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Former Spokane County Democratic Chair Andrew Biviano (right) and AG Bob Ferguson after AG starts “investigation” last year
The Spokane County Democratic Party finally settled the campaign finance lawsuit filed against them by Washington State Attorney General Bob Ferguson just before Christmas. The settlement was obviously settled long before the final documents were completed, but in an effort to reduce the political visibility of the final outcome, the AG agreed to wait until the day before Christmas to release the press release (link here). This is the 18th settlement out of 19 lawsuits filed by the AG’s office for campaign finance violations based on complaints originally filed by this author. The Democratic Party and the local legacy media want to blame this author for their troubles, but they have nobody to blame but themselves. ( A complete list of these AG settlements is provided below with all relevant source links).
How did the Spokane County Democrats get here?
It is worth reviewing how the Spokane County Democratic Party got here in the first place. Without question – the Spokane County Democrats were horrific with their bookkeeping and general accounting for many years. They had been draining a dedicated fund (called the Drumheller fund) which was originally dedicated to scholarships for kids in order to pay for epic parties (see article here and here). Along the way, they hired a former chair, pastor Jim Castrolang, to be their paid executive director (not common for either major political party at the county level). The theory at the time was his fundraising expertise would ensure the party did better financially. This theory failed in practice, but the Spokane County Democrats did increase their costs paying Pastor CastroLang an extra $24,000+.
The Spokane County Democrats also had a Treasurer named Justin Galloway doing a poor job while he held that title. He quit the position in the summer of 2016. Conveniently, CastroLang took over the Treasurer role and proceeded to completely botch the job, while filing financial documents in Galloway’s name. CastroLang also decided to hide the fact that the Spokane County Democrats were paying him a monthly salary and that some of the donations he was collecting were over the campaign finance limits and illegal.
After years of botching their financial reporting and violating the state’s campaign finance laws without any consequences, this author filed a complaint with the Public Disclosure Commission March 16, 2017 (linked here). The recently elected (and since resigned) chair of the Spokane County Democrats at the time, Andrew Biviano, claimed this author’s complaint was “frivolous” and without merit (see Biviano email dated March 24, 2017 linked here) In addition, this author filed a Citizens Action Notice, which is what forced the Attorney General’s office to file a lawsuit May 12, 2017 (linked here).
In the end, the Spokane County Democrats admitted to the following violations and pretended other violations never happened (even though the PDC just sent this warning letter on December 20, 2018 to them for additional violations):
- Failing to timely file disclosure reports detailing $104,190 in contributions and $110,554 expenditures, including contributions made to political candidates.
- Filing at least 180 disclosure reports to the state Public Disclosure Commission late, and filing multiple reports more than a year late. They even failed to file some reports until after the AG filed its lawsuit.
- Did not timely report any of the salary payments made to CastroLang between September 2015 and March 21, 2017.
How seriously did the AG prosecute this case?
Democrat Attorney General Bob Ferguson did not want to sue the Spokane County Democratic Party any more than he wanted to litigate against the other 18 Democratic Party organizations and politicians against whom this author forced him to file lawsuits. It should be noted, as a reflection on the hyper-partisan culture that permeates the AG’s office today – former AG campaign finance attorney Walter Smith quit the AG a few months after this case was filed because he was only planning to litigate against Republicans and it “wasn’t fair” to litigate against Democrats (see here). Also note, that when this author met with Smith and the other AG investigator last year, Smith only cared about exposing the Democratic Party whistleblower, not in uncovering the violations. Ferguson himself took the time to help the Spokane County Democratic Party raise money by speaking at their dinners even when his office was investigating them (something Ferguson did repeatedly for varioius Democrat organizations while they were knowingly violating the law).
Despite the obvious and clear evidence that CastroLang willfully and maliciously attempted to hide evidence of his pay and illegal donations from the public, the AG treated him with kid gloves, playing legal patty-cake, not looking too closely at inconvenient details, and wrist slapping him with a $1500 fine in the end (see settlement here) – which CastroLang can laugh off as he makes his three equal $500 payments over the next 12 months. The Treasurer Justin Galloway was fined $500 for contributing with his bumbling incompetence (see settlement here). The $11,500 in legal and investigative costs were low-balled by the AG and indicative of a lack of investigative seriousness on their part. Finally, despite the clear evidence of willful and malicious behavior – more obvious than most political groups this author exposed over the past few years, the AG negotiated a modest settlement of $72,000 fine with half suspended for four years assuming “good behavior.” A helpful payment plan was created, and the final settlement (linked here) was coordinated so that the press release could be made on Christmas Eve.
