklessly
make...any false statement designed to affect the vote on any issue submitted
to the electors at any election or relating to any candidate for election to
public office."
Yet on March 21, 2006, the attorney general's office notified the Democratic
Party of its opinion that "the Statements made by Trailhead...do not rise
to the level of reckless disregard" for the truth.
Colorado Democratic Party Chair Pat Waak issued the following statement:
"Republican leaders know they cannot run against Democrats' record of
accomplishment, so they have formed the Trailhead Group to conduct a campaign
of character assassination. Now we know that four different donors to the Trailhead
Group have also donated large sums to Attorney General Suthers' election campaign.
This presents a clear conflict of interest.
"Several questions need to be answered. What, if any, subpoenas did the
attorney general's office issue as part of its investigation of Trailhead? What,
if any, letters or phone calls of inquiry did the attorney general's office
send or make? What, if any, questions did the attorney general's office ask
of the Trailhead Group? Finally, can Coloradoans count on the attorney general
to investigate a group whose donors are also funding his own electoral ambitions?
"Law enforcement cannot be subject to partisan politics. If Suthers' office
cannot objectively investigate Trailhead's activities he owes it to Coloradoans
to recuse himself."
"In light of this conflict of interest we cannot help but note the irony
that Suthers is scheduled to deliver a talk on Thursday entitled "Importance
of Compliance with our Campaign Laws," Waak added.
Trailhead's 2005 IRS Form 8872 filing shows contributions to Trailhead totaling
$176,000 from Jones International, Pete Coors, Cortland Dietler, and the Benson
Mineral Group. Suthers' election campaign filings with the Colorado Secretary
of State show contributions to his primary and general election campaign funds
by Glenn Jones, Pete Coors, Cortland Dietler, and Bruce and Marcy Benson. The
contributions to Suthers' election campaign made by these Trailhead donors were
the largest amounts permitted under state law or, in one case, were within $1
of the legal limit.
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