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Ken Paxton

How Ken Paxton Expanded His Anti-Abortion Crusade Far Beyond Texas

Early in his tenure as Texas attorney general, Ken Paxton issued a statement commemorating what he believed was a national tragedy.

“It’s impossible to fill the void of more than 50 million missing human beings,” he said in 2016. He was marking the 43rd anniversary of Roe v. Wade, the Supreme Court ruling that protected abortion rights — and had long stood in the way of efforts to ban terminations in early pregnancy, when most abortions occur.

Paxton spent the years that followed testing Roe’s limits and ultimately prevailed where others had failed: In 2021, he defended a near-total abortion ban that Texas legislators had designed to evade conventional legal challenges. The U.S. Supreme Court allowed it to take effect while Roe remained in force.

After the justices overturned Roe the following year, Paxton kept pushing, pursuing new ways to extend the reach of Texas’ restrictions. He prevailed against the Biden administration, picked fights with states that protect abortion access and pioneered strategies that his peers later adopted or expanded.

While Paxton’s tenure as attorney general has drawn criticism from across the political spectrum for his personal scandals and alleged misuse of the office, detractors and allies alike agree that his signal achievement as the state’s top legal official has been advancing restrictions on abortion.

A close look at his record shows a clear pattern in his successes: He relentlessly tests the limits of the law and employs novel legal strategies to advance his goals.

Paxton’s national role as an anti-abortion warrior would change if he wins his U.S. Senate race. As Texas attorney general, he has been able to act largely on his own authority. If he prevails in November, he would become one of 100 senators in a chamber where most legislation needs 60 votes to overcome a filibuster.

But allies who have witnessed his victories see an opening.

“He’ll have the ability to use some of the laws that he’s defended in Texas as influence to draft legislation in the U.S. Senate,” said Mary Elizabeth Castle, director of government relations at Texas Values, a Christian advocacy group that supports a national abortion ban.

Legal experts and advocates on both sides expect he could join colleagues who are pressuring the Food and Drug Administration to revoke its approval of the abortion drug mifepristone.

Anti-abortion activists at the state and federal level are also trying to secure legal rights for fetuses, which could have implications for reproductive care like birth control and in vitro fertilization. Paxton, who has called himself a strong supporter of IVF, recently said he was open to restrictions intended to prevent the loss of fertilized eggs.

His litigation has also raised questions that experts expect the Supreme Court to confront, including whether a federal law, which mandates hospitals provide stabilizing care to patients having an emergency, overrides state abortion bans; whether to treat a fetus as a separate patient that has its own emergency care rights; and how far states can go in pursuing out-of-state doctors who prescribe abortion medication to patients in states where it’s banned.

During the current race, abortion has played a far smaller role than questions about Paxton’s ethics. His Democratic opponent, James Talarico, has said that he supports restoring a federal right to abortion and that his Christian faith calls for an end to “extreme” laws that Paxton has defended and that have forced women to flee the state for emergency abortion care.

Lately, Paxton has said little about abortion — an issue on which he has defended restrictions more stringent than many Texans say they want.

But those who have watched Paxton extend the reach of Texas law beyond its borders are paying close attention to his Senate bid.

Dr. Jennifer Villavicencio, an abortion provider, said she has felt compelled to move her family twice to states with strong laws shielding doctors from out-of-state litigation, partly out of concern that Paxton is creating a blueprint for targeting providers like her.

“It’s very disheartening and scary to think that it’s maybe coming to the U.S. Senate,” she said.

Paxton successfully defended a near-total abortion ban before Roe v. Wade was struck down.

When Paxton became Texas attorney general in 2015, there was no ambiguity about where he stood on abortion.

Raised by an anti-abortion activist, he married his sweetheart from a Christian college, who spoke proudly about the fact that she was adopted, saying her birth mother “chose life.” She campaigned for Paxton, but he had his own bona fides. A law he’d co-sponsored as a state senator banned almost all abortions after 20 weeks.

Similar 20-week bans had taken root across the country as decades of court rulings chipped away at Roe, but no state had managed to enforce a ban as early as six weeks. More than a dozen tried, passing laws that prohibited abortion when cardiac activity could be detected. One after another, they were blocked by judges.

Then, in 2021, a Texas lawyer named Jonathan Mitchell worked with legislators to craft a law that would withstand similar challenges. Instead of having state officials enforce their “heartbeat law,” the new act, referred to as Senate Bill 8, allowed citizens to sue physicians they suspected were providing abortions. The law offered up to $10,000 if they won.

When abortion providers and President Joe Biden’s administration separately challenged the law in federal court, Paxton’s office argued that state officials couldn’t be ordered to stop enforcing it because they had no power to do so in the first place. Only private citizens could.

“Because the executive officials are expressly prohibited from enforcing SB 8,” his office wrote to the Supreme Court, “there is nothing for a federal court to enjoin.”

The Supreme Court agreed that Paxton couldn’t be sued because “the petitioners have not identified any enforcement authority the attorney general possesses in connection with S. B. 8 that a federal court might enjoin him from exercising.”

The law remained in effect, becoming the first enforceable six-week ban under Roe.

Legislators in Idaho and Oklahoma subsequently passed similar laws.

For Dr. Sam Dickman, who worked at a San Antonio Planned Parenthood, the implications were clear: “I was going to need to either entirely change the type of medicine I was providing or leave the state,” he said. He opted for the latter, moving to Montana, where abortion is legal until viability, or roughly 24 weeks.

Days after the Texas ban took effect, Josseli Barnica arrived at a Houston hospital in the midst of a miscarriage. She was 17 weeks pregnant and her fetus’s head was pressed up against her dilated cervix. Because the situation put her at high risk of developing an infection, medical experts said doctors should have offered to speed up delivery or empty her uterus; the fetus was not viable, and losing the pregnancy was inevitable.

But the fetus’s heart was still beating.

Barnica relayed to her husband what she said her medical providers had told her: “They had to wait until there was no heartbeat,” he told ProPublica in Spanish. “It would be a crime to give her an abortion.”

For 40 hours, Barnica waited, her uterus exposed to bacteria.

She died days later of sepsis. Medical experts told ProPublica her doctors did not follow the proper standard of care and that Barnica’s death was preventable.

In a statement, HCA Healthcare, the hospital chain that treated her, said “our responsibility is to be in compliance with applicable state and federal laws and regulations” and said that physicians exercise their independent judgment.

Paxton blocked federal guidance for emergency abortion care, doing harm far beyond Texas

When the Supreme Court overturned the constitutional right to abortion on June 24, 2022, Paxton dismissed his staff at noon to celebrate. He would later designate the date as a paid office holiday, Sanctity of Life Day.

The Texas Legislature had prepared for the occasion, passing a law that went into effect shortly after the overturning of Roe. The ban threatened doctors with up to 99 years in prison if they performed an abortion. But soon came what Paxton framed as a federal attempt to thwart the state law.

The Biden administration issued a memo to doctors in states with abortion bans saying that a federal emergency care law protected their medical judgment, “regardless of the restrictions in the state.”

The federal Health and Human Services secretary at the time said doctors had an obligation to follow the Emergency Medical Treatment and Active Labor Act, better known as EMTALA. The law requires hospitals that accept federal funding to screen and stabilize every patient who arrives.

For those with complications such as severe preeclampsia, a potentially fatal, pregnancy-related blood pressure disorder, stabilizing a patient might require performing an abortion, even if the state forbids it, the guidance said. “The physician must provide that treatment,” it said, bolding the word “must.”

Paxton sued, accusing the administration of an attempt to use federal law “to transform every emergency room in the country into a walk-in abortion clinic.”

He argued EMTALA was created to make sure hospitals didn’t dump uninsured patients back on the street without treatment, not to override state laws. He took the argument a step further, suggesting that under EMTALA, doctors might need to consider “the life of the unborn child.”

The argument was novel, six legal experts told ProPublica.

“He’s basically suing the federal government to protect Texas’ right to force pregnant women to not get abortions, even when their health is threatened,” said Greer Donley, a law professor at the University of Pittsburgh. “I remember thinking, ‘Wow, that’s radical.’”

Medical groups warned patients would die.

But a federal judge sided with Paxton that August, and the 5th U.S. Circuit Court of Appeals affirmed the decision in January 2024.

The ruling did more than keep the administration from enforcing its EMTALA interpretation in Texas.

It barred the federal government from pursuing cases against members of two anti-abortion medical organizations that had joined Paxton’s suit as plaintiffs, the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical & Dental Associations. This effectively exempted them from having to follow the federal guidance, regardless of where they worked.

It also served as immediate litigation fodder for another state fighting to enforce its own abortion ban.

Idaho had not had the same success in court as Texas. After the Biden administration sued, arguing the state’s ban conflicted with EMTALA, Idaho lost in lower and appellate courts, leaving its ban effectively frozen in emergency cases, with doctors instructed to follow the federal guidance.

But Paxton’s 5th Circuit win on Jan. 2, 2024, gave Idaho’s ban a lifeline. The ruling conflicted with the 9th Circuit’s decision in Idaho, creating the kind of disagreement between federal appeals courts that the Supreme Court often steps in to resolve.

The following day, attorneys representing Idaho asked the high court to do just that, saying Paxton’s success showed they were “likely to prevail.” In the meantime, they asked the court to unfreeze the ban.

On Jan. 5, the Supreme Court allowed Idaho to fully enforce its ban while the case proceeded.

Emergency doctors began hesitating over when they could legally provide abortions, Dr. Jim Souza, chief physician at St. Luke’s Health System, said on a press call at the time, according to NPR. “Is she septic enough for me to do this abortion and not risk going to jail and losing my license?”

In the three months that followed, St. Luke’s, the state’s largest hospital system, said it had to airlift six patients out of the state for abortions.

In Texas, ProPublica has documented the consequences for women experiencing pregnancy emergencies.

When Tierra Walker sought care later that year in San Antonio, she developed preeclampsia and ultimately died from it, ProPublica previously reported. None of the 90 physicians involved in her care offered her the option of terminating her pregnancy, even after she asked if doing so might keep her safe.

Her family sued Paxton in September, along with state medical officials and several healthcare providers, alleging that Texas’ abortion restrictions and the care Walker received led to her death. Paxton has not responded to the suit and did not respond to a request seeking comment.

ProPublica has identified at least two other pregnant Texas women who died without what experts said was appropriate emergency care. Paxton has not publicly commented on any of their deaths and did not respond to ProPublica’s questions about them. Our analysis also found worsening outcomes across the state for patients experiencing pregnancy complications.

The reach of Paxton’s legal victory may not end there.

The Supreme Court still hasn’t resolved the conflict between the circuit rulings. It declined to do so in the Idaho case, and after President Donald Trump took office, his administration dropped the suit and rescinded the EMTALA guidance.

But legal experts told ProPublica the Supreme Court has yet to resolve core questions that Paxton’s litigation raised: whether EMTALA preempts state abortion laws and whether a fetus also has a right to emergency treatment that could conflict with the mother’s interests in cases where her health is at risk.

To guard against future rulings, a reproductive rights advocacy group called All* Above All is pushing state-level legislation to safeguard emergency care. “We’re seeing the chaos right now and the confusion,” said its president, Nourbese Flint.

Paxton tested expansive new ways to pursue abortion providers. Other states are following his lead.

On December 7, 2023, a state judge in Austin issued a ruling that Paxton immediately moved to stop.

A 31-year-old mother named Kate Cox wanted permission to get an abortion. She was 20 weeks pregnant and carrying a fetus diagnosed with trisomy 18, a genetic condition that kills the vast majority of babies born with it.

Texas doesn’t allow abortions for fatal fetal anomalies, but Cox’s doctor argued that if she was forced to give birth, it could imperil her ability to get pregnant again. It was also medically risky: Cox had already had two children by cesarean section, and the chances of complications increase with each procedure.

The day a Travis County district court judge granted her request, Paxton took a step legal experts told ProPublica they had not seen another state attorney general take:

He sent letters to three hospitals where Cox’s doctor had admitting privileges, threatening legal action if the doctor performed the abortion a judge said she could have. The court order, he wrote, did not insulate hospitals, doctors, or anyone else from civil and criminal liability for violating Texas’ abortion laws.

At the same time, he appealed the case to the Texas Supreme Court, saying that Cox did not face the kind of threat to her life that fell under the law’s exception. If legislators had wanted to write an exception for fatal fetal anomalies, he said, they would have done so.

“The Texas Legislature did not intend for courts to become revolving doors of permission slips to obtain abortions,” he said.

The Texas Supreme Court agreed with Paxton and reversed the lower court’s ruling. By that time, Cox had sought an abortion out of state.

“It was incredibly scary,” Cox told ProPublica. “We saw in my case that Texas will go after doctors.”

Paxton was also the first — and, so far, the only — attorney general to criminally prosecute a provider in his state for violating an abortion ban.

According to court documents, investigators got an anonymous tip alleging that abortions were being performed at a medical clinic that catered to low-income, Spanish-speaking patients, managed by Maria Rojas, a licensed midwife.

Rojas was arrested and charged with practicing medicine without a license and violating the state’s abortion ban. Paxton also moved to temporarily shut down the clinic and others she ran while the case progressed through court. Months after her arrest, Paxton announced he had arrested and indicted eight other clinic staffers for practicing medicine without a license.

Rojas has pleaded not guilty to the charges. Her attorneys have accused Paxton’s office of a shoddy investigation and argued that at least one case prosecutors were treating as an abortion was actually the management of a patient’s miscarriage.

A trial has not yet been scheduled, but an appeals court this summer overturned the order shuttering the clinics, finding the state had not presented sufficient admissible evidence to justify a temporary injunction. Paxton said he is appealing the ruling. The court did not rule on whether Rojas had actually performed illegal abortions.

Paxton has not stopped at the state border in his pursuit of doctors.

In December 2024, he sued Dr. Margaret Carpenter, a New York-based physician, accusing her of violating multiple Texas laws when she treated a patient via telehealth who lived in Plano, a suburb north of Dallas, and prescribed her abortion medication.

Because the patient was based in Texas, he argued, Carpenter was subject to laws there that banned abortion and required a license to practice in the state.

Carpenter didn’t respond to the suit, so Paxton won by default. But Texas was unable to collect on more than $100,000 in civil fines and court fees that resulted; a New York county clerk refused to register the judgment, invoking a “shield law” that protects providers of abortion care that is legal in New York from certain out-of-state investigations, prosecutions and judgments. At least 22 states have passed shield laws since Roe was overturned, and New York’s is among the strongest. Carpenter did not respond to a request seeking comment and has not publicly responded to the case.

A New York judge dismissed Paxton’s case seeking to enforce the judgment, but Paxton didn’t give up, filing two more civil suits this year against practitioners and organizations in Delaware and California that mail abortion medication to Texas.

Three other state attorneys general have now expanded on the strategy. Last month, Louisiana Attorney General Liz Murrill — who brought criminal charges against Carpenter after Paxton sued her (and has faced similar obstacles in New York) — joined the attorneys general of Arkansas and Alabama in filing a sweeping federal civil suit against out-of-state providers of abortion pills. The case names some of the same providers Paxton pursued; they have challenged the suits. The three attorneys general filed a separate action directly with the Supreme Court asking it to strike down shield laws in New York, Massachusetts and California.

Paxton has moved beyond doctors to target other entities that help patients obtain abortions. Mary Ziegler, an abortion historian and professor of law at University of California, Davis, called him “an innovator in terms of broadening the network of people who were seen as culprits or aiders or abettors.”

He sent cease-and-desist letters to organizations that ship abortion medication into Texas; the attorney general of Alabama subsequently used similar tactics. And Paxton sued cities in his state to stop them from disbursing funds to help women travel for abortions — a move the Legislature followed with a law banning such funding.

Following his legal victory against the city of San Antonio early this year, in which it was forced to end the $100,000 program, Paxton made a vow:

“I will always do everything in my power to prevent radicals from manipulating the system to murder innocent babies.”

Reprinted with permission from ProPublica

Why Nation's Pediatricians Want To Ban RFK Jr's Favorite Beverage

Why Nation's Pediatricians Want To Ban RFK Jr's Favorite Beverage

The nation’s largest professional group of pediatricians has renewed its call for a nationwide ban on the sale and distribution of unpasteurized milk and other raw dairy products, according to a policy statement it published earlier this week.

The revised guidance from the American Academy of Pediatrics warns of the serious health risks from consuming raw dairy products, particularly for children, as well as pregnant and immunocompromised people.