If you find yourself in legal hot water with the AG, it is very helpful if you are a Democrat and a donor to Bob Ferguson’s election campaign. There are obviously two applications of the rule of law in Washington State. The first is the “we’re all friends here” softball, kid-glove, pattycake style which the AG repeatedly uses with political allies and friends. The other is the scorched earth, no mercy, “we will never settle,” rabidly personal destruction game which Bob Ferguson (and his 600 paid attorneys) only and exclusively unleash on political “enemies.”
These enemies include people like Tim Eyman, the initiative guy who helped cut back on the endless tax gravy train and is hated by the Democratic Party and the bloated bureaucracy in Olympia. Another example would be Peter Zieve, the Mukilteo Businessman who dared to donate $1 million to a Pro-Trump SuperPAC in 2016 (all Republican donors in Washington State are going to get “special treatment” from the AG eventually – whether it is 3rd Party subponeas like Eyman’s case or direct scrutiny by the AG looking for any excuse to justify a lawsuit/legal fishing discovery expeditions). Another example would be the unemployed cobbler and retired judge in Grant County who apparently were involved in a $3900 anonymous flyer against Ferguson’s political ally and friend who was running for Grant County prosecutor in 2014 – and are now being charged with $454,000 (see lawsuit here and press release here).
If you are a Democrat in good standing, and break the law, you won’t get avalanched with 100 third party subpoenas (which has happened to Tim Eyman). If you are Ferguson’s political ally, he won’t depose your wife (which has happened to Tim Eyman). If you are one of Ferguson’s political buddies, he won’t seize millions of emails and then strategically release to the media embarrassing personal emails that have nothing to do with the legal case (which he has done to Tim Eyman and others). If you are one of Bob Ferguson’s political friends, Ferguson won’t issue a blizzard of press releases and media events discussing your case (which he did with Tim Eyman, Kim Wyman, and others).
It pays to be political friends with Ferguson because the strict rule of law will not be applied to you. As a political ally it appears you can convince Ferguson to use the weight of the State to crush your political enemies as an added bonus. This works in Third World dictatorships, and now Ferguson demonstrates that the same technique works wonders in Washington State as well.
More examples of political/legal favoritism by the AG
Here are some other examples of political favoritism – repeatedly on display by this AG over the past few years:
- Issuing no press releases for many legal settlements with Democrat politicians or groups. For example – King County Democrats, Thurston County Democrats, Pierce County Democrats, Democratic Representative Jeff Morris, and many others. There is only one example of an AG settlement with a Republican group that didn’t get press releases (and usually many press releases are issued if a Republican is the target).
- Creating a special payment plan for Democratic groups. The 2017 settlement with the Pierce County Democrats invented this option (see original complaint here, original AG lawsuit here, and final settlement here). Until this case, the AG had never allowed payment plans for campaign finance cases.
- If embarrassed into putting out a press release, then coordinating with the Democrat politicians or groups to ensure the press releases and/or settlements are made before important holidays (See Spokane County Democrat press release Christmas Eve)
- Using press release language to downplay the final settlement or significance of the violations. For example, letting the violators have a quote (see failed 19th LD Democratic Party legislative candidate Teresa Purcell’s press release here – note that Purcell’s nephew is the AG’s solicitor General), or failing to reference the total cost of the settlement, which is how the AG has historically referenced the value of these settlements on their enforcement page list. (For example the Spokane County Democratic Party – referencing “$50,000” owed rather than “$85,300” , Teresa Purcell – referencing “$16,000” rather than “$22,395”, the Pierce County Democrats, etc).
In the end, the Spokane County Democratic Party still must pay their fines. Jim CastroLang learned that violating the law is no big deal, provided you are an insider. The WEA and other unions have kicked in the cash to the Spokane County Democratic Party to pay this fine, and while it was annoying for them to deal with the distraction, they can always blame this author and generally get the local media to go along with their story (see article here, and here).
