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SALT LAKE CITY — Former Utah Attorney General John Swallow argued in court papers Thursday against the Federal Election Commission adding him as a defendant in its civil lawsuit against embattled St. George businessman Jeremy Johnson.
Among the reasons defense attorney Scott Williams cites is that there is little public interest in going after Swallow, who has endured multiple investigations and is the subject of a "wild-eyed" criminal prosecution in state court.
"Now the FEC desires to heap on, triggering another significant burden of time, financial resources, and distraction from his efforts to prove his innocence in the criminal case," Williams wrote.
Johnson is accused of making illegal campaign contributions to former Utah Attorney General Mark Shurtleff, Sen. Mike Lee, R-Utah, and Sen. Harry Reid, D-Nevada.
The FEC alleges Swallow helped arrange those donations and asked a federal judge last month to make him a co-defendant with Johnson.
The court so far hasn't allowed Swallow to argue against the FEC motion. Williams in Thursday's court filing seeking that permission included a draft memorandum of what he would say if given the chance.
Johnson allegedly used "straw" donors to contribute $100,000 to Shurtleff's U.S. Senate campaign, $50,000 to Lee's Senate campaign and $20,000 to Reid's re-election campaign. Federal election law caps individual donations at $2,400.
Prosecutors claim Johnson contributed to the Shurtleff and Lee campaigns at Swallow's behest.
"Swallow solicited a large contribution from Johnson to Shurtleff's campaign, and Swallow instructed Johnson to make the contribution by giving money to others for them to contribute in their own names," according to the FEC complaint.
Williams contends there is no evidence that Swallow knew of anyone who acted as a straw donor or anything about how Johnson made political contributions.
"Interestingly, the only source for such evidence is Mr. Johnson himself (who is being prosecuted by the Federal Trade Commission for misleading activities, is being prosecuted by the FEC in the present case for fraudulent activity, and by the U.S. attorney for 86 counts of criminal fraud)," he wrote.
Johnson and three associates from his one-time multimillion dollar Internet marketing company iWorks are scheduled to go on trial in the criminal case Feb. 1.
Williams contends it's "unfair" to drop Swallow into the FEC case that is already six months into litigation.
A Republican who resigned from office two years ago, Swallow faces more than a dozen felony and misdemeanor charges, including bribery, accepting gifts, money laundering and evidence tampering. Some of the allegations stem from his association with Johnson. Swallow has pleaded not guilty.
Williams says Swallow has been "besieged by assaults" from many angles since his 2013 inauguration.
"He has suffered extreme personal and financial hardship as he has been forced to engage legal representation throughout a multitude of investigations (which he cooperated with), and now a wild-eyed criminal prosecution," he wrote.
Williams contends there is "little arguable" public interest in the FEC forcing a civil suit on Swallow given his circumstances. Swallow has given up any influence in the public arena and has no intent or ability to pursue politics, Williams said.
"Mr. Swallow spared himself, his family, and most importantly, the Utah public from the stresses and impact of the sensational spectacle that had been made of the politically motivated investigation against him," he wrote.
"He has subsequently become a modest private citizen facing, notwithstanding the finding of the federal government that he committed no crimes, the formidable weight and resources of the Salt Lake County District Attorney's Office in a 14-count criminal prosecution."
The Department of Justice Public Integrity Section investigated Swallow and Shurtleff and declined to file charges against them in 2013.
If Swallow were added as defendant in the FEC case, Williams said he would seek to delay the case until the criminal charges against him are resolved.