“More and more people are discussing this as a potentially healthful thing to do, when in fact it’s a highly risky thing to do,” said the academy’s president, Dr. Andrew Racine. “So our responsibility, as the leading voice of pediatric healthcare in the United States that’s dedicated to the health and well-being of children, is to make sure that the accurate, evidence-based information is out there.”

The revised statement follows ProPublica reporting that dived deep into the causes and severe consequences of America’s current fascination with raw milk, which has not been heated to kill off harmful bacteria. Once limited to the fringes of health-food culture, unpasteurized milk has morphed into a widespread movement rooted in wellness trends and institutional distrust. Today, more than 10 million Americans drink it.

Most scientists and health experts agree that raw milk has no significant, proven nutritional benefits over its pasteurized counterpart and that it cannot treat or cure any disease. It also subjects its consumers to over 100 times the risk of foodborne illness, which can be especially dangerous for young children. Before milk pasteurization was widely adopted a century ago, thousands of children died each year from diseases linked to contaminated dairy.

As it has grown in popularity in recent years, raw dairy products have contributed to numerous outbreaks of pathogenic diseases, such as salmonella and E. coli. Over the past two years, nine states have experienced outbreaks that regulators have linked to raw dairy. Just last month, federal regulators linked an E. coli outbreak to unpasteurized cheese. Thirteen people fell ill, more than half of whom were young children.

As illnesses have surged, high-level lawmakers and government officials, including Health Secretary Robert F. Kennedy Jr., have championed the industry instead of curbing it. In his federal role, Kennedy said he was “advocating” for raw milk and celebrated the release of a report to Make America Healthy Again with a toast of raw-milk shooters in the White House. The health department did not respond to ProPublica’s questions about the new professional guidance or the pediatric group’s call for a ban on raw milk sales.

Rep. Rosa DeLauro, a Connecticut Democrat who chairs the Congressional Food Safety Caucus, told ProPublica that she is taking the guidance of the academy “very seriously.”

“They see firsthand what these illnesses can do to children,” she said in an emailed statement. “Right now, Secretary of Health and Human Services RFK Jr. cannot even bring himself to tell parents not to give it to their kids.”

DeLauro said she was “supportive of any policy that reduces risk of exposure to harmful foods,” including putting warning labels on raw-milk products and maintaining adequate funding for outbreak prevention and tracking.

Federal law restricts the sale of raw milk across state lines, but states can decide how it can be sold within their boundaries. In recent years, proponents have fought to increase access to raw milk within states, often opposing efforts to limit its sales. People can legally purchase raw milk in all but a handful of states, either directly from a store or from a farmer, or even as “pet food.”

Last week, ProPublica detailed the case of two girls severely sickened last year after consuming raw goat milk from an unregulated farm in southern California. The state, which is teeming with black-market dairies, did little to punish the farmer who sold the families the milk. It allowed her to provide her own sample for testing, weeks after the outbreak began, and did not independently sample her grounds for traces of the pathogen, as state investigators have done in other cases. (The farmer told ProPublica that her milk, which tested negative for pathogens, did not cause the outbreak and claimed the families had knowingly bought milk that was not for human consumption, which they deny.)

The mother of one of the girls, a toddler who nearly died, had read about the purported benefits of unpasteurized milk on a site for the Raw Milk Institute, a nonprofit founded by Mark McAfee, one of the nation’s most prolific sellers. In a profile of the California farmer, ProPublica chronicled how social media influencers have amplified his claims and helped him build what is now a $30 million-a-year business even as regulators have linked it to more than a dozen recalls and outbreaks that have sickened hundreds. (McAfee previously defended the claims made on the institute’s website and maintained to ProPublica that raw milk still has therapeutic benefits.)

Members of the academy said they read and circulated ProPublica’s reporting as they drafted their statement.

“This product is being marketed to families as being beneficial for their kids,” said Dr. Adam Ratner, a pediatric infectious disease doctor in New York City and one of the lead authors of the academy’s revised statement. “They don’t see the risks, and unwittingly they end up making a decision that is much more dangerous.”

The academy first published a policy statement on raw milk in 2014, endorsing a nationwide ban on its sale and encouraging its members to reach out to state representatives to advocate for such a restriction. The statement published this week reaffirms this appeal with recent epidemiological evidence. In addition, it cites a growing concern of highly pathogenic avian influenza, which has been shown to contaminate unpasteurized milk.

Racine, the academy’s president, told ProPublica that the policy was also updated on account of “the rise in the discussion about the alleged benefits of raw milk and the fact that more people are experimenting with using it.”

“Prevention really is the best single way to keep children healthy and safe, and this is a preventive move,” he said. “The more that we can disseminate this information to a greater number of people, the healthier we’re going to be able to keep the children of this country.”

Reprinted with permission from ProPublica

Inside Trump’s Elaborate (And Failed) Scheme To Kill Midterm Mail-In Voting

Inside Trump’s Elaborate (And Failed) Scheme To Kill Midterm Mail-In Voting

Earlier this month, the Supreme Court blocked an executive order from President Donald Trump restricting voting by mail in ways that could have thrown the upcoming midterms into chaos. But the White House originally had far more disruptive plans, ProPublica has learned.

According to several people knowledgeable about the discussions, the administration initially floated an idea that would have virtually shut down mail voting: requiring all ballots to be delivered exclusively through certified mail. The proposal — which would have required voters to be home and sign for delivery of their ballots — was ultimately abandoned, after vehement Postal Service objections that it would have been impossible to execute.

Even after the idea fizzled, Postal Service officials were cut out of crucial conversations as the Trump administration moved forward with what became the final executive order, two people familiar with the matter said. Issued in March, its contents came as a shock even to the Postal Service’s lawyers.

Trump’s order would have forced postal workers to serve as gatekeepers, deciding which ballots would be delivered and which wouldn’t. Beyond that, it would have inexplicably handed authority over the plan’s execution to Commerce Secretary Howard Lutnick, who has no formal oversight over the Postal Service.

Inside the Postal Service, which is overseen by a bipartisan Board of Governors, deliberations on whether to comply with the order stretched on for weeks. Some board members found it alarming but feared Trump would respond to a direct challenge by trying to fire them, sources familiar with their concerns told ProPublica. Instead, they remained silent, counting on the courts to block the measure.

“The board was being careful how or when it took action, knowing that it might be its last action,” one source said.

ProPublica previously detailed postal officials’ deep concerns with the Trump order. Now our reporting reveals how the order came to be and who was involved in crafting it, as well as the extent to which the White House tried to dictate how mail-in ballots would be processed.

The White House team leading the mail-in voting discussions included J. Brian Sikma, a special presidential assistant who has been involved in other administration election initiatives, including identifying noncitizen voters for prosecution and seeking to ban voting machines. (Sikma didn’t respond to a request for comment.)

The commerce secretary, Lutnick, served in “an advisory and coordination capacity” in drafting the order, a department spokesperson confirmed to ProPublica.

“President Trump values Secretary Lutnick’s advice on many matters,” the spokesperson said.

In an emailed statement, White House spokesperson Lauren Bis denied the administration had interfered improperly with the Postal Service, an independent agency whose governance structure is specifically designed to protect it from political influence. She said the executive order “added important safeguards to vote-by-mail. These were commonsense measures to protect the security of mail-in ballots and to ensure only Americans vote in American elections.”

Bis also rejected the idea that the certified-mail proposal was “unworkable,” saying this played no part in the administration’s decision “to go in another direction.”

A Postal Service spokesperson declined to comment on the agency’s internal deliberations about the executive order and said it was the Board of Governors’ policy not to discuss them.

He referred ProPublica to an earlier statement by Postmaster General David Steiner that said: “Postal employees take great pride in their responsibility to support the democratic process. We will continue to approach that responsibility with the care, professionalism, and dedication that voters and election officials expect from the United States Postal Service.”

In an interview, Jonathan Smith, president of the American Postal Workers Union, called the Trump administration’s push to revamp mail voting problematic and baseless.

“The ultimate goal was to create chaos and doubt in the vote-by-mail process,” he said. “You’re creating a rule to solve a problem that doesn’t exist.”

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Susan Collins Dismissed Navatek Scandal But Her Response Rings False

Susan Collins Dismissed Navatek Scandal But Her Response Rings False

As the scandal over Susan Collins’ relationship with Hawaii defense contractor Navatek became the central issue in her hotly contested Senate campaign, she and her top aides mustered a defense with a series of incorrect and misleading claims.

On September 22, ProPublica published an investigation into the senior senator from Maine’s relationship with Martin Kao, the former Navatek CEO and a major donor who told law enforcement he exchanged campaign cash for government contracts. His confession came after his guilty plea for campaign finance and loan fraud.

The ProPublica story revealed that the FBI had been circling the senator, her top aides, and a pro-Collins super PAC in recent years, asking questions about their relationship with Navatek. Since returning to office, President Donald Trump fired or pushed out most of the federal agents and lawyers investigating high-profile federal corruption matters, including those working on the Kao case. The dismissals ended the corruption review, which was in its early stages.

After the story published, Collins and her campaign denied any wrongdoing in numerous media appearances. Some of the statements made by Collins and her representatives are not accurate.

Collins: “In 2021, the Biden Justice Department found there was no wrongdoing by anyone on my campaign staff, my office or me.”

Collins: “The Biden-led Justice Department and FBI totally cleared my office, my campaign and me five years ago of these seven-year-old allegations.”

An FBI spokesperson told ProPublica the agency had investigated claims against Collins years ago “and ultimately found nothing implicating Senator Collins or Senator Collins’ campaign.”

But the investigation at the center of ProPublica’s story was based on claims Kao made between 2022 through 2024 — not seven years ago, as Collins states. That investigation did not conclude under President Joe Biden but under Trump, in 2025, after his administration purged the agents and Department of Justice attorneys assigned to the case.

Collins is referring to the FBI’s initial investigation of Kao, which started in 2021. No one in Collins’ orbit was charged as a result of that earlier investigation.

FBI records reviewed by ProPublica show the agency remained interested in the conduct of Collins and her staff right up until the most recent phase of their investigation was shut down under Trump.

The documents show that Kao was still answering agents’ questions as late as September 2024, when he sat for a two-day interview with FBI agents at the U.S. attorney’s office in Honolulu. During that interview, Kao provided them with a 50-page document offering many new allegations about his interactions with elected officials, including Collins.

And in early 2025, FBI agents were still examining Kao’s relationship with Collins, her staffers and employees of the super PAC, ProPublica found.

Annie Clark, deputy chief of staff to Collins: “The FBI and the Court obviously did not believe Kao.”

The judge in Kao’s sentencing ultimately offered him no benefit for his cooperation with federal authorities, sentencing him to 87 months in federal prison. While Kao had credibility issues — as a convicted felon — FBI documents seen by ProPublica show that agents were able to corroborate some of his claims.

“Pursuant to a Grand Jury Subpoena issued to Navatek, related to the previous investigation, hundreds of thousands of documents were provided to the FBI,” agents wrote in a December 2024 document.

“Several emails and other documents corroborate Kao’s statements made to the FBI.”

In addition, people familiar with the investigation told ProPublica that FBI agents found Kao to be credible.

Clark: “ProPublica took the word of someone who pled guilty to five counts of money laundering, three counts of wire fraud, one count of bank fraud, and making false submissions to the FEC.”

ProPublica did not simply take Kao at his word but reviewed a trove of evidence gathered by the FBI. It also examined thousands of pages of legal records and interviewed dozens of people familiar with Navatek, its Washington operations and the FBI inquiry to independently corroborate much of Kao’s account.

For instance, Kao said that Scott Reed, the head of the Collins super PAC, promised to make the senator aware that Kao was the person behind a large, anonymous donation to the super PAC made through a shell company.

We published emails between Reed and Kao showing that Kao told Reed the name of the shell company he was using to anonymize his $150,000 donation. And we included an email from someone working for Reed to a Navatek representative asking for Kao’s number so Collins could thank him for the donation. These are consistent with Kao’s version of events.

Steve Abbott, Collins’ campaign manager, said at a Wednesday press conference, “We have no record of her calling him.” But he added that such a phone call would not be unusual: “We routinely thank people for contributions. … We try to thank everybody.”

Reed did not answer detailed questions about the $150,000 donation but said he didn’t speak to Collins about Kao. He added, “I understand Martin Kao is now sitting in federal prison.”

Reprinted with permission from ProPublica

FBI Launched Corruption Probe Of Susan Collins — Then Trump Got in The Way

FBI Launched Corruption Probe Of Susan Collins — Then Trump Got in The Way

In the final weeks of 2019, a top fundraiser for Sen. Susan Collins walked into a perilous meeting at a Corner Bakery in Washington, D.C.

For the first time in her two-decade Senate career, the Republican lawmaker from Maine was in danger of losing her seat. President Donald Trump’s dismal approval ratings were dragging her down in the polls, and she was falling behind her likely 2020 Democratic challenger in fundraising.

Scott Reed, head of the Collins super PAC, was on a mission to close that gap. Reed was meeting that day with three executives from a Hawaiian defense contractor, Navatek. A year earlier, Collins had helped their company land a multimillion-dollar Navy research contract in Maine. Now, seated at a coffee shop not far from the U.S. Capitol, Reed asked them for a $500,000 donation.

Government contractors are banned from making political contributions. More consequentially, for the company to offer donations to Collins in exchange for an official action, or for Collins to accept, would constitute criminal bribery.

But the company did have such a proposal: Navatek was hungry for more government contracts in Maine. If they cut a big check, the CEO told Reed, Navatek wanted Collins to guarantee tens of millions of dollars in additional federal funding.

To skirt campaign finance laws and conceal the source of the funds, Navatek planned to funnel the donation through a shell company. The CEO wanted assurance that Collins would know where the money came from. Reed confirmed that she would, the executive said — and that Navatek would get its government contracts.

After the Corner Bakery meeting, Navatek’s CEO, Martin Kao, sent an initial $150,000 to the Collins super PAC using the shell company. Two months later, he told Navatek executives that Collins committed to getting the company $32 million in naval contracts, according to an internal company email reviewed by ProPublica.

Three years later, Kao holed up in a conference room to recount the Corner Bakery meeting to a group of four FBI agents and federal prosecutors. The FBI had seen through his shell company ruse, and in 2022 a grand jury indicted him for making illegal campaign contributions. No one working for Collins was charged.

Facing years in prison, Kao hoped to do less time by revealing the entire scheme.

What he told them has never before become public. The Corner Bakery meeting, he asserted, was just one episode in a sprawling pay-to-play operation that embroiled some of the most powerful figures in Congress.

Over three days at the U.S. attorney’s office in Honolulu, Kao laid out in devastating detail how his operation worked. He gave agents a 50-page document naming dozens of lobbyists, congressional staffers and members of Congress who he said helped him trade cash for contracts. Kao and his close associates had donated nearly $900,000 to dozens of politicians, allowing Navatek to establish operations in half a dozen states with over $40 million a year in government funding.

Most damningly, Kao told FBI agents and prosecutors, the company’s work for the government was of no real value. Navatek’s research under his stewardship never resulted in products the military wanted to buy, ProPublica found.

Kao’s tell-all interviews with the FBI lasted into late 2024. His confessions opened up an entirely new phase of the investigation. Agents sifted through hundreds of thousands of records seized during Kao’s arrest and found that many were consistent with his account of widespread influence peddling.

Kao had credibility issues. He was now a felon trying to avoid a lengthy prison sentence. And there were other challenges. Building a corruption case against elected officials requires extraordinary proof of a quid pro quo arrangement, in part because the Supreme Court has narrowed what counts as bribery.

Even so, by the end of 2024, the agents had enough evidence to pursue a sweeping bribery probe that could ensnare top lawmakers of both political parties. They asked their supervisors to approve a new investigation and contemplated using undercover operatives to gather more evidence. Although their effort was in its early stages, and it was unclear where it would lead, FBI agents asked Kao extensive questions about his dealings with Collins and her office.

Then Trump returned to the White House. Consumed by a campaign of vengeance, he stacked the Department of Justice with his personal lawyers and demanded a purge of anyone who had ever investigated him.

The specialized FBI and DOJ teams handling public corruption investigations, some of which were involved in Trump-related cases, were eviscerated. One of the agents who had taken Kao’s confession was pushed out as retribution for her role in investigating Trump’s attempt to overturn the 2020 election. Dozens of agents and prosecutors quit amid the department’s destruction, including the career attorney assigned to Kao’s case.