It is troubling to realize how openly political insiders can violate the law and get away with little more than a wrist slap in Washington State. This would be problematic enough by itself, and if everyone got wrist slaps we couldn’t say too much. However, it is far more disturbing to realize that the rule of law is applied radically different based on the political affiliation of the target violator. Insider political kid glove treatment is not new in Olympia. However, when contrasted with the radical and obsessive destruction of Bob Ferguson’s political enemies abusing his position as AG, we are entering an era when the application of the rule of law becomes so arbitrary and capricious as to be unrecognizable as the rule of law any longer. This is not okay or healthy for our community or our future.
OUR CONSTITUTION BEGINS WITH THE PHRASE “WE THE PEOPLE.” IT WAS THE FOUNDER’S INTENT THAT GOVERNMENT BE CREATED BY THE PEOPLE, TO SERVE THE PEOPLE. IT WASN’T THEIR INTENTION FOR THE PEOPLE TO SERVE THE GOVERNMENT. IT WAS ALWAYS INTENDED THAT GOVERNMENT WHICH FAILED TO SERVE THE PEOPLE SHOULD BE “ALTERED OR ABOLISHED.” UNTIL WE RETURN TO THE FOUNDER’S INTENT, WE REMAIN WE THE GOVERNED…
Additional AG settlements initiated by complaints filed by this author:
- King County Democratic Party – Story linked here. Original Citizen Action Notice filed by author based on ignored PDC complaint from 2016. AG filed lawsuit May 12, 2017 – Thurston County Case #17-2-02836-34 linked here. Author files additional PDC complaints linked here and here. AG amends lawsuit June 8, 2018 to include additional violations identified by this author (linked here). Final settlement signd June 29, 2018 (linked here). Settlement completed just before July 4, 2018. No 3rd Party Subponeas. No press release upon settlement. Total settlement of $36,797. Total fine of $24,055 with $12,027.50 suspended 4 years. Friendly payment plan spread over 4 years. Another $12,742 in court,legal, investigative costs.
- Thurston County Democratic Party – Story linked here. Original PDC complaint filed by author January 3, 2017 linked here. March 6, 2017 – AG files lawsuit – Thurston County Case #17-2-00972-34 linked here. Author files additional PDC complaints linked here, here, here, here, and here. AG amends lawsuit May 8, 2018 to include additional violations identified by this author (linked here). Final settlement signed June 15, 2018 (linked here). No 3rd Party Subponeas. No press release upon settlement. Total settlement of $27,426. Total fine of $16,686, with half suspended for 4 years. Friendly payment plan spread over years. Another $10,740 in court,legal, investigative costs.
- Pierce County Democratic Party – Story linked here. Original PDC complaint filed by author May 18, 2017 linked here. AG files lawsuit – Thurston County Case #17-2-04616-34 linked here. Final settlement signed October 27, 2017 (linked here). No 3rd Party Subponeas. No press release upon settlement. Total settlement of $38,520. Total fine of $31,780, with half suspended for 4 years. First ever – friendly payment plan spread over years. Another $6,740 in court, legal, investigative costs. Note – former PDC Director Evelyn Lopez was legal counsel for Pierce County Democratic Party.
- Kittitas County Democratic Party – Story linked here. Original PDC Complaints filed by author May 7, 2017 linked here and on September 29, 2017 linked here. AG files lawsuit on July 14, 2017 – Thurston County Case #17-2-04103-34 linked here. The second complaint filed by this author forced the AG to amend the lawsuit to add additional violations (see AG letter here). Final settlement was signed February 26, 2018 (linked here). No 3rd Party Subpponeas. No press release upon settlement (although they did issue a friendly Tweet on March 5, 2018). Total settlement of $28,182. Total fine of $15,825, with half suspended for 6 years. Forced to remit $5,217 directly to the State Treasurer (due to illegal anonymous sources). $6,740 in court, legal, investigative costs. Note – due to previous history of violating campaign finance laws (see previous PDC fine), they were already on probation, so they had to pay the remainder of a $400 fine as an additional consequence.
