Ex AG Swallow requests FBI, DOJ turn over evidence

Ex AG Swallow requests FBI, DOJ turn over evidence

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SALT LAKE CITY — Former Utah Attorney General John Swallow has expanded his request for evidence in the criminal case against him to include anything the FBI and U.S. Department of Justice might be withholding.

The request follows a similar demand in the separate criminal case against ex-Attorney General Mark Shurtleff that has led to a legal fight between state prosecutors and federal attorneys.

Swallow's new lawyer, Scott Williams, wants the Salt Lake County District Attorney's Office to turn over "everything obtained or otherwise in the possession, custody or control of the prosecuting agency, all investigative agencies, the state of Utah and the United States to which the prosecuting agency or the state of Utah has access."

In the Shurtleff case, Davis County Attorney Troy Rawlings asked a 3rd District judge to force the federal government to provide all the evidence it gathered during its abandoned investigation of Shurtleff and Swallow. The DOJ says it has given the state hundreds of thousands of documents it believes are relevant to the case.

But Rawlings believes there's more and argues that the DOJ doesn't get to decide what's relevant to a state case. A hearing is scheduled Dec. 1.

Former Utah Attorney General John Swallow leaves the courtroom Monday, July 27, 2015, at the Matheson Courthouse in Salt Lake City. Swallow pleaded not guilty on public corruption charges. Photo: Scott G. Winteron/Deseret News
Former Utah Attorney General John Swallow leaves the courtroom Monday, July 27, 2015, at the Matheson Courthouse in Salt Lake City. Swallow pleaded not guilty on public corruption charges. Photo: Scott G. Winteron/Deseret News

The DOJ's Public Integrity Section declined to prosecute Shurtleff and Swallow two years ago after conducting its own investigation. Still, several local FBI agents stayed on the case, working with state and county investigators.

Williams in his motion seeks all documents authorizing the FBI to continue to work with the state in connection with the investigation and the prosecution.

Swallow and Shurtleff both face multiple public corruption charges associated with the attorney general's office. Both have pleaded not guilty.

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