Trump’s Justice Department no longer takes on public corruption in any meaningful fashion, former officials said. The investigation sparked by Kao’s revelations is dead. And the government is no longer talking to an informant who had offered a road map to corruption in Congress.

The White House referred ProPublica to the FBI.

FBI spokesperson Ben Williamson said the agency had investigated claims against Collins years ago “and ultimately found nothing implicating Senator Collins or Senator Collins’ campaign. Any suggestion otherwise is totally false.” Williamson said the Trump administration has removed agents only “if they have been found to have acted unethically, undermined the mission, or engaged in weaponization of law enforcement.”

Williamson did not respond to questions about the new investigation launched in 2024 based on Kao’s previously unreported cooperation with the FBI.

ProPublica is revealing the existence of the case for the first time. We reviewed a trove of evidence gathered by the FBI and thousands of pages of legal records, and interviewed dozens of people familiar with Navatek, its Washington operations, and the FBI inquiry to conduct our own investigation. We independently corroborated much of Kao’s account. Whether or not Kao’s dealings with politicians amount to criminal bribery, the Trump Justice Department has little interest in finding out, and his sheer success reveals how easily influence is purchased in Washington today. This is the first in a series of stories drawn from our reporting.

Of all the politicians Navatek courted under Kao’s leadership, Collins was its most important patron. The senator’s office steered government contracts worth millions toward the company while her campaign was pumping Kao and his network for donations, according to emails seen by ProPublica. Sometimes they cut checks within 24 hours of the annual defense spending bill, which funds military contracts, clearing a key Senate hurdle.

Collins’ office did not specifically address questions about the Corner Bakery meeting, the senator’s relationship with Kao, and the millions she helped appropriate for Navatek.

Annie Clark, Collins’ deputy chief of staff, told ProPublica in an email that Collins’ office “vigorously” denies allegations of bribery and pay-for-play made by Kao, calling his claims “outlandish.” Collins’ campaign was not part of the discussions between Kao and the super PAC, and her office “fully cooperated” with the FBI investigation, Clark said.

“The fact that the FBI and Biden-led Department of Justice thoroughly examined the Navatek matter demonstrates this,” Clark wrote. “These issues were resolved in 2021 and concluded when the Collins campaign disgorged the illegal contributions that Martin Kao had made without our knowledge.”

Collins is once again fighting to keep her seat, in a race that could determine control of the Senate. On the campaign trail, she spotlights the funding she directs to Maine while leading the appropriations committee, which she calls “the most powerful committee in the Senate.”

She demonstrated that power with Navatek. After the budgets became law, Collins’ office pushed the Navy to award specific contracts to Navatek, emails seen by ProPublica show, even though awards are supposed to be competitive.

“I spoke with Sen. Collins office regarding the $8M,” a naval official wrote in an email on Feb. 6, 2019. “The interested company is Navatek.”

In a meeting with Collins and two campaign officials, Kao said, the officials told him the senator expected his ongoing support. Collins told him: “You’ve seen me deliver,” Kao said.

Reed knew Kao was behind the $150,000 anonymous donation, emails showed, because Kao told Reed he planned to donate through a shell company. “Very smart,” Reed replied in an email viewed by ProPublica.

Reed did not respond to detailed questions about the Corner Bakery meeting, the $150,000 donation and Kao’s allegations. “I understand Martin Kao is now sitting in federal prison,” Reed wrote in a brief email. “I never had any communications with Senator Collins [or] her staff about Martin Kao and/or Navatek.”

But an email seen by ProPublica suggests that someone must have relayed the news of Kao’s donation to Collins, just like Reed promised to do in Kao’s recounting of the Corner Bakery meeting.

Seven days after the super PAC cashed the check from Kao’s shell company, one of Reed’s subordinates emailed a Navatek lobbyist asking for Kao’s phone number: “Senator Collins would like to call Martin to thank him.”

The Navatek Method

Before Kao’s doomed reign as CEO, Navatek was a sleepy Hawaiian engineering company with a few dozen employees. It was founded in 1978 by Steven Loui, a talented engineer and scion of a powerful Hawaiian shipping family. Navatek was not a profit center but a vehicle for Loui’s passion projects, like an experimental catamaran for navigating Hawaii’s choppy waters.

The company benefited from the largesse of the legendary Hawaii Sen. Daniel Inouye, multiple former Navatek executives and employees said, whose family had been close to the Loui family for generations. Inouye was a master of earmarks, a practice that allowed lawmakers to insert funding for specific companies by name in the federal budget. The self-styled “King of Pork” steered hundreds of millions in federal dollars to Hawaii. Former Navatek employees say he was affectionately referred to as “Uncle Dan.” “Before Inouye took an interest, Congress didn’t even know our companies existed,” a longtime Loui lieutenant wrote in a 1998 op-ed.

In response to ProPublica questions, Loui said that money appropriated by Inouye made up “a minority” of Navatek’s revenue.

Inouye’s death in 2012 made the company’s future uncertain. Not only was Navatek’s direct line to Capitol Hill gone, but Congress was doing away with the abuse-riddled earmark process. Now companies would nominally have to compete on the merits for government contracts.

Kao joined Navatek in 2008 as its chief financial officer. Loui charged him with replacing Navatek’s rainmaker and eventually named Kao CEO. He sold Kao the company in return for a share of the profits.

Kao was an unusual figure among the company’s low-key naval engineers and boat aficionados. He seemed to be aping a Wall Street tycoon, telling employees they could either be “a beast or a bitch,” a former executive said. He drove to work in a Ferrari and abruptly fired subordinates who displeased him — one time, in the middle of the night. “He had very little interest in the technology,” one former employee recalled. “Martin was only interested in dollar signs.”

Kao also exaggerated and lied. He told different people he had stepbrothers whose parents died in a fishing accident or an avalanche, a former employee recalled. He lied to Loui about having law degrees from both the University of California, Los Angeles and New York University. He once told a lobbyist who raised quarter horses that he owned a herd of polo ponies, just to one-up him.

Despite his erratic behavior, former employees agree Kao hit upon an effective way to replace the lost earmarks. If the company could not rely on a benefactor like Inouye, it would develop a stable of them.

Navatek targeted the powerful members who sat on the House and Senate appropriations committees. These members could no longer earmark money for specific military contractors. But they retained the power to budget millions of dollars for equipment or bespoke research and development. Because Pentagon budgets run thousands of pages and are largely prepared in secret, it is easy for appropriators to add a line item intended for a contractor like Navatek without leaving any fingerprints.

Soon, Kao had refined a playbook. Navatek would concoct a research project in partnership with a university in a member’s district or home state, and Kao would make a large initial campaign donation. Working with a team of pricey, well-connected lobbyists, Navatek would get meetings on Capitol Hill to pitch the research to congressional staff. Navatek kept spreadsheets, reviewed by ProPublica, that listed members of Congress as the “specialty” of certain lobbyists.

Separately, Kao later told the FBI, there would be a meeting of just the key players. One engineer, who traveled with Kao to D.C. to explain the technical side of a project, recalled being sent out of the room once the subject of money came up. Sometimes in these smaller meetings, members of Congress directly asked Kao for donations, he told the FBI. In other cases, he said, Navatek’s lobbyists would relay a request from an intermediary for a specific dollar amount.

Kao told the FBI that the lawmakers, lobbyists and Navatek brass understood these donations were bribes and that the payments were essential to the entire scheme. Kao believed he was buying Navatek’s way into the annual defense budget, not winning over members with innovative engineering proposals.

“I’m not red or blue, I’m green,” he would tell congressional staffers, a former Navatek employee recalled.

While a deal was being struck, Navatek and congressional staffers worked closely on the legislative process. Every year, Congress prefaces the defense budget with massive reports describing the purpose of inscrutable line items. Staffers would include a project description so specific that Navatek would be the only logical pick.

Often, Navatek composed language that ended up, word for word, in Senate funding requests, former employees said. In 2019, for example, Navatek’s priorities were tucked into page 185 of the 307-page report released by the Senate Appropriations Committee. The committee set aside $21.5 million for “hybrid composite structures research for enhanced mobility,” “electric propulsion for military craft and advanced planing hulls” and a “test bed for autonomous ship systems.” Although Navatek’s name does not appear on the page, these were all projects the company requested, according to internal documents and interviews with former employees.

Once the budget passed, lawmakers’ staff leaned on Navy officials to award Navatek the money. Former contracting officers told ProPublica they felt pressure to go along because money from those contracts funded their office — and because members of Congress had confronted dissenting naval officials in the past. “There’s only so many battles you can fight,” one said. So Congress sometimes got its way even when Navatek’s projects made little sense.

Inside Navatek, employees referred to this strategy as “the method.” And it enabled the company to string together tens of millions of dollars in contracts. The result was the same as getting earmarks: a reliable, growing revenue stream bankrolled by U.S. taxpayers.

“It was a simple enough play. Let’s find the small states that have complementary universities … [and] let’s get access to their senators,” Eric Schiff, a former Navatek executive, told ProPublica. “I’ve met Susan Collins. You can get access to Susan Collins. Once we got the first things working with Maine, then we said, ‘Well, let’s keep reaching.’ And so we did.”

In a statement to ProPublica, Navatek founder Loui said Kao’s “unethical and illegal method of winning contracts” was a departure from how he operated the company prior to Kao’s ownership.

Kao boosted Navatek’s annual revenue from $10 million around the time Loui sold him the company to almost $40 million when he was arrested in 2020. In the second half of 2019 alone, Navatek paid a roster of five lobbying shops more than $500,000.

Even Navatek’s executives were surprised at how far their money went in D.C. “It was eye-opening for me, frankly. ‘Oh my God, all of it is for sale. It’s all for sale,’” Schiff said.

The key players in Kao’s pay-to-play deals went to great lengths to meet in person and leave no trace of an actual quid pro quo, he told agents. “That is why I literally had to fly to D.C. almost every week,” Kao later told the FBI. “Sometimes for a 15-minute meeting.”

But the FBI compiled emails, which ProPublica reviewed, that were suggestive of illegal bargains. Navatek executives and lobbyists spoke openly as if they were buying lawmakers’ assistance. In one back-and-forth, a lobbyist and a company executive described another senator as “fundamentally transactional” and having “a reputation as a pay-to-play office.”

In another message, Andy Winer, who former executives said was Navatek’s chief strategist, reminded Kao to budget money for political contributions based on how much the company wanted in congressional funding the following year.

“Oh my God, all of it is for sale. It’s all for sale.”
Eric Schiff, former Navatek executive

Winer was his guide to the political underbelly, Kao said. A consummate insider, Winer had parlayed six years as chief of staff to Democratic Sen. Brian Schatz of Hawaii into a lucrative lobbying career with a firm called Strategies 360. One of Winer’s former colleagues compared him to the slick lobbyist on the Netflix show “House of Cards” who toggles between the political and corporate worlds.

In another email exchange scrutinized by the FBI, Kao asked Winer about making a $5,600 donation to nudge along a senator who seemed keen to work with Navatek: “Would that ‘help?’”

Winer, who had already donated himself, replied, “With my contribution, I think it sends the right message.” He suggested Kao split up his donation to be “less conspicuous.”

The method didn’t always work. Once, Kao complained that a senator had reneged on a deal and he ought to get his donations back.

“You should not feel aggrieved nor should you ever put that in writing,” Todd Webster, another lobbyist Navatek hired, replied. Webster did not respond to detailed questions.

Winer said he stopped working with Navatek following Kao’s arrest. “The political contributions I discussed with Kao were understood by me to be lawful political contributions. I never participated in, witnessed, or had knowledge of any illegal political contribution, bribe, or agreement to exchange a political contribution for an appropriation, contract, or other official action,” Winer said in an email to ProPublica. “I never advised Kao to make a contribution in exchange for official action.”

Strategies 360 has new ownership that did not oversee Winer while he represented Navatek, its CEO, John Oceguera, said.

Navatek employees began to notice members of Congress visiting their East Coast offices. “You would be like, ‘Oh, there’s this senator walking around,’ and we would get a picture with them,” one engineer recalled.

While some projects involved potentially meaningful research, Navatek’s bread and butter was R&D that went nowhere. As a slideshow prepared by an executive explained, “We thrive in the valley of death,” the term for the bureaucratic gap where research languishes without being developed into a product. The slideshow noted that none of the technology had ever actually been deployed.

The Office of Naval Research did not respond to a request for comment.

In Maine, Navatek was studying ways to modify small boats to reduce the “slamming” impact felt by passengers at high speeds. With the help of the University of Maine’s giant 3D printer, Navatek made a prototype and unveiled it at a press conference where a Guinness World Records representative declared it the world’s largest 3D-printed boat. But Navatek executives knew the Navy had no plans to use the new design, former employees said.

“[The work] got rolled into a few PowerPoint slides and a white paper, and that was the deliverable,” recalled one who worked on the project. “The boats weren’t delivered to the Navy — the Navy didn’t even want them.”

Kao to Collins: “Here to Help”

The first time Kao came face-to-face with Collins, in 2018, he told the FBI, he had to pay for the privilege.

Collins would not meet unless he agreed to donate to her campaign, he said. While it is not illegal for politicians to exchange face time for contributions — in this case, just a few thousand dollars — it was not the last time Collins would seek Kao’s support.

Navatek had been eager to expand beyond Hawaii, and Maine was a perfect beachhead — a small, coastal state hungry for high-tech jobs that happened to be represented by a senior member of the Senate Appropriations Committee. Collins, more than most appropriators, likes to trumpet the dollars she brings home.

To work with Collins, Navatek hired a lobbyist, Glen Mandigo, who also lobbied for the University of Maine and was tight with her office. Mandigo asked how much Navatek wanted in funding and how much Kao was willing to support Collins, Kao told the FBI. The University of Maine did not reply to a request for comment.

In that first meeting with Collins and her staff, Kao pitched an $8 million boat hull research project for Navatek and the university. Collins seemed supportive. Not long after, Mandigo called Kao and said Collins wanted him to bundle tens of thousands of dollars for her reelection, suggesting Navatek throw a fundraiser, Kao said.

In an email to ProPublica, Mandigo denied taking part in a pay-to-play arrangement.

“I did not advise Navatek officials, nor would I advise any client, that support from Sen. Collins was contingent on campaign donations,” Mandigo wrote. He said that in his 25 years of working with Collins and the Maine delegation, “I never saw or heard of such behavior from the Senator or her staff.” Clark, Collins’ deputy chief of staff, told ProPublica it was “wholly inaccurate” to say Mandigo was close to their office.

FBI agents had collected voluminous corporate records and email correspondence between Navatek and Collins’ inner circle. Much of that evidence aligned with the story they were now getting directly from Kao.

The FBI had spotted his out-of-the-blue donations in the summer of 2018, just before Collins included $8 million for Navatek’s proposal in the defense budget. Emails showed her staff made it clear to the Navy that it should send the money to Navatek. FBI agents also had evidence of Kao and Mandigo planning a fundraiser starting in April 2019. Their emails — with her scheduler and her campaign’s finance director — freely mixed talk of Navatek’s Collins-backed contract with plans to raise money for her.

The principals settled on hosting Collins for a publicity event at Navatek’s Maine headquarters in August 2019, where she posed for pictures with Kao and a model of the company’s experimental boat. Behind the scenes, the FBI saw in emails and company records, Kao orchestrated over $40,000 in donations from extended family in advance of the event. To avoid the legal cap on individual campaign contributions, the emails show, he told Collins’ team to reallocate his excess contributions to his father — which an agent highlighted and noted is against election law in a presentation to prosecutors — and sent them his father’s full name and address.

“This is perfect,” Amy Abbott, the reelection campaign finance director, emailed Kao after discussing his father’s contribution. “We are so grateful for ALL the Kao support!”

Before the event, Kao said, Collins, Abbott and another staffer met with him in private. One of the staffers told Kao the campaign expected more donations. It was in this meeting that Collins said, “You’ve seen me deliver,” he told the FBI.

Less than one month after the event, the Senate released a draft of the defense budget containing $21.5 million for Navatek’s pet projects in Maine. Kao emailed a Collins campaign fundraiser — who would in theory have nothing to do with a government contract — four days later, saying, “Thanks again for all the support from Sen Collins.”