- San Juan County Democratic Party – Story linked here. Original PDC complaint filed by author April 26, 2017 linked here. AG filed lawsuit on June 28, 2017 – Thurston County Case #17-2-03876-34 linked here. Final settlement was signed April 19, 2018 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement of $13,105. Total fine of $8220, with half suspended for 4 years. $4885 in court, legal, investigative costs.
- Eastside Democratic Dinner Committee – Story linked here. Orginal PDC complaint filed by author April 21, 2017 linked here. AG filed lawsuit on June 19, 2017 – King County Case #17-2-15750-3 SEA linked here. Final settlement was signed March 6, 2018 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement of $6,925. Total fine of $2,785, with half suspended for 4 years. $4,140 in court, legal, investigative costs.
- Washington & North Idaho District Council Laborers PAC – Story linked here. Original PDC complaint filed by this author May 22, 2017 linked here. AG filed lawsuit on August 1, 2017 – Thurston County Case #17-0-04408-34 linked here. Final settlement was signed September 22, 2017 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement of $36,310. Total fine of $30,695, with half suspended for 4 years. $5,615 in court, legal, investigative costs. Note – shortly after this settlement, the author found additional violations of the campaign finance laws (see link), but the PDC gave them a free pass as the PAC decided to dissolve (see final letter here).
- Democratic Party candidate for 19th LD state house seat Teresa Purcell. See story linked here. Original PDC complaints filed by this author October 13, 2016 linked here. AG files lawsuit on December 19, 2016 – Thurston County Case #16-2-04959-34 linked here. This author filed additional follow-up complaints linked here, here, here, and here . These led to additional violations being added to the final lawsuit, which was amended by the AG (see final amended lawsuit linked here). Final settlement was signed May 25, 2018 linked here. No 3rd Party Subponeas. One friendly press release, which allowed Purcell a nice quote, which is highly irregular. Total settlement of $22,395. Total fine of $18,395, with $8k suspended for 4 years. $4,000 in court, legal, and investigative costs (which is exceptionally low considering the motion practice on this case). Note – Teresa Purcell’s nephew is the solicitor general in the AG’s office, although everyone claims this didn’t influence Purcell’s treatment in this case.
- Democratic Party Speaker of the House Frank Chopp (43rd LD). See story linked here and here. Original PDC complaint was filed by this author on December 28, 2016 linked here. The AG filed the lawsuit on February 24, 2017 Thurston County Case #17-2-00847-34 linked here. Final settlement was signed March 14, 2017 linked here. No 3rd Party Subponeas. There was a press release linked here. Total settlement of $6,880 (not including the $1200 in illegal personal expenses he had to reimburse his campaign). Total fine of $3,480 with half suspended for 4 years. $4,729.78 in court, legal, and investigative costs.
- Democratic State Senator Sam Hunt (22nd LD). See story linked here
and here . Original PDC complaint was filed by this author on October 22, 2016 linked here. Additional complaints were filed by this author against Hunter (linked here and here). The AG filed the lawsuit on February 24, 2017 Thurston County Case #17-2-00849-34 linked here. Final settlement was signed July 14, 2017 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement of $6,475. Total fine of $2,735, with half suspended for 4 years. $3,740 in court, legal, and investigative costs. Note – Senator Hunt was one of this author’s original inspirations for learning about campaign finance laws when he wrote this letter to the PDC telling them (accurately) that I was ignorant about the campaign finance laws. - Democrat State Represenative Jeff Morris (40th LD). See story linked here. Original PDC complaint was filed by this author on January 26, 2017 linked here. The AG filed the lawsuit on April 10, 2017 Thurston County Case #17-2-02224-34 linked here. Final settlement was signed on November 20, 2017 linked here. No 3rd Party subponeas. No Press Release upon settlement. Total settlement of $1,130. A micro fine of $170. $960 in court, legal, and investigative costs.
- Democrat State Rep Strom Peterson (21st LD). See story linked here. Original PDC complaint filed by this author on February 7, 2017 linked here. AG filed lawsuit on April 10, 2017 Thurston County Case #17-2-02223-34 linked here. AG settled lawsuit on August 15, 2017 linked here. No 3rd Party subponeas. No Press Release upon settlement. Total settlement of $11,950. A fine of $8,710 with half suspended for 4 years. $3,240 in court, legal, and investigative costs.
