Attorney General's Ethical Conflicts With "Trailhead" Beyond the Pale

Denver, CO - Dismissively rejecting possible violations of the law by the Republican front group, Trailhead, Attorney General John Suthers revealed a large ethical gap in the Colorado Attorney General's Office.

Suthers, a Republican, was appointed Attorney General by Governor Bill Owens, a founder of Trailhead. After receiving scores of complaints against Trailhead for possible violations of the state's recently enacted "Truth In Politics" law, Suthers' office summarily rejected the complaints without so much as a raised eyebrow. That Suthers is making decisions about possible criminal violations by his political patron should trouble Coloradans greatly.

"Suthers himself should come under immediate ethical review," said Pat Waak. "The list of conflicts and ethical violations committed in just this one situation could keep a judge busy for days."

The complaints against Trailhead revolve around "robo-calls" sponsored by the group attacking Democratic elected officials. The content of the calls could well be interpreted to be "intentionally false and misleading," which could be a violation of a recently passed law prohibiting such content.

The "Truth in Politics" law -- state statute (CRS 1-13-109) -- prohibits the knowing or reckless dissemination of a false statement designed to affect the vote on any issue. The robo-calls initiated by Trailhead contain lies and deceptions that even with a cursory examination meet the threshold of warranting a serious inquiry. Instead, Suthers' office just looked the other way.

"Trailhead did nothing to verify the misstatements they made about our elected representatives and that in and of itself is potentially criminally reckless," said Waak. "The people of Colorado can start preparing for a barrage of lies from Trailhead because this decision means it is open season."

Among the possible ethical lapses Suthers' office committed:

*Not submitting the complaints to a complete "conflict review" within the Attorney General's office to determine if Suthers could even make an impartial ruling.

*Suthers not publicly recusing himself to assure total objectivity in conducting the review of evidence.

*Executing no more than a cursory review of the information presented without speaking with Owens, the staff of Trailhead of any of the officials slandered by the calls.

*Making summary decisions on the legislative intent of the "Truth In Politics" law without so much as talking with the two main sponsors of the bill, Alice Madden (D-Boulder) and former state senator Mark Hillman (R-Burlington).