“I’ve been involved in many tight races in the past and understand last minute ‘needs’ come up,” he continued. “We are here to help anyway we can … financially or whatever.”

Kao’s desire to donate even more money led to the fateful Corner Bakery meeting with the head of the Collins super PAC, called the 1820 PAC, Kao told the FBI. Unlike Collins’ campaign, which could accept only $5,600 per election from individuals, the super PAC could accept unlimited contributions.

The super PAC emailed Kao a memo before the meeting stressing the need to raise money with “urgency.” At the meeting, Kao and Reed, the super PAC’s chair, hammered out a deal for a six-figure donation, Kao told the FBI. Over email, Kao informed Reed of his shell company scheme, saying he had cleared it with his lawyer. “They are super vague and very difficult to get any background info on,” Kao reassured him. “Thanks for doing this,” Reed replied.

The FBI spoke to the other Navatek executives at Corner Bakery, who confirmed the meeting took place. One, David Kring, the company’s top scientist, told ProPublica he had no memory of what was discussed.

The other, Duke Hartman, told an FBI agent it was just “a get to know you meeting” with the chair of the super PAC and they did not discuss the “particulars of a donation.” Agents, records show, came to believe Hartman was lying about his role in Kao’s pay-to-play operation and would name him as a formal subject of a future investigation. Hartman was not charged. He did not respond to a detailed request for comment.

A few weeks after the $150,000 check to the Collins super PAC cleared, in February 2020, Kao and his team met with Collins’ office and secured a new round of funding.

“We were very warmly received,” Kao reported to his colleagues in an email obtained by the FBI. “Excellent meeting. Total of $32M will be supported.” Records show the Senate allocated at least $10 million that year based on Navatek’s proposals.

Navatek’s ambitions peaked in mid-2020. As the company waited to see if Collins would survive her reelection campaign, executives prepared to ask their champion on the appropriations committee for even more funding the following spring, internal documents show.

Other documents from that time show the company was courting senators from seven additional states and gunning for more than $200 million in new appropriations. Navatek expected to have offices in more than a dozen states by the end of the following year, including a new 15,000-square-foot facility in the Portland, Maine, harbor.

Kao, meanwhile, closed on a $4.5 million beachside home in an exclusive Honolulu neighborhood; the backyard pool had a waterfall feature. He renamed the company Martin Defense Group after himself, joking that it would simplify his future takeover of Lockheed Martin.

“It was working well, and it would have continued to work well,” said Schiff, the former executive. “Martin got greedy. Just got damn greedy.”

Downfall, Cover-up

In early 2020, the Campaign Legal Center, a nonprofit good government group, noticed something strange in the public filings for the Collins super PAC. The PAC had received a $150,000 donation from a newly created LLC with a typo in its name: the Society of Young Women Scientist and Engineers, with no S at the end of “Scientist.”

This was the $150,000 Kao donated after the Corner Bakery meeting. The money had come from Navatek’s account, not Kao’s, violating a ban on government contractors making donations.

The center suspected the society was not a real group but a pass-through to hide the identity of a major political donor. It filed a complaint with the Federal Election Commission. It took only a few days for a Hawaii journalist to discover Kao’s wife’s name on the society’s paperwork, linking the shell company to Navatek.

Inside Navatek, Kao shifted into damage control mode. He spoke to Reed and the super PAC’s lawyer, Cleta Mitchell, and began to hatch a cover-up. In an email released in civil litigation, Mitchell suggested the society make charitable donations — preferably in Maine — which would make it seem like a legitimate nonprofit. “I want to be sure that the LLC proceeds with the ideas we discussed — giving scholarships and recognition to women in engineering, etc.,” wrote Mitchell. “That would help both of us, I think.”

Mitchell added, “We should develop a plan and timetable, so there are some scholarships given over the next several months, and particularly, perhaps in Maine, where the bad press was.”

Mitchell, who later played a major role in Trump’s attempts to overturn the results of the 2020 election, did not respond to requests for comment.

Kao and his team settled on donating scholarships to women in STEM. They offered between $5,000 and $25,000 apiece to state universities where they were angling to win government contracts — that way, the cover-up would benefit them politically, too.

But Navatek’s and Kao’s problems were just beginning. Undeterred by scrutiny from the FEC, Kao defrauded the COVID-era Paycheck Protection Program newly passed by Congress. He inflated Navatek’s payroll to amass loans of $13 million, according to a federal indictment. The Navatek founder, Loui, had long since soured on his chosen successor. This was the final straw. He reported Kao to federal authorities.

“This is not how Navatek behaved or conducted business before I sold the company to Martin Kao,” Loui wrote to ProPublica. He said Navatek was successful before Kao’s ownership and had many sources of government funding. After Kao’s arrest, he added, the company fully cooperated with law enforcement.

Loui has since regained control of the company and renamed it PacMar. He is dedicated to restoring its reputation and ability to execute government contracts, he continued. Loui said he fired employees hired during Kao’s tenure who were “not capable of performing quality, professional engineering and science tasks.”

“The company received no Collins-supported funding after Martin Kao’s arrest, nor should it,” Loui added. “What Martin Kao and his cabal did was wrong.”

On Sept. 30, 2020, law enforcement raided Navatek’s Honolulu offices and arrested Kao for fraud. Federal agents in windbreakers seized his laptop and ordered the company’s IT staff to copy the company’s internal servers.

Navatek’s public flameout attracted the attention of Michelle Ball and Kevin Gounaud, two experienced agents in the FBI’s elite anti-corruption unit. Gounaud was a 20-year FBI veteran who had worked on elaborate undercover operations. Ball had made a name for herself taking on politically sensitive cases. In 2018, she led the investigation into Maria Butina, the Russian agent convicted of infiltrating the National Rifle Association in an attempt to influence the Trump campaign.

The agents began digging through thousands of records for details of Navatek’s lobbying operation, donation strategy and ties to politicians.

They zeroed in on Kao’s relationship with Collins. In a 60-slide presentation agents prepared for prosecutors, they highlighted contributions that Kao and his wife made to the senator in 2018, right before Collins placed the $8 million in research funding into the federal budget. Kao had also given Navatek money to various relatives to donate to Collins in 2019, sending her around $33,000 through these illegal straw donors, the indictment said. Kao’s wife and father did not reply to requests for comment.

The government charged Kao in two separate cases: one for defrauding the loan program and another for his campaign finance crimes. His love of talking like a wheeler-dealer — including over email — was a gift to investigators. In one email, he all but admitted the scholarships to young women were a diversion. “Whatever… just a pack of bitches getting free $,” he wrote.

In the face of overwhelming evidence, Kao pleaded guilty in both cases in the fall of 2022. Navatek by then was under court-ordered new management. Awaiting sentencing, Kao worked as a line cook at a Cheesecake Factory.

He began meeting with the same FBI agents and prosecutors who brought him down. For the agents, he was a rare witness: a contractor with deep ties to elected officials saying he would speak candidly about how Washington works.

Kao faced nearly a decade in prison. “My world and life imploded,” he would later recall in a letter to the Hawaii U.S. District Court. “I was fooled and foolish enough to believe that the power elected officials wielded, and [were] actively willing to sell to anyone wealthy enough to pay, was….‘smart business.’”

Over the next two years, Kao sat with agents for at least three dayslong interviews. He told them that politicians, Collins in particular, had been willing participants in his scheme. “It takes two to tangle,” he told them.

Taxpayers funded Navatek’s entire political operation, Kao said. “Most companies of our size do not have the resources to endlessly hire expensive lobbyists and make political donations,” he told the FBI. Navatek solved this by using money from government contracts to hire lobbyists and make campaign contributions, according to interviews, court testimony and internal company records. Diverting money from contracts for lobbying and political donations can be illegal.

For their final meeting, in September 2024, Kao handed the FBI the 50-page document detailing Navatek’s dealings with more than a dozen members of Congress and their staff. It was not only a confession but a road map, with the email addresses and phone numbers of people Kao thought agents ought to subpoena.

Last year, Kao was sentenced to 87 months in prison. The judge in his case offered no leniency based on his cooperation with the FBI. Loui is battling Kao in court to recover the millions he contends Kao stole from the company.

Both Scott Reed and Amy Abbott remain in Collins’ inner circle. Abbott is the finance director for her 2026 reelection effort, and Reed again chairs the main Collins super PAC. Abbott, who is married to Collins’ campaign manager, referred questions to the senator’s communications staff. Clark told ProPublica that Abbott and other campaign staff were interviewed by the FBI and that the campaign was never a target of the investigation.

Earlier this year, Kao agreed to meet a ProPublica reporter at the Federal Prison Camp in Yankton, South Dakota, where he is incarcerated. But on two occasions when guards summoned Kao over the intercom, he refused to enter the visitation room. Over email, he said he was no longer willing to meet, citing the ongoing litigation. He declined through his lawyer to respond to detailed questions.

By late 2024, Ball and Gounaud, the FBI agents, had come to believe there was enough evidence to warrant a broader investigation into bribery of members of Congress, according to a memo seen by ProPublica.

Before they could embark on their new mission, however, they became casualties of Trump’s retribution campaign.

Ball and Gounaud worked for the FBI’s elite anti-corruption unit known as CR-15, which specialized in investigating misconduct by elected officials. When Trump retook power, his new FBI director, Kash Patel, purged the unit agent by agent.

Ball was targeted for her work on the special counsel investigation of Trump’s failed bid to overturn the 2020 election. She was fired in October 2025 in a one-page letter stating she had “weaponized” the Justice Department. She is challenging her firing in a lawsuit. Gounaud was pushed out in early 2026. Both agents declined to comment through their attorney.

Trump also targeted the Justice Department attorneys who worked with CR-15. The team, known as the Public Integrity Section, collapsed spectacularly in February 2025 after staff were ordered to drop a case against New York City Mayor Eric Adams, a Trump ally. The unit’s leadership quit en masse. Trump appointees ordered the remaining prosecutors to halt new corruption cases, just months after Kao made his detailed confession.

Before Ball was fired, however, she managed to take a key step forward.

Based on all the evidence, she persuaded her supervisors to approve a new investigation. It centered on South Carolina, one of the states Navatek eyed for a rapid expansion. The FBI had questions about a steak dinner Kao shared with Sen. Lindsey Graham.

Reprinted with permission from ProPublica

Samuel Alito

Unprecedented: Most Supreme Court Decisions Issued On 'Shadow Docket'

The Supreme Court continues to make consequential rulings in the shadows. I analyzed tens of thousands of case files from the court’s online archives, parsing through filings to separate simple requests for deadline extensions from challenges to long-established constitutional rights. I discovered that in the term that ended in 2025, the justices issued more substantive decisions on their emergency docket than in cases argued in open court. Experts told me this was likely the first time this has happened in the court’s modern history.

Representatives from the Supreme Court did not respond to my questions.

Since I reported that story in July, more major rulings have been made on the emergency docket, often called the “shadow docket,” where justices rarely hear arguments and often issue unsigned orders that don’t explain how they arrived at their decisions or even how they voted.

These decisions are continuing to come down even after the court began its summer recess. For example:

Though experts told me rulings on the shadow docket have generally enabled Trump, he has not won them all. The USPS ruling, for one, has not pleased the president. Last week, in a post on Truth Social, the social media website he owns, Trump criticized the justices he nominated, writing that they “are not the people I interviewed to serve.”

“It is a Court that will go down as having rendered some of the most destructive, hurtful, and damaging decisions in our Country’s history,” Trump wrote.

Every decision the court has made since July has been on its shadow docket. That will remain the case until the court starts its new term on October 5.

Watch our explainer to learn more about what I uncovered and how the shadow docket works.

Reprinted with permission from ProPublica

Omar al Bayoumi

25 Years After 9/11, Questions Persist Over FBI Pursuit Of Saudi Suspects

Within a few days of the terror attacks that killed nearly 3,000 people on Sept. 11, 2001, FBI agents identified an important possible suspect: a middle-aged Saudi graduate student who provided crucial help to two of the al-Qaida hijackers as they settled in San Diego early the year before.

The Saudi, Omar al-Bayoumi, had since moved to England, and he was arrested there at the FBI’s request. A police search of his home and office yielded a trove of evidence that quickly deepened investigators’ suspicions about Bayoumi and his dealings with the terrorists. But what happened to much of that evidence after it was delivered to the FBI remains a mystery.

Bayoumi was questioned and released by British police and later returned to Saudi Arabia. For years thereafter, the FBI would insist he wasn’t really a suspect at all — that Bayoumi had met the hijackers by chance, had helped them unwittingly and seemed nothing like a militant Islamist.

As the 25th anniversary of the 9/11 attacks is marked Friday, questions about how the FBI handled Bayoumi’s case have only grown, driven in part by evidence that was seized from him in 2001 but not made public for years or even shared with field agents who sought to investigate his role.

That evidence and other FBI information, now filed in a federal lawsuit against the Saudi government by victims of the attacks, has undercut both Bayoumi’s claims of innocence and the FBI’s profile of him as a genial, pro-American civil servant. While he was living publicly as a student, it shows, Bayoumi worked closely with Saudi religious officials, operated as a Saudi intelligence asset and collaborated with several clerics who would later emerge as militant Islamists tied to al-Qaida.

This week, representatives of the 9/11 families are again demanding an end to what they have called the Justice Department’s silence about what happened to the Bayoumi evidence and why he and other Saudis were not more aggressively pursued. The families have also questioned whether the Trump administration — which has strengthened U.S. diplomatic and business ties to the Saudi royal family — is committed to pursuing the truth about the possible role of Saudi officials.

“We still have not been given the full picture of what happened,” said Kathleen Zapata, whose father, Joseph Coppo, was killed in the World Trade Center. “Why are we having to fight against our own government simply to get answers about the most horrible attack ever on American soil?”

A White House spokesperson said, “President Trump is leading the most transparent administration in history, and his team is working diligently on identifying records that are responsive to these families’ request.” A Justice Department spokesperson declined to comment, noting that many of the officials involved in the early 9/11 investigation no longer work for the government.

While former Presidents Bill Clinton, George W. Bush, Barack Obama and Joe Biden are expected to attend a ceremony at the 9/11 memorial in New York, President Donald Trump has said he will commemorate the anniversary separately at the Pentagon.

The Saudi government has long denied any role in the attacks, often citing FBI and CIA statements that the royal family was an enemy of al-Qaida and its Saudi-born leader, Osama bin Laden. A spokesperson for the Saudi Embassy in Washington did not return messages asking for comment, including a request to speak to Bayoumi.

From San Diego to Dulles International Airport

A ProPublica examination of how the FBI handled the Bayoumi evidence shows that questions surrounding the Saudi connections to the 9/11 plot date to Jan. 15, 2000, when the first two hijackers landed in Los Angeles on a flight from Bangkok.

The CIA had followed the two men, Nawaf al-Hazmi and Khalid al-Mihdhar, as they met with other Qaida operatives in Malaysia days before. But the agency said it lost track of them when they flew to Thailand and then entered the United States using their real names and Saudi passports. (The CIA did not inform the FBI of their presence in the United States until Aug. 24, 2001, according to the report of the 9/11 Commission.)

Unlike several Qaida operatives who led the hijacking teams, Mihdhar and Hazmi spoke no English and knew almost nothing of life in a Western society. The mastermind of the plot, Khalid Sheikh Mohammed, told CIA interrogators he advised them to seek help from Muslim communities in California, according to the 9/11 Commission. But the commission and many U.S. terrorism experts expressed skepticism that he would deploy such ill-equipped operatives without providing them with any contacts in the United States.

Bayoumi claimed his meeting with the hijackers was happenstance. After driving from San Diego on Feb. 1, 2000, he said, he had a meeting at the Saudi Consulate in Los Angeles and then went to a nearby halal cafe. There, he later told the FBI, he overheard Hazmi and Mihdhar speaking Gulf-accented Arabic and introduced himself. Seeking to be hospitable, he said, he told them they might want to try San Diego.

Shortly after the men stepped off a bus there three days later, Bayoumi said, he happened to run into them again at a local mosque. The next day, he arranged for them to rent an apartment in the building where he lived with his family, co-signed their lease and set up a bank account for them, briefly loaning them about $1,500 for the deposit. He went on to introduce them to more than two dozen local men who helped them in various ways.

The FBI had already looked closely at Bayoumi, launching a preliminary investigation in 1998 after neighbors reported what they said were suspicious gatherings of young Arab men at his apartment. That inquiry determined that Bayoumi, who had worked for the Saudi civil aviation ministry, was still receiving a generous government stipend through an aviation company for which he did no work. The investigation found no criminal activity, however, and it was closed after six months, officials said.