- Former Department of Ecology Director, and Former Chief of Staff Jay Manning. See story linked here, and here, and here (additional campaign finance violation settlement for a PAC he managed on behalf of cult leader JZ Knight). Original PDC complaint filed by this author on December 8, 2016 linked here. The AG filed lawsuit on February 3, 2017 Thurston County Case #17-2-00373-34 linked here. AG settled lawsuit on February 13, 2017 linked here. No 3rd Party subponeas. Press release issued lumping his settlement with another one linked here. Total settlement of $6,385. A fine of $3,145 with half suspended for 4 years. $3,240 in court, legal, and investigative costs.
- Democrat candidate for state legislature in 40th LD Sharlaine LaClair. Original PDC complaint filed by this author on February 7, 2017 linked here. The AG filed lawsuit on April 10, 2017 Thurston County Case #17-2-2222-34 linked here. The AG settled lawsuit on April 6, 2018 linked here. No 3rd Party subponeas. No press release upon settlement. Total settlement of $2500. A fine of $2500 with half suspended for 4 years. No court costs.
- Democrat candidate for Thurston County Commission Jim Cooper. See story linked here. Also story linked here. Original PDC Complaint filed by this author on October 17, 2016 linked here. Original warning letter from PDC linked here. The AG filed lawsuit on December 19, 2016 Thurston County Case #16-2-04960-34 linked here. This author assisted the AG with additional PDC complaints pointing out additional violations linked here, here, here, and here. The AG settled lawsuit on June 15, 2018 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement costs of $1,125. Fine only with no court or legal costs imposed.
- Democrat candidate for Thurston County Commission Kelsey Hulse. See story linked here. Original PDC Complaint filed by this author on October 18, 2016 linked here. AG files lawsuit on February 24, 2017 Thurston County Case #17-2-00848-34 linked here. The AG settled lawsuit on March 2, 2017 linked here. No 3rd Party Subponeas. No press release upon settlement. Total settlement costs of $2,920. A fine of $1,030, with half suspended for 4 yrears. $1,890 in court, legal and investigative costs imposed.
Background Articles and Documents:
Spokesman Review – “Spokane County Democrats will pay $47,300 for campaign finance violations”
Seattle Times – “Spokane County Demcrats to pay campaign fianance violation fine”
WTG – “For Spokane Democrats and allied PACs – a financial reckoning for lawbreaking”
Spokesman Review – Oct 31, 2017 – “PAC fueled by Spokane firefighters’ money should clean up or get out of local politics” (Shawn Vestal)
Original PDC Complaint (Case#9059) filed against Spokane for Honest Government PAC
PDC notice of administrative charges against Spokane for Honest Government PAC (Case #9059)
PDC final order charging Spokane for Honest Government PAC $10,000 ($3k suspended)
Lawsuit filed against Spokane County Democrats and Two Committee officers linked here
February 13, 2017 – SCDCC minutes – promise of Drumheller reimbursement
January 14, 2017 – SCDCC minutes – promise of Drumheller reimbursement, etc
Inlander – April 13, 2017 – “Dems in Disarray”
Spokane Democrats take kid’s cash for secret salary and epic parties
Redoubt News – CastroLang and Spokane Dems violated Campaign Finance Laws?
Original Complaint filed against the SCDCC – March 16, 2017
Jim CastroLang sermon – “The Devil Made me do it” Feb 14, 2016
Flashback – New York Times – Racial Slur Causes political turmoil for Democrats in Northwest
Washington State Attorney General’s list of campaign finance settlements
Thanksgiving spirit – bringing Democrats and Republicans together in King County
The Scorched wasteland of Washington State’s campaign finance laws
AG Attorney complains suing Democrat lawbreakers “unfair”, quits to sue Republicans
The Chaos of Campaign Finance Compliance and the Disarray of the Dems
Good job Mr. Morgan.
At least we have someone looking out for “We The People” here in this state.
It is worth knowing what is happening in our communities. The traditional media has largely tried to ignore these stories, and it seems likely they will continue to do so…
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