Barely a week after the 9/11 attacks, the FBI asked the British authorities to arrest Bayoumi in Birmingham, England, where he had begun graduate business studies at Aston University.

David Campbell, then a young terrorism investigator, was dispatched from London by the Metropolitan Police Service, which is responsible for counterterrorism efforts across Britain. He recalled flying back down the highway in a special police vehicle with his handcuffed prisoner in the back seat, the sirens blaring. “They’d been told they had one of the 9/11 terrorists,” he said in an interview.

The FBI sent three agents from the United States to assist with Bayoumi’s interrogation at the Paddington Green police station in Central London. They were joined by a senior FBI attache, Joseph Hummell, who worked closely with the police service’s Anti-Terrorist Branch, known as SO13.

But despite those close contacts and the FBI’s considerable information about Bayoumi, very little of it was shared with Campbell and the Birmingham detective who joined him in questioning the suspect.

“We were really in the dark,” Campbell recalled. “They never even mentioned that he had been under investigation by the FBI in San Diego in 1998.”

Nor, Campbell said, were the interrogators briefed about the materials that had just been taken from Bayoumi’s Birmingham home and office, which included boxes of papers, correspondence, photographs, computer disks, videotapes and an address book. Yet some of those items had been immediately flagged as important, records show.

Among them was a diagram in Bayoumi’s handwriting that appeared to calculate the trajectory of an airplane to a point on the horizon. Another was a video of Bayoumi touring and describing the U.S. Capitol, a building that had been identified by U.S. investigators as a prospective al-Qaida target.

After questioning Bayoumi for almost a week, Campbell said, he and the Birmingham detective joined two senior SO13 officers on a conference call with Justice Department attorneys in the United States. The two interrogators were given a brief opportunity to express their view that Bayoumi’s account seemed deeply suspicious and full of falsehoods, Campbell said.

It didn’t seem to matter. The U.S. officials, who included lawyers in Washington and federal prosecutors in New York, concluded quickly that they did not have sufficient evidence to seek Bayoumi’s extradition.

“When the call ended, we just looked at each other in complete disbelief,” Campbell recalled.

FBI documents declassified in response to a 2021 executive order by Biden give a partial answer to what happened to the Bayoumi evidence.

One memorandum on Oct. 11, 2001, notes that New Scotland Yard, as the Metropolitan Police Service was often called, had provided the FBI attache’s office with “copies of all recovered exhibits, including mirror images of all computers.” A complete copy of the trove was also sent via Federal Express to the FBI’s New York Field Office, the memo noted.

By then, however, the agency’s new director, Robert Mueller, had taken the unusual step of ordering that the 9/11 case be run out of its Washington headquarters. The Penttbomteam, as it became known in the FBI’s clunky acronym for Pentagon/Twin Towers Bombing, mobilized thousands of FBI agents and analysts around the world.

One group focused on the hijackers of American Airlines Flight 77, the plane that crashed into the Pentagon, tracing the path of Hazmi and Mihdhar from Southern California to Dulles International Airport in Virginia, where they abandoned a used Toyota Corolla registered to one of their former addresses in San Diego.

How the headquarters team translated and analyzed the materials obtained from Bayoumi in Britain is unclear. But the team did not appear to share the evidence widely. In another memo, dated May 15, 2002, the San Diego FBI office noted that it was asked to review only five of the more than 80 VHS tapes seized from Bayoumi in Birmingham. Two of those were duplicates and included footage of a paintball fight and a family trip to Sea World. “Nothing of significant investigative/evidential value has been discovered,” the memo stated.

Although Bayoumi’s friends and associates helped the hijackers with everything from part-time jobs to flying lessons (they flunked out because their English was so poor), FBI leaders dismissed the idea that any of the people who helped them knew they were Qaida operatives sent on a still-evolving terrorist mission.

“As far as we know, they contacted no known terrorist sympathizers in the United States,” Mueller told a joint panel of the Senate and House intelligence committees in September 2002. “To this day, we have found no one in the United States except the actual hijackers who knew of the plot.”

The FBI’s more conclusive account of its Penttbom findings came before the bipartisan 9/11 Commission. The young agent leading the Flight 77 investigation team, Jacqueline Maguire, echoed Mueller’s earlier testimony, saying in 2004 that Bayoumi’s meeting with the California hijackers had been “a random encounter” and that he had helped them without knowing their true aim. Maguire also said the FBI had no indication the hijackers had initially sought out another figure who raised suspicions, Fahad al-Thumairy, the imam of the Saudi-built King Fahd Mosque in Culver City, California.

Michael Jacobson, a former State Department counterterrorism official who was a key commission investigator, said he knew some FBI agents in California were convinced that Bayoumi and Thumairy had helped the hijackers deliberately. But Maguire and her boss, Mary Galligan, who oversaw the Penttbom team, “were both consistently pushing back hard on any narrative of a support network,” Jacobson said in an interview.

Maguire and Galligan declined to comment.

When investigators from the 9/11 Commission interviewed Bayoumi and Thumairy in Saudi Arabia in 2003, Maguire — who had already interviewed the two Saudis for the FBI months earlier — joined them as an official escort. The interviews, which were managed by Saudi intelligence officials, were notable for Bayoumi’s efforts to ingratiate himself and Thumairy’s seemingly brazen lies, former officials said. Thumairy said he had never met the hijackers and did not even know Bayoumi, despite telephone records showing numerous calls between them. The Saudi Embassy did not respond to a request to speak to Thumairy.

In its final report, the commission said it could not confirm that Thumairy helped the two terrorists but found it was “fairly certain that Hazmi and Mihdhar spent time at the King Fahd mosque and made some acquaintances there.”

Echoing the FBI’s assessment, the commission described Bayoumi as “a devout Muslim, obliging and gregarious,” and found no evidence he “believed in violent extremism or knowingly aided extremist groups.” It would take years before those conclusions were forcefully challenged.

Daniel Gonzalez, a San Diego FBI agent who had been looking at Hazmi and Mihdhar’s circle since the day after the attacks, became the case agent for Operation Encore, a “subfile” or follow-on inquiry to the original 9/11 case. But while he and other agents made significant breakthroughs, former officials said, they faced constant skepticism from FBI headquarters and were sometimes blocked outright in their efforts to pursue the case.

In 2007, in an interview with a key source in Jordan, Gonzalez learned of two other important witnesses in Los Angeles, young Muslim immigrants who had also helped the hijackers. The two later confirmed the hijackers had gone to the King Fahd Mosque after arriving in Los Angeles and met repeatedly with Thumairy. One of the men said Thumairy also arranged for the hijackers to be driven to their first meeting with Bayoumi at the halal cafe — undercutting Bayoumi’s claim that he met them by chance.

For years, Encore agents said, they continued to press for more of the materials seized from Bayoumi in Britain. At one point, Gonzalez got a phone call from Washington asking if he wanted some old Penttbom evidence that was about to be destroyed. The materials — copies of some of Bayoumi’s long-sought papers, including the suspicious flight diagram — stunned the Encore team, Gonzalez said.

In June 2012, a small group of Encore investigators and analysts flew to London to try to review the Bayoumi search evidence more thoroughly. According to three former officials familiar with the trip, they viewed dozens of hours of videotapes and took new copies of much of the Metropolitan Police material.

For reasons that remain unclear, however, the team either did not see or did not focus on a few videotapes that would later become evidence in the 9/11 families’ lawsuit, including the tape of Bayoumi at the U.S. Capitol. While some terrorism experts have interpreted the recording as Bayoumi’s effort to “case” the site for a possible attack, lawyers for the Saudi government described it as a tourist video.

The Bayoumi videos also included extensive footage of two Saudi religious officials who not long before had commanded attention from both the FBI and CIA. The two men, Adel al-Sadhan and Mutaeb al-Sudairy, were emissaries of the Saudi Ministry of Islamic Affairs who had traced what intelligence officials saw as a strikingly suspicious path around the United States. The Saudi Embassy did not respond to a request to speak to the men.

In addition to traveling to Washington, D.C., with Bayoumi, the two clerics visited Los Angeles and San Diego a year before the hijackers and stayed at one of the homes where Hazmi and Mihdhar later lived. Sudairy also spent several months living in Columbia, Missouri, with an American al-Qaida member, Ziyad Khaleel, who provided Osama bin Laden with the satellite phone that FBI officials said he used to orchestrate the 1998 bombings of U.S. embassies in Kenya and Tanzania.

Just before and after the hijackers arrived in San Diego, telephone records show, Bayoumi also made a series of calls to Sudairy in Washington, Thumairy in Los Angeles and Anwar al-Aulaqi, a Yemeni American cleric. Aulaqi, who ran a San Diego mosque that Bayoumi had funded through Saudi donations, was described by FBI witnesses as a spiritual adviser to Hazmi and Mihdhar. Aulaqi later emerged as an important al-Qaida leader before he was killed in a U.S. drone strike in 2011.

Unanswered Questions

In 2014 and 2015, a panel of security experts was assembled to review the FBI’s implementation of reforms called for by the 9/11 Commission. The 9/11 Review Commission, as the second panel was called, was also tasked with looking again at questions about the 9/11 plot that remained unanswered.

Maguire, the FBI’s primary liaison to the review panel, again disputed suspicions about Bayoumi. “He came here for school and everything seems accidental with Bayoumi,” the commission was told in a 2014 briefing led by Maguire.

The review panel concluded there was not enough new information to revise the 9/11 Commission’s finding that there was no “witting assistance” to the hijackers. But Tim Roemer — a Democratic former congressman from Indiana who served on the 2002 joint intelligence inquiry, the 9/11 Commission and the Review Commission — made a point of pressing for further investigation into the Saudi question. He was struck that Maguire and other FBI officials were still pushing back.

“There was consistent feedback from some levels of the FBI that simply wanted to close the case and claim that what Bayoumi did was purely coincidence and somehow accidental,” Roemer said.

Roemer insisted that the Review Commission formally recommend that the FBI continue to examine the Saudi issue. But shortly after it did so, officials at FBI headquarters renewed their pressure to shut down Operation Encore. In 2016, the head of the agency’s Joint Terrorism Task Forces finally relented, reassigning the case and disbanding the team that had been investigating it for years.

The next year, a pair of memorandums sent by the FBI’s Washington field office confirmed something that the Encore agents had long suspected: Between the late 1990s and Sept. 11, 2001, Bayoumi was paid a monthly stipend as a co-optee, or part-time agent, of the Saudi intelligence services.

By then, Gonzalez had retired. The Encore investigators who remained were working new jobs. Along with other documents from the FBI investigation, the memos were initially withheld from the 9/11 families by the Justice Department, which classified them as state secrets during Trump’s first term. The Encore agents saw the memos for the first time when they were finally made public in 2022 under Biden’s executive order.

“Somebody needs to explain to the American people why we didn’t see this information before,” Gonzalez said in an interview.

Reprinted with permission from Pro Publica

USPS Officials Warned New Mail Voting Rules Could Mean Mass Disenfranchisement

USPS Officials Warned New Mail Voting Rules Could Mean Mass Disenfranchisement

Top U.S. Postal Service officials tasked with issuing new regulations on mail voting expressed concerns in internal meetings about how the rules they were drafting could delay or block ballots from reaching large swaths of eligible voters for the upcoming midterms, but the rules moved forward anyway, ProPublica has learned.

The revelations about the discussions, from someone familiar with the rulemaking process, come as a separate anonymous federal employee filed a whistleblower disclosure with Sen. Richard Blumenthal (D-CT), warning that the new system is untested and error-prone, and could lead to mass disenfranchisement in the upcoming election. The whistleblower described the entire process as “secretive, rushed, chaotic, and fundamentally flawed.”

In a March executive order, President Donald Trump directed the Postal Service to create the new rules, including requiring states to give USPS a list of all voters eligible to receive a ballot in the mail and requiring USPS to use those lists to determine which ballots get sent to voters. USPS officials were tasked with crafting the details of how the new system would work, including the creation of a new portal for states to upload their voters’ information and the back-end software that would allow mail delivery sites and local post offices to track, and potentially block, ballots entering into the mail on their way to voters.

Voting rights organizations, state officials and Democratic political groups filed lawsuits challenging the new rules, and a federal court has temporarily blocked the requirements for states. The merits of the new rule are expected to reach the Supreme Court before the November election. Even if the Supreme Court allows the plan, though, election officials and experts say that the new system could not be ready in time for this election, given that ballots for people who are in the military or overseas must be sent out this month.

During meetings in which top USPS officials discussed how to comply with the executive order, there was much discussion about the controversial nature of what they needed to do, according to the person familiar with the discussions who spoke on the condition of anonymity for fear of reprisals. The focus was on limiting the impact to voters while also complying. One repeated concern regarded how to avoid invalidating an entire batch of ballots if one voter among thousands couldn’t be confirmed as eligible. Some in the meetings recommended trying to limit harm to voters by not rejecting the entire batch, according to the person familiar with the discussions.

Despite that, according to the whistleblower who contacted Blumenthal, the directive to reject entire batches if they included just one unverified ballot moved forward.

“As presently designed, if even one bar code on one single ballot in a bulk-mailing of 10,000 ballots fails to properly scan during the verification process, the entire batch is rejected and sent back to the state — effectively stopping the ballots from being mailed to voters,” the whistleblower wrote.

Election clerks raised similar concerns directly to USPS officials just days before the final rule was issued, at a mid-August National Association of Election Officials conference in Kansas City, Missouri, ProPublica has learned.

There, an example was given of Maricopa County, Arizona, which often sends out more than 2 million ballots at a time in its initial mailing. USPS officials confirmed it was possible that one ballot with a bad barcode or wrong voter information within the more than 2 million ballots could delay the entire mailing, according to two people who attended the related committee meeting.

The Postal Service has defended its final rule in court, stating that it does not intend to seize control of administration of elections and that the rule “need not and should not prevent a single voter from voting by mail.”

In a statement to ProPublica, a Postal Service spokesperson said the agency is carefully reviewing the Blumenthal whistleblower’s concerns and that USPS has spent months developing its system, in a manner consistent with court orders, and will soon provide instructions for how election officials can use it.

“Regardless of political party or perspective, we share a common goal: ensuring that Americans can have confidence that their election mail will be handled securely and delivered reliably,” the spokesperson said.

Lauren Bis, a White House spokesperson, said in a statement to ProPublica that the process of building software to carry out the new mail ballot checks “is neither complex nor unique for USPS since the Postal Service regularly uses bulk mailing and intelligent mail barcodes for a wide variety of large customers.”

“Under President Trump, the federal government is working to ensure safe, transparent, and honest elections,” Bis wrote.

Blumenthal, the Connecticut Democrat who received the whistleblower disclosure, asked the postmaster general for detailed info about the plan in a letter this week. He told reporters on a call Monday that the new USPS rule puts all mail voters at risk, and he accused the administration of being “hellbent on changing the framework of casting ballots in this country, clearly for political reasons.”

Election officials and printing experts have told ProPublica that errors in the system are likely, given how difficult it is to design envelopes with a clear barcode for scanning and to keep voter information up to date. Seemingly small details have yet to be worked out that could throw the entire system into chaos, they said, such as what file format to use when uploading voter lists and whether to provide mailing or residential addresses to USPS.

“These are trivial things that create massive problems,” said Jeff Ellington, CEO of Runbeck Election Services, which prints ballots and ballot envelopes for counties. Beyond that, he said, most of the counties in the country don’t have the type of barcodes needed to make the system function. And the Postal Service hasn’t told local election officials how to design new ballot envelopes and get them approved by USPS in this short of a timeframe.

The Blumenthal whistleblower said the idea that entire batches will be delayed by one mistake is especially concerning because of significant operational problems that exist with the portal that will contain information about eligible voters and the lack of testing of the system. The whistleblower is concerned about how, while systems typically have a known error rate, there has been no internal acknowledgment that errors will occur in the new mail ballot system, and instead the USPS has adopted a “zero-percent failure policy.”

The whistleblower also alleges that the administration moved forward with steps to create the new system during two initial injunctions from the court, which would have violated the court’s order. USPS had stated when issuing its final rule that it was adhering to the injunctions and would not take actions to implement the rule for the 2026 election unless the injunctions were lifted.

Both the whistleblower and the person familiar with discussions about the executive order’s implementation said that the timeline for creating a sophisticated tracking system would typically be at least nine months. The whistleblower’s disclosure says that workers began to work on the system in mid-June and had only weeks before being given a Sept. 1 deadline. The person familiar with the discussions said it was common for priority projects within USPS to have crunched timelines. The internal goal, the person said, was to try to implement the new system by that deadline or to show why it couldn’t happen — which was typical of other directives the agency had faced in the past.

The whistleblower disclosure described confusion as the staff attempted to develop the systems without enough direction, within weeks, and without proper communication, and said several employees referred to the situation as a “shit show.”

Reprinted with permission from Pro Publica

Exploiting Anti-Trans Fear, Missouri GOP Aims To Repeal Abortion Rights

Exploiting Anti-Trans Fear, Missouri GOP Aims To Repeal Abortion Rights

Two years ago, abortion opponents in Missouri tried to defeat Amendment 3, a ballot initiative to enshrine reproductive rights in the state constitution, by falsely telling voters that it would allow gender transition surgeries for minors — even though it wouldn’t.

Voters approved Amendment 3 anyway, overturning the near-total abortion ban enacted by Missouri’s GOP-dominated legislature that had taken effect after the U.S. Supreme Court struck down Roe v. Wade in 2022.

Now Republican leaders in the state are trying to repeal those rights again, using the same issue. They placed a new amendment on the November ballot, also called Amendment 3, that would restore Missouri’s abortion ban while allowing limited exceptions but also constitutionally prohibit gender transition care for minors — though the state has banned surgeries and new prescriptions of puberty blockers and hormones by law since August 2023.

For the Missouri GOP, Election Day can often seem like Groundhog Day. The party holds a supermajority in the legislature and controls every statewide office, yet voters have repeatedly used the initiative petition process to enact policies Republican leaders oppose. By gathering enough signatures, citizens have placed proposals directly on the ballot, then persuaded voters to expand Medicaid, legalize marijuana, raise the minimum wage and restore abortion rights.

This month, that disconnect became an electoral humiliation for Republican leaders. More than 80% of voters rejected their attempt to make it nearly impossible for citizens to amend the state constitution. It was even worse for Gov. Mike Kehoe’s plan to phase out the state income tax: More than 83 percent voted no.

Missouri Republicans have become “drunk with power,” said Ken Warren, a professor emeritus of political science at Saint Louis University and associate director of the SLU/YouGov Poll. “Because they control everything, they think they can do what they want — and they can’t.”

The new Amendment 3 on the November ballot shows how Republicans, using misleading language, a carefully chosen distraction and even a recycled name, are trying to undo one of those defeats. In 2024, a yes vote on Amendment 3 protected abortion rights. In November, voters will again be asked to vote yes on Amendment 3 — this time to take them away.

Republican leaders say voters never intended to approve a nearly unlimited right to abortion. They argue that Missourians would prefer an abortion ban with limited exceptions for rape, incest, medical emergencies and fetal anomalies — particularly when it is paired with restrictions on gender transition care for minors.

It would not take much to reverse the 2024 result. Abortion rights passed 51.6 percent to 48.4 percent — meaning a shift of about 48,000 voters would have defeated the measure.

Critics call the inclusion of gender care “ballot candy,” a way to make an unpopular proposal easier to swallow. They say the tactic is especially cynical because it promises voters a prohibition that, in large part, Missouri already has. State law already bans gender transition surgery for minors and, through August 2027, bars minors from starting puberty blockers or cross-sex hormones for gender transition. Amendment 3 would place the restrictions in the state constitution without an expiration date.

The two provisions bundled together differ enormously in scope. Repealing reproductive rights would affect the healthcare options available to a state with about 6.3 million people. The restrictions on gender transition care concern a small number of minors receiving highly specialized treatment.

Yet supporters want voters focused on the specter of children being used as lab guinea pigs, not the abortion rights the amendment would repeal. A new billboard in the St. Louis suburbs urges them to vote yes and “ban transgender surgeries for minors.”

A website for the political action committee behind the campaign, Her Health, Her Future — whose treasurer is Missouri first lady Claudia Kehoe — declares “OUR CHILDREN are not LAB EXPERIMENTS.” It says Amendment 3 would protect children from “harmful, sterilizing medical procedures” and restore “common sense health and safety standards” for women’s health clinics.

Neither message explicitly says that the amendment would repeal the constitutional right to abortion that Missourians approved two years ago.

Claudia Kehoe did not respond to requests for comment submitted to the governor’s office and the PAC. In a written endorsement posted on the Her Health, Her Future website, she called the amendment “a critical step toward strengthening our pro-life protections and safeguarding our state’s future.”

In response to a list of questions that ProPublica submitted to the governor’s office, a spokesperson defended the amendment using much the same language that critics call deceptive. The spokesperson emphasized protecting children from “sex-change procedures,” safeguarding women and restoring the state’s power to “regulate” abortion providers. The response did not acknowledge that Amendment 3 would repeal the constitutional reproductive rights Missourians approved in 2024 and replace them with an abortion ban that contains limited exceptions.

Polling suggests the strategy could work. A survey in February of Missouri voters by the SLU/YouGov Poll found that nearly 60 percent supported legal abortion during the first eight weeks of pregnancy. But 67 percent opposed gender transition medications for minors, and 73 percent opposed gender transition surgeries. Presented with the amendment’s provisions together, voters favored it 47 to 40 percent.

Rep. Brian Seitz, a Branson Republican who guided the amendment through the House, denied that supporters were trying to trick voters. He said the gender-affirming treatment was itself a reproductive issue because some procedures could affect a minor’s ability to have children.

Seitz also disputed that Missourians knowingly approved abortion rights through fetal viability in 2024. He said voters were primarily seeking exceptions for rape, incest, medical emergencies and fetal anomalies — not what he called “abortion on demand.”

The new amendment, he said, better reflects what voters intended.

Abortion rights supporters call that argument a pretext for restoring the state’s abortion ban. A coalition of groups called Stop the Ban has raised more than $5 million to try to explain what the amendment would do and persuade voters to reject it. That total includes $1.25 million contributed on August 3 by former New York City Mayor Michael Bloomberg.

Bloomberg’s office did not respond to a request for comment.

Republicans are always “moving a goalpost to sort of get their way, and it is my hope that actual patriots are growing tired of it,” said Rep. Raychel Proudie, a Democrat from Ferguson. “You shouldn’t have to do this if what you’re planning is righteous and in the best interest of people.”

The effort began with the ballot summary written by lawmakers. It did not tell voters that Amendment 3 would repeal the reproductive rights they had approved two years earlier. Instead, it said the measure would “guarantee access” to emergency care, “ensure women’s safety during abortions” and “protect children from gender transition.”

The summary also mentioned exceptions for rape and incest but omitted that they would apply only during the first 12 weeks of pregnancy.

Michael Wolff, a former chief justice of the Missouri Supreme Court who is advising the campaign against the amendment, said the language appeared to be “intended to deceive people into thinking that they were going to protect women having abortions.”

“If you just flat-out tell them that you’re going to repeal nearly all of the protection for reproductive health,” he said, “the people would vote no.”

A judge ruled the legislature’s summary unfair and ordered it rewritten. He later approved revised language written by Republican Secretary of State Denny Hoskins, a former state legislator who introduced a measure that became part of the 2023 law restricting gender transition care and has publicly endorsed Amendment 3.

But a state appeals court found Hoskins’ language still failed to explain the amendment’s effects and rewrote it to lead with the fact that it would “repeal the 2024 voter-approved amendment providing reproductive healthcare rights, including abortion through fetal viability.”

In an interview, Hoskins defended his initial choice to use the word “amend,” rather than “repeal,” because he felt it was more accurate. Asked how his endorsement of the new Amendment 3 squared with his duty to write neutral ballot language, he said his anti-abortion stance was no secret among Missouri voters.

“I can’t all of a sudden erase my conservative views of the past 16 years in the Missouri Legislature,” he said.

The intervention was hardly an isolated one. During Hoskins’ first 1.5 years in office, courts have rejected or rewritten five ballot summaries from his office involving abortion, education, the initiative petition process and a referendum on the state’s newly gerrymandered congressional map.

Hoskins said in an interview that the rulings reflected differences of opinion over what constitutes fair and accurate language, noting that the appellate courts had also sometimes rejected revisions made or approved by lower courts.

But the disputes have gone beyond language. Hoskins has also unilaterally blocked two citizen-led measures from reaching the November ballot. He rejected a proposed constitutional amendment that would make it harder for lawmakers to alter measures approved by voters, saying it was unconstitutional. And he refused to certify a referendum on Missouri’s new congressional map, drawn at President Donald Trump’s urging to help Republicans gain another U.S. House seat, declaring that putting a congressional map to a public vote would be unconstitutional.

Both campaigns sued in state circuit court, where a judge on Wednesday ruled for Hoskins in both cases. In the initiative case, the judge held that Hoskins had the authority to block an amendment from the ballot because it violated Missouri’s requirements that an initiative address a single subject and amend a single constitutional article. He also found that its restrictions on lawmakers’ ability to reconsider voter-approved policies was unconstitutional. And in the redistricting case, the judge agreed with Hoskins that voters cannot use the state’s referendum power to overturn the legislature’s power to redraw congressional maps.

Both cases are expected to reach the state Supreme Court on expedited appeals.

Hoskins said he disagreed with any suggestion that he and Republican leaders were defying the will of voters, noting they, too, had been elected. He criticized the opponents of Amendment 3 as “liberal special interest groups” financed by “out-of-state sugar daddies” like Bloomberg.

State Sen. Maggie Nurrenbern, a Kansas City Democrat, said Hoskins’ actions reflected a broader pattern of interfering with voters’ ability to use the ballot box to reject the Republican agenda.

“That’s quite frankly what is maddening to me, is that politicians over and over again are trying to trick voters,” she said.

Reprinted with permission from Pro Publica

Anthony Salisbury

Inside Trump's Chaotic And Failed Attempt To Prosecute Noncitizen Voters

It was late March when Joe Teirab, the second-in-command at Minnesota’s U.S. attorney’s office, received an urgent email from Washington.

The federal government was scrambling to find criminal cases to back up President Donald Trump’s claims that illegal voting by noncitizens was tipping the scales in American elections. Agents from Homeland Security Investigations, a massive federal law enforcement agency, had been dispatched to work leads across the country, including hundreds in Minnesota.

Teirab was already under pressure. In an earlier missive, Nick Davis, a high-ranking Justice Department appointee helping to lead the election fraud crusade, had reminded him the cases were so high priority that Teirab and his staff couldn’t decline to move forward on them without express approval from agency higher-ups. On March 24, Davis demanded a status report — within hours.

Teirab, a former Marine and a Harvard Law graduate who’d run unsuccessfully for Congress as a Republican, responded with a blunt reality check.

“Bottom line up front,” he replied in an email reviewed by ProPublica. After subpoenaing records on about 130 people, only one had been referred for prosecution, his staff had told him. Agents had deluged local election offices with calls and demands for voting histories, demonstrating “a complete lack of understanding” of illegal voting investigations.

“The HSI task force has been disjointed and disorganized,” Teirab wrote. The entire process, he said, had been “dysfunctional.”

Since Trump regained the White House, his administration has launched a series of unprecedented initiatives to find and prosecute voting by noncitizens, which he’s long claimed, without evidence, is rampant.

He’s stepped up this push in recent weeks, saying in a nationally televised speech that the American election system was “so vulnerable that no one can possibly defend it.” To support that assertion, the Department of Homeland Security, HSI’s parent agency, released documents asserting it had found more than 250,000 noncitizens on voter rolls in just four states, all led by Democrats. The documents included no explanation of how that number was calculated.

It’s well known the administration has tasked HSI — a force established to combat drug cartels, terrorism and other cross-border criminal enterprises — with leading the campaign to find election fraud cases in the United States.

But an investigation by ProPublica reveals for the first time how the Trump administration came to harness HSI’s personnel, technology and sweeping legal authority in service of its election agenda — and how meager the results have been, despite the prodigious resources sunk into the effort.

According to interviews and internal emails reviewed by ProPublica, career staffers at the Justice Department warned that transferring voter rolls to HSI to enable it to search for noncitizen voters could violate federal privacy laws. Similarly, longtime HSI insiders cautioned that using the agency’s databases and tools to search these lists would yield mismatches and wildly inflated results.

The administration plowed forward anyway.

HSI’s involvement in the hunt for election fraud traces at least to summer 2025, when agency supervisors embraced a proposal from a midlevel agent who’d publicly echoed Trump’s claims about elections. He argued the agency’s powerful databases and tools could find noncitizens even on the voter lists that states make publicly available, from which the most confidential information has been redacted. Under Trump, the Justice Department had collected many public voter rolls as part of a controversial effort to compel states to turn over the unredacted versions.

Those searches went forward, ProPublica’s reporting shows, helping to generate tens of thousands of leads regarding illegal voting across the country. But when HSI agents were sent to investigate them, the results were similar to what Teirab reported from Minnesota.

Between January 2025 and May 2026, a ProPublica analysis of Justice Department data shows, fewer than 150 alleged noncitizen voters were referred for prosecution. Even fewer — 41 — were charged with voting illegally or other election-related crimes. (More than 150 million people voted in the most recent presidential election.)

In response to questions from ProPublica, administration officials insisted the effort spearheaded by HSI was producing meaningful results.

“President Trump is committed to ensuring that Americans have full confidence in the administration of elections, and that includes totally accurate and up-to-date voter rolls free of errors and unlawfully registered non-citizen voters,” Abigail Jackson, a White House spokesperson, said in response to ProPublica’s request for comment. “Noncitizens voting is a crime. Anyone breaking the law will be held accountable.”

A DHS spokesperson didn’t answer questions about why so few prosecutions have resulted from HSI’s work. The agency wouldn’t specify what tools or techniques HSI had used, but confirmed it had cross-referenced “publicly available data” from state voter rolls with information on “known illegal aliens” in its systems. “It’s not rocket science,” the spokesperson wrote of this initiative in a response to ProPublica’s questions. “It’s an easy step to secure our elections.”

Teirab and the U.S. attorney’s office in Minnesota declined to comment.

There’s an array of reasons why Trump’s campaign to document claims of widespread voter fraud hasn’t succeeded. Most obviously, it’s exceedingly rare, as countless studies and state audits have found. Noncitizens often get on voter rolls by accident or when government officials make errors. Last month, New Jersey disclosed that a mistake involving its Motor Vehicle Commission caused 6,600 noncitizens to be registered (fewer than 400 voted).

The administration’s critics say its hunt for noncitizen voters aligns with Trump’s attempts to seek more federal control over elections while stoking doubt and fear about the voting process. Since taking back the Oval Office, Trump has tried to impose new restrictions on voter registration, mail-in ballots and voting machines, though judges have shut down most of these efforts.

Former officials at DHS and the Justice Department called the move to involve HSI a further escalation and questioned the propriety of aiming the agency’s muscle and technology at individual cases of illegal voting.

“It’s one thing if you’re going after Pablo Escobar,” said Steve Bunnell, a former DHS general counsel and senior intelligence adviser who handled voting fraud prosecutions during more than a decade at the Justice Department. “It’s another thing if you’re going after some cleaning lady who’s been working in the United States for 20 years and taking care of her 80-year-old mother and taking her little kids to church.”

“The Swiss Army Knife of Federal Law Enforcement”

Trump’s enlistment of HSI in his election fight is no accident. Cobbled together in the aftermath of 9/11, the agency has 7,100 armed, highly trained agents and another 800 criminal analysts, as well as access to troves of confidential data about hundreds of millions of Americans.

Though part of Immigration and Customs Enforcement, the agency has historically stayed out of immigration cases. During the first Trump administration, leaders of 19 HSI regional offices — virtually its entire top field hierarchy — signed a letter calling for HSI to become a standalone agency, arguing that ICE’s deportation work dissuaded people from cooperating with its investigations. But when Trump returned to the White House, it swiftly became clear that the agency would play a central role in investigations related to the president’s twin obsessions, illegal immigration and noncitizen voting.

Trump picked his field general for repurposing HSI even before taking the oath of office. In December 2024, he named Anthony Salisbury, a 50-year-old career agent who’d run the agency’s Miami office, as a deputy homeland security adviser, reporting to White House policy chief Stephen Miller. He was also given a dual appointment as head of HSI.

Salisbury was colorful: A mixed martial arts enthusiast, he once appeared at the agency’s headquarters with his face bruised and eye blackened from a recent bout. He’d sometimes entertain colleagues by pulling out a bridge that covers his missing front teeth.

To agency veterans, however, he was forever linked to a 2011 operation he’d overseen in Mexico in which one agent was killed and another wounded in a highway ambush by a drug cartel. An agency review submitted to Trump in April 2020 concluded that errors by HSI supervisors, including Salisbury, contributed to the outcome; it urged the administration to consider disciplinary action. None was taken against Salisbury, however.

Salisbury did not respond to requests for comment from ProPublica. A White House official called him “a critical member of the Trump administration” who was “cleared” in every review of the Mexico incident and was subsequently “promoted six times under multiple administrations.”

“It’s one thing if you’re going after Pablo Escobar. It’s another thing if you’re going after some cleaning lady who’s been working in the United States for 20 years and taking care of her 80-year-old mother and taking her little kids to church.”
Steve Bunnell, a former DHS general counsel and senior intelligence adviser

Once elevated to his new posts, Salisbury took charge of carrying out the second Trump administration’s agenda for HSI, personally issuing staffing directives, reassignments and promotions, current and former agency officials told ProPublica. (A number of them spoke on condition of anonymity out of fear of retribution.)

Starting in early 2025, Salisbury oversaw the unprecedented reassignment of more than 6,000 agents to immigration enforcement, diverting most of the agency from its normal duties. He then also pointed HSI at noncitizen voting, presiding over multiple meetings with officials at DOJ and Homeland Security focused on election fraud, according to emails reviewed by ProPublica and agency supervisors who worked with him.

“Stephen Miller has an HSI deputy for a reason,” said Eric Balliet, a high-level HSI manager who retired in 2024 after 23 years with the agency. (Like many HSI veterans, Balliet has remained in close contact with former colleagues.) “Salisbury is going to salute and execute, and he is going to make sure that from the HSI side, they fall in line, and there’s going to be no resistance or pushback. HSI has been turned into the Swiss Army knife of federal law enforcement.”

In early July 2025, Frank Quiñones, an HSI special agent who’d worked under Salisbury in Florida, approached leaders at the HSI Innovation Lab with an idea for using the agency’s technology to find noncitizen voters on state voter rolls, sources at the agency told ProPublica. Quiñones had been transferred to Washington to oversee a unit that had previously handled cases involving the theft of government benefits but that had been enlisted into voting investigations.

The lab, housed in an unmarked office in a D.C. suburb, had access to the government’s most sensitive databases, from suspicious activity reports to arrest records. Staffed by a combination of HSI experts and outside consultants, it developed software tools to comb the data for information that could help agents pursue criminal suspects.

Quiñones was a true believer in Trump’s claims about election fraud: In multiple Facebook posts and reposts, ProPublica found, he promoted claims that the 2020 presidential vote had been stolen. At a meeting with the Innovation Lab’s overseers, according to sources who worked in the lab, he pitched using the lab’s technology to identify illegal voters — even though the agency lacked voter rolls that included identifiers such as partial Social Security numbers. (Quiñones did not respond to ProPublica requests for comment.)

For proof of concept, Quiñones proposed using a February 2021 public voter list he’d obtained for New Jersey and running it through HSI’s databases. The lab staff viewed his idea as “a little insane,” one recalled — both unreliable and improper. Since the public rolls don’t include voters’ unique identifiers, people at the lab also knew linking them to HSI’s data would produce mismatches — what the staffer called an “ungodly” number of false positives. The lab team also worried about violating longstanding safeguards limiting use of private citizen data. They “didn’t want to touch this,” the staffer added. Quiñones defended his idea, repeatedly declaring: “The president wants this!”

Tom Hodge, an HSI data analyst at the meeting, proposed running the voter information through the Athena Toolbox, an analytical platform developed by the Sandia National Laboratories that had access to all of HSI’s databases. (Hodge did not respond to ProPublica requests for comment. Sandia referred ProPublica’s questions to the facilities’ parent agencies, including the Department of Energy, which did not respond to our requests.)

Hodge and the Sandia team spent the next six weeks on the project, reporting they’d found large numbers of noncitizens on Quiñones’ 2021 New Jersey list. According to one former HSI official, they said they’d found “5,000 high-confidence illegal voters” in just a single New Jersey county. (Officials at the New Jersey secretary of state’s office, which oversees the state’s voter rolls, declined to comment on the claim. Beth Thompson, head of a group for local New Jersey election officials, called the number impossibly high, even accounting for the mistake disclosed by the state.)

The apparent breakthrough couldn’t have come at a better time.

The Trump administration’s other efforts to identify noncitizens on state voter rolls were running into a variety of roadblocks.

The administration had hoped to persuade states to check their voters’ citizenship status using a system called the Systematic Alien Verification for Entitlements, or SAVE, but many didn’t. Most states also refused the Justice Department’s demands to turn over their unredacted voter rolls, including partial Social Security numbers, which thwarted the agency’s plan to run them through SAVE. Courts have stymied the DOJ’s attempts to sue for the records, citing the Constitution, which gives primary control over elections to the states.

In an Aug. 21 email to a half dozen administration officials, Quiñones touted the solution he’d brought to the HSI Innovation Lab: using HSI’s platform to search voter rolls. The results, Quiñones noted, could fuel both criminal and immigration investigations.

By the end of the month, those in top election-related roles at DHS and the Justice Department were actively promoting what they dubbed the “HSI Tool” as a preferred alternative to SAVE, according to people familiar with the matter. Among them was Heather Honey, the prominent election denier appointed as a senior counselor at DHS, who is helping lead the government’s efforts to identify noncitizens on voter rolls. (Honey did not respond to ProPublica’s requests for comment. In an email responding to questions to her, DHS said Honey’s “expertise in election administration” was “invaluable to the Department’s efforts to protect critical infrastructure.”)

The White House, too, got behind the idea. In a November email, J. Brian Sikma, special assistant to the president, excitedly noted that the New Jersey trial cross-checking voter rolls with DHS data appeared to have identified a “very significant number” of “potential non-citizens.” (Sikma didn’t respond to a request for comment.)

The DOJ, Sikma reported, had already obtained public voter rolls for many other states. He included a list of them, adding: “It is of paramount importance that these also be reviewed expeditiously.”

Running “Roughshod” Over Privacy

As the push to use HSI’s tech to search voter information gained momentum, a new problem emerged.

Career attorneys at the Justice Department, including specialists on privacy law, raised concerns that transferring voter rolls wholesale from the agency to DHS might not be legal, according to internal emails reviewed by ProPublica and interviews with several former officials.

The voter rolls the DOJ had collected contained sensitive information on millions of Americans. Even the public versions, which political parties and candidates routinely obtain to target ads and messages, included voters’ addresses, birth dates and party affiliations. For the 16 states that have agreed to share their unredacted voter lists, the DOJ had citizens’ partial Social Security numbers or driver’s license information, too.

Federal laws, particularly the Privacy Act, dictate what data government agencies can collect, what it can be used for, how it can be shared, and how it must be protected. Agencies have to disclose their plans in advance, gathering public comment. A person’s information can’t be released or shared without their consent, subject to limited exceptions.

From the outset, the Trump administration’s effort to combine data across federal agencies has repeatedly drawn criticism from courts and whistleblowers for failing to adhere to restrictions meant to keep data private and secure. In June, for example, a judge prohibited the government from using SAVE for mass searches, ruling the administration had violated federal privacy laws by giving DHS access to Social Security data to enhance the tool. The administration has appealed that ruling.

In July 2025, as word got around that the DOJ might hand over voter data to DHS, a half dozen career attorneys who had been reassigned into the voting section voiced their unease to supervisors, according to two former DOJ lawyers. Their concerns were disregarded, prompting most to resign.

Instead, the DOJ’s office of legal counsel pushed forward with plans to share the public voter rolls, claiming a Privacy Act exception allowed HSI to receive such data without public notice as long as it was for law enforcement purposes. DHS just needed to submit a letter officially requesting the data for those purposes, an attorney in the legal counsel’s office explained, according to internal emails.

But this exception was meant to be used to get information on individual criminal suspects, not to gain mass access to data on people suspected of no wrongdoing, according to Nikhel Sus, chief counsel for Citizens for Responsibility and Ethics in Washington, which has sued the Trump administration on behalf of voter and pro-privacy groups, filing the case that eventually limited SAVE’s use.

“[Anthony] Salisbury is going to salute and execute, and he is going to make sure that from the HSI side, they fall in line, and there’s going to be no resistance or pushback. HSI has been turned into the Swiss Army knife of federal law enforcement.”

Eric Balliet, a former high-level HSI manager

Peter Winn, a 29-year Justice Department veteran who had served as the agency’s acting privacy chief for nearly a decade, drafted a letter to set out the data-sharing agreement between the DOJ and DHS, according to internal documents reviewed by ProPublica.

In a Feb. 12 email to two top DOJ officials, he said he’d rewritten an initial draft memo to “make the information sharing arrangement far easier to defend, if and when it is challenged in court.”

Rather than simply handing over the voter rolls, Winn proposed having DHS request “pertinent and relevant” information about specific people from the DOJ, then having technical staff at Justice and Homeland Security “coordinate” to fulfill the requests.

“Having slept on it,” Winn wrote, “I ended up deciding that our initial idea of sending a huge amount of raw unprocessed voter registration data to DHS, involved taking far too much unnecessary legal risk, given that 99% of the data would implicate the privacy and civil liberties of United States Citizens, and would risk adding to the false narrative in the establishment press of DOJ and DHS being unconcerned with the privacy and civil liberties of Americans.”

Winn attached his proposed letter, to be signed by Todd Lyons, then the acting director of ICE.

Winn’s suggested restrictions were quickly abandoned, however. A second draft of the letter, dated March 4, contained altered language providing that the voter information would be “transferred” to HSI, with one exception: Voters’ party affiliation would be redacted, if possible, it said.

The final letter, signed by Lyons and sent to the DOJ just two days later, abandoned even that limitation. Just three paragraphs long, it permitted HSI to use the voter rolls to pursue any “appropriate investigation of potential violations of federal election law.”

In response to questions from ProPublica, Winn said “I can’t really comment on internal drafts of correspondence.”

A Justice Department spokesperson defended the government’s actions, saying “no one should oppose intergovernmental data sharing and coordination that enable swift investigations and prosecution of illegal alien voting.” DHS echoed the DOJ’s view, calling such information sharing “essential to protecting America’s election process by keeping noncitizens off voter rolls” and “an easy step to secure our elections.”

Sus said that by pooling voters’ sensitive personal identifiers, along with their party and voting histories, the administration has “run roughshod” over privacy laws and is creating a “1984-style database” that could be used to surveil political participation.

CREW filed a lawsuit in April on behalf of the nonprofit advocacy group Common Cause that argues it’s illegal for the administration to use the law enforcement exception to justify mass sharing of voter information.

Balliet, the former HSI agent, expressed similar concerns, saying that handing over voter rolls to run through DHS’ systems amounted to “a mass data-collection effort by the government against its own citizens in a non-criminal setting.” On a practical level, he added, the data sharing increased the risk of breaches that can open law-abiding citizens up to identity theft.

“As a citizen, I want the government to take seriously the protection of my private data,” he said. “If it falls into the wrong hands, it’s not the government that suffers. It’s me.”

Collapsing Claims

By January 2026, scores of HSI agents were fanning out across the country to investigate thousands of leads about illegal voting.

About 25,000 of them involved people SAVE had identified as potential noncitizens on state voter rolls. Another 15,000 were given to HSI’s cross-border financial crimes unit, which was told to prioritize them over money laundering and fraud cases, a former high-level HSI official said. Quiñones’ unit led a separate effort to find additional cases by reviewing whether people who’d recently become citizens had voted before they were naturalized, then lied about it in naturalization interviews.

Still more leads came from running public voter rolls through the HSI lab’s databases, though it’s not clear how many. Agency sources told ProPublica that the rolls of New Jersey and Pennsylvania were searched using the Athena Toolbox. When DHS announced it had found more than 250,000 noncitizens on the registered voter lists of four Democrat-led states, it said that included “as many as” 35,152 in New Jersey and 14,576 in Pennsylvania. Both states have asked DHS to provide the source of the numbers.

Once federal investigators started digging into these cases, however, they often fell apart.

Through May, prosecutors had charged fewer than four dozen people with crimes related to noncitizen voting, ProPublica’s analysis of DOJ data and federal court filings shows, getting convictions or guilty pleas in 14 cases.

The largest cluster of cases was brought in the Southern District of Florida, headed by Jason Reding Quiñones (no relation to the HSI agent), a staunch Trump ally who has led investigations of the president’s political opponents. Voters have been sentenced in eight of the office’s cases; seven others are pending.

Prosecutors have initiated a total of seven noncitizen voting cases as of May in the four states where DHS claimed to have found more than a quarter million noncitizens on the rolls. Collectively, these states have more than 40 million registered voters.

Overall, the paltry numbers reflect the realities HSI investigators confronted on the ground as they tried to convert leads into cases, a ProPublica review of records obtained by voting-advocacy groups Campaign Legal Center and Democracy Forward shows.

Emails between agents and local election officials in Texas and Ohio indicate much of the federal information on purported noncitizens was inaccurate, the consequence of flawed data matching. When agents demanded voting histories and registration forms, they often discovered people weren’t registered in the counties where HSI thought they were. When voters register, they must attest that they are U.S. citizens; agents found some, however, who’d been put on voter rolls in error after disclosing they weren’t citizens. Many had never voted.

“Our initial idea of sending a huge amount of raw unprocessed voter registration data to DHS, involved taking far too much unnecessary legal risk, given that 99% of the data would implicate the privacy and civil liberties of United States Citizens.”

Peter Winn, a Justice Department veteran, in an email urging limits on data sharing that were not adopted

Most HSI agents, steeped in pursuing complex international crimes, had no experience in pursuing voting fraud. In his email to Nick Davis at the Justice Department, Teirab, the top deputy in Minnesota’s U.S. attorney’s office, described the chaos that ensued when the state and at least six counties got subpoenas for voters’ records. The demands “presented a host of issues,” Teirab wrote to Davis. (Davis did not respond to a request for comment.)

“An unknown number of agents are constantly arriving in Minnesota without any knowledge of the investigation, the issues already discussed and decided, and the processes they need to follow,” Teirab complained. “Instead of getting up to speed and learning, they have demanded many calls and subpoenas, most of which demonstrate a complete lack of understanding of the investigation.”

In Stearns County in central Minnesota, HSI agents subpoenaed voting histories on 13 people, county officials told ProPublica. Only six turned out to live there.

Minnesota Secretary of State Steve Simon, a Democrat, said the effort revealed federal investigators’ ignorance about “the nuance of elections administration.” The rate of purposeful election crime is “microscopic,” he said. “The very human errors that can happen are not some sort of plot or scheme to dirty up the voting rolls, but are just everyday human beings making mistakes, not intending at all to violate any law.”

As of May, only one illegal voting case has been referred for prosecution in Minnesota. The state has more than 3.8 million registered voters.

Even Republican-led states like Ohio, which has shared its unredacted voter rolls with the DOJ and run them through the SAVE system, have struggled to meet Trump administration demands to deliver cases.

In October, the Ohio secretary of state referred more than 1,000 voters identified as possible noncitizens to the federal government, claiming 167 had voted at least once since 2018. At least nine HSI agents in Cincinnati and Cleveland began to investigate, emails obtained by Campaign Legal Center and shared with ProPublica show.

The agents bombarded local election officials with requests for voting histories and other records, some dating back decades. “Sorry again for piecemealing these to you,” one agent wrote to an official in Butler County, outside Cincinnati, after making five separate requests over two weeks. Mohamed Al-Hamdani, a Democratic member of Montgomery County’s Board of Elections, which received similar inquiries, said they amounted to “witch hunts” that ate up staff time.

In February, Davis sent an email pressing Ohio’s two U.S. attorneys’ offices for an “election integrity” update, asking: “How close are we to complaints/indictments, how many subjects, what issues you’ve run into, how many referrals have been closed and why, how helpful HSI has been.”

As of May, just two voting cases had been referred for prosecution in Ohio and no one had been charged, federal data shows. The state has nearly 8 million voters.

In the past, it was uncommon for federal prosecutors to pursue charges against noncitizen voters who didn’t understand that it was against the law for them to vote. Without evidence of a coordinated effort or plot, it didn’t make sense to put resources into such prosecutions, a former DOJ official who oversaw election cases said.

Now, however, U.S. attorneys’ offices are taking a different approach, pursuing prosecutions that could result in prison terms or deportation.

In May 2025, federal prosecutors in Florida filed illegal voting charges against a mother and daughter, both Ukrainian citizens, who’d registered after becoming permanent U.S. residents, then voted in the 2024 presidential election. They’ve pleaded not guilty, with the mother saying in an interview with investigators that she thought having a green card meant she could vote. They and their attorneys didn’t respond to requests for comment from ProPublica. The prosecutor handling the case for the Southern District of Florida also didn’t respond to questions. The mother and daughter are scheduled to go to trial in September.

“Far-Reaching Consequences”

Experts on both elections and national security warn there may be profound longer-term costs to unleashing the federal government’s investigative and prosecutorial might to try to prove the president’s claims about noncitizen voting.

Current and former HSI agents say critical investigations — including task forces aimed at drug rings, human trafficking and money laundering — have languished as the agency has pivoted to take on noncitizen voting and immigration enforcement.

In February 2026, according to court files and emails reviewed by ProPublica, an HSI agent in Ohio who’d been leading a multistate child sex abuse investigation was abruptly assigned to pursue dozens of leads on suspected noncitizen voters, work that took months. It wasn’t until May that he made an arrest in the other case. Prosecutors have filed child exploitation and pornography charges against the man, 38, in connection with acts involving at least five 14-year-old girls.

Cases like this “don’t just stop,” said Balliet, the 23-year HSI veteran. “When you pull people off them for an extended period of time, those criminal networks will adapt, and people get killed and kidnapped.”

Federal data hints at a broader slowdown in what had been HSI’s most urgent work. According to an annual government report, the number of wiretaps obtained by DHS — often to investigate drug trafficking — plummeted to 23 in 2025, from 133 the previous year. In the report, DHS attributed the decline to several factors, including “changes in administration enforcement and prosecutorial priorities.”

“It’s never been a better time to be involved in transnational organized crime,” said John Tobon, a high-ranking HSI official who retired in early 2025.

“The very human errors that can happen are not some sort of plot or scheme to dirty up the voting rolls, but are just everyday human beings making mistakes, not intending at all to violate any law.”
Minnesota Secretary of State Steve Simon

In its statement, DHS denied HSI has neglected its core mission, saying the agency has increased its efforts to combat criminal cartels, gangs and drug traffickers in response to multiple Trump executive orders.

Though HSI’s voting-related investigations have yielded only a small number of prosecutions, voter advocacy groups worry the Trump administration will use them to justify more extreme interventions.

Its latest tactics include threatening to withhold funds from states it says are refusing to check their voter rolls for noncitizens and saying it will prosecute state election officials who “knowingly” fail to remove noncitizens. Trump has also continued to press Congress to enact the SAVE America Act, which would require people to provide proof of citizenship when registering to vote, a measure advocates have criticized as a barrier to voting. Democrats are preparing for the prospect of federal troops being sent to the polls to intimidate voters.

“Those concerns are playing out in real time, with far-reaching consequences,” said Dax Goldstein, a director at the States United Democracy Center, a nonprofit group that works to build confidence in elections. “When federal agencies are misused and weaponized, people lose trust in government itself.”

Brendan Carr

FCC Commissioners Face Ethics Complaints For Taking Luxury Gifts From Paramount

Two government watchdog groups have demanded investigations into whether Federal Communications Commission members violated ethics requirements by accepting luxury gala tickets from Paramount as the company sought government approval for its $111 billion acquisition of Warner Bros. Discovery.

The complaints filed by Democracy Defenders Fund and Citizens for Responsibility and Ethics in Washington cite a recent ProPublica investigation that detailed how CBS or its parent company, now Paramount, have for years given FCC commissioners tickets to the Kennedy Center honors gala, which the television network sponsors. The commissioners accepted the gifts even as the FCC was reviewing or about to review major Paramount business decisions, including two megamergers.

Commissioner Olivia Trusty’s most recent financial disclosure said Paramount gave her two tickets to the December 2025 honors gala that together were worth more than $12,000. Trusty was one of two commissioners who voted last year to approve Paramount’s merger with another media company, Skydance.

ProPublica’s investigation found FCC members had long enjoyed a night out at the Kennedy Center courtesy of CBS or its parent company. Seven of the 10 commissioners who served since 2016 accepted tickets worth more than $260,000, according to a ProPublica analysis of ethics disclosures.

FCC Chair Brendan Carr’s financial statements show he has reported accepting honors gala tickets from CBS or its parent company eight times since his 2017 appointment to the commission, totaling over $75,000 in gifts.

Carr, who also voted in favor of the Paramount-Skydance merger last year, sat with his wife in a private skybox at the December gala with Paramount CEO David Ellison and other executives from Paramount and CBS. Such seats sold for $125,000 a ticket, according to Kennedy Center guidelines.

Carr disclosed on his latest financial statement that he accepted tickets from Paramount for himself and a guest to the 2025 gala and reception worth $12,390. Carr did not respond to a request from ProPublica to clarify the apparent difference in value between those tickets and the skybox seats.

The FCC only released Carr’s disclosure late on Friday, more than a month after ProPublica had first requested it. The document says the agency certified it on June 22.

Federal ethics rules ban employees from taking gifts from any entity that does business with, is regulated by or seeks official action from their agency.

“The federal gift regulations and the gratuities statute exist to ensure that government decisions are made on the merits, free from the influence of private benefits,” the Democracy Defenders Fund said in its complaint. “The public must have confidence that the FCC’s merger review process is not compromised by self-dealing or the appearance of impropriety.”

Carr, Trusty and the FCC did not respond to requests for comment. The agency’s inspector general declined to comment. An FCC spokesperson previously told ProPublica that agency ethics officers have for years cleared commissioners to accept the tickets, finding it consistent with ethics law. And Paramount’s chief of communications said it was a decades-long “CBS practice to invite government officials from both parties” to the Kennedy Center show. Carr last year defended the FCC’s approval of the Paramount merger with Skydance, saying it “advances the public interest.”

The FCC’s review of the Paramount-Warner Bros. merger is one of the final federal hurdles facing a historic consolidation of two of the five largest film studios in Hollywood. The deal would unite Paramount Skydance with Warner Bros., bringing under the control of one company Paramount+ and HBO Max streaming services; CBS and CNN; and scores of other major broadcast channels, cable networks and digital platforms.

Four ethics experts told ProPublica that by accepting the tickets, Trusty and Carr had compromised the FCC’s impartiality and should not take part in any upcoming decision on Paramount’s proposed merger.

The Democracy Defenders Fund — led by Norman Eisen, former ambassador to the Czech Republic and White House ethics czar under President Barack Obama — filed its grievance on Thursday with the federal Office of Government Ethics, the FCC’s inspector general and the FCC’s ethics office.

The group said the investigation should examine whether Carr and Trusty broke rules on accepting gifts or broke criminal laws prohibiting federal officials from accepting illegal gratuities.

Carr and Trusty should be required to repay Paramount the “fair market value” of any improper gifts and the federal ethics agency should refrain from certifying Carr’s annual disclosure report until he can prove that he has complied with ethics laws, Democracy Defenders Fund wrote. Its letter to the FCC and the Office of Government Ethics also requests that Carr be disqualified from further participation in the commission’s decision on the Paramount-Warner Bros. Discovery merger.

The nonprofit organization noted that hours after last year’s honors gala ended, Paramount announced it was launching its hostile takeover bid of Warner Bros. Discovery, a move that would later result in a merger agreement that requires FCC approval. About three months later, Carr publicly endorsed the deal on CNBC, promising swift approval.

“The facts that have been reported raise serious questions about the integrity and impartiality of FCC Chairman Carr in particular matters involving Paramount,” including the attempted merger with Warner Bros. Discovery, the letter said.

Citizens for Responsibility and Ethics in Washington, the other group that filed a written protest, requested an FCC inspector general probe of the luxury gifts.

“The reported gifts to FCC officials from businesses that are not only subject to agency regulation but presently engaged in billion-dollar mergers and acquisitions that must be approved by the commissioners themselves are extremely concerning threats to the integrity of FCC operations,” the CREW letter stated.

CREW, founded in 2003 as a nonpartisan organization dedicated to government accountability and ethics, is headed by Donald K. Sherman, a former House Ethics Committee attorney and special assistant to President Joseph Biden.

“Government officials have the power to make decisions that impact huge swaths of the American people,” Sherman said in a statement about the organization’s demand for an inspector general investigation. “With this tremendous power comes a higher ethical standard that apparently wasn’t met. The IG can and must get answers for the public.”

The proposed merger between Paramount and Warner Bros. Discovery has drawn a flurry of legal opposition.

California, New York, and ten other states filed a lawsuit seeking to block the merger under federal and state antimonopoly laws. The Writers Guild of America, the Freedom of the Press Foundation, and the Public Interest Project filed similar court challenges in recent weeks.

Paramount has recently agreed to pause its merger until the litigation is resolved or until June 1, 2027, whichever comes first.

Reprinted with permission from ProPublica

Brendan Carr

FCC Officials Took Paramount's Pricey Gifts While Company Sought Deal Approval

Reprinted with permission from ProPublica

The rich and famous who filed into the Kennedy Center’s opera house in December were there to enjoy one of the nation’s most exclusive celebrations of the performing arts: the center’s annual honors gala.

The black-tie event, hosted by President Donald Trump, prioritized tickets to people who donated more than $75,000 to the center. This year, it feted Hollywood icon Sylvester Stallone, the legendary glam rock band Kiss and the Grammy Award-winning disco pioneer Gloria Gaynor.

Among the attendees that evening were two lower-profile government officials whose regulatory decisions had been crucial to the future of the gala’s broadcast sponsor, CBS, and its parent company, Paramount.

Five months earlier, Federal Communications Commissioner Olivia Trusty cast a decisive vote approving Paramount’s historic $8 billion merger with Skydance Media. Now, the commissioner and a guest enjoyed the star-studded celebration thanks to tickets gifted to her by Paramount worth more than $12,000, according to ethics disclosure records obtained by ProPublica.

The other commissioner who approved the merger watched from a prized perch. FCC Chair Brendan Carr and his wife sat in a private skybox with Paramount CEO David Ellison and other executives from Paramount and CBS. Such seats sold for $125,000 a ticket, according to Kennedy Center guidelines.

It’s unclear if Paramount gifted Carr the premium seats because the FCC has yet to make public his financial disclosure for last year.

However, past disclosures show Carr and Trusty are among seven FCC commissioners who have accepted Kennedy gala tickets from CBS or its parent company over the last decade. Ethics experts told ProPublica this poses a blatant conflict of interest since the commission regulates the network. Carr’s previous financial statements show he has accepted tickets at least seven times since his 2017 appointment, totaling over $63,000 in gifts.

Last December’s ceremony attended by Trusty and Carr took place as Paramount was launching a hostile takeover bid for Warner Bros. Discovery, a move that would later result in a merger agreement that requires FCC approval.

Federal ethics rules ban employees from taking gifts from any entity that does business with, is regulated by or seeks official action from their agency.

Four ethics experts told ProPublica that by accepting the premium tickets Trusty and Carr compromised the FCC’s impartiality and should not take part in any upcoming decision on the merger.

“There’s no way that any top federal regulator should ever, ever accept a gift from a regulated company with interests their work will foreseeably affect,” said Walter Shaub, who led the federal Office of Government Ethics from 2013 to 2017. “The appearance of taking gifts like that is terrible. What’s at stake is nothing less than the public’s trust in government.”

Virginia Canter, who served as an ethics lawyer at the White House, Treasury Department, and Securities and Exchange Commission during the presidencies of George H.W. Bush, Bill Clinton, George W. Bush and Barack Obama, said the commissioners who accepted tickets cannot participate in this matter without damaging the integrity of the government’s decision-making process.

“This is shocking. Pretty disturbing, that’s what I would say. I just don’t understand what they were thinking,” said Canter, who now works as chief counsel for ethics and corruption at the nonpartisan government watchdog group Democracy Defenders Fund.

The FCC’s review of the merger is one of the final hurdles facing a historic $110 billion consolidation of two of the five largest film studios in Hollywood. The deal would unite Paramount Skydance with Warner Bros., bringing under the control of one company Paramount+ and HBO Max streaming services; CBS and CNN; and scores of other major broadcast channels, cable networks, and digital platforms.

The new megacorporation, which could reshape how millions will access news, movies, sports and video games, faces fierce opposition from inside and outside Hollywood. More than 5,000 actors, producers and entertainment workers — including stars such as Robert De Niro, Javier Bardem, Joaquin Phoenix and Glenn Close — signed an open letter decrying how the consolidation would eliminate jobs and compromise “the integrity, independence, and diversity of our industry.”

On Monday, California, New York and 10 other Democratic states filed a lawsuit seeking to block the merger under federal and state anti-monopoly laws.

American and international regulators are evaluating the deal for its potential national security implications and impacts to consumers worldwide. Last week, the British government signaled it planned to investigate whether the new entertainment titan that would emerge from the union would unfairly stifle competition. The FCC’s ongoing review includes examining the Middle Eastern sovereign wealth funds backing the deal, including from Saudi Arabia, Qatar and Abu Dhabi.

The FCC usually has five commissioners — all appointed by the president and confirmed by the Senate to serve five-year terms — but the agency currently has only three. Any vote by the full commission would likely be decided by Republicans Carr and Trusty over Democrat Anna Gomez. Gomez was not at the December 2025 show but has accepted tickets from Paramount in the past. Because the FCC requires a three-commissioner quorum for a vote, any recusal could leave the panel unable to decide on the merger. Carr could decide to ask staff to approve the deal rather than bring it to a commission vote, but the ethics experts said he should recuse himself from any decisions affecting the Paramount merger.

The experts warned the commissioners’ gifts might become central in legal challenges and said the Justice Department should investigate potential violations of federal rules or laws.

Neither Carr nor Trusty responded to ProPublica’s requests for comment. Gomez said in a statement that she followed agency advice when she attended the event in 2023 and 2024. Her statement did not elaborate or otherwise address why taking gifts from Paramount did not pose a conflict of interest.

An FCC spokesperson said agency ethics officers have for years cleared commissioner appearances, finding it consistent with ethics law.

“FCC Chairs and officials have attended the same event, in the same ways, consistently from the Trump Administration to the Biden Administration to the Obama Administration,” the FCC said in a statement. “There has been no change in recent years.”

Shaub called the justification outrageous.

“It’s no excuse to say that you took the gift because everyone else was doing it or that your agency has had a bad habit of indulging in gift taking for a long time,” Shaub said. “That kind of explanation doesn’t work for school children, and it sure as hell doesn’t work for government officials who are supposed to have better judgment than a fifth grader.”

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Vowing To Crack Down On 'Illegal Voting,' Paxton May Have Violated Texas Election Law

Vowing To Crack Down On 'Illegal Voting,' Paxton May Have Violated Texas Election Law

"This story was originally published by ProPublica.

Two weeks before this year’s primary elections, Texas Attorney General Ken Paxton announced the creation of a tip line for the public to report people or groups suspected of voter fraud.

“Free and fair elections are a cornerstone of a thriving republic, and with the authority granted to my office by the Legislature, we will stop at nothing to uncover and stop any illegal voting activity,” Paxton said in a February news release announcing the tip line.

The announcement linked to guidance from his office about election laws in Texas, which included a requirement to be a U.S. citizen, a prohibition on collecting mail ballots on behalf of others and a warning that “it is illegal to misrepresent your residence on election records or to establish a residence for the purpose of influencing the outcome of an election.”

“You must register to vote using the address where you reside,” the attorney general’s guidance stated.

Despite his own warnings, Paxton appears to have used an address where he did not live while voting in six elections in the past two years, including in May’s runoff that made him the Republican nominee for U.S. senator, according to records obtained by ProPublica and The Texas Tribune.

State Sen. Angela Paxton said in a 2025 divorce filing that Paxton, whom she accused of adultery, moved out of their Collin County home a year earlier. But Paxton continues to list the home’s address in the northern Dallas suburb on his voter registration. Angela Paxton declined to be interviewed. A source close to the Paxtons said the attorney general has not moved back into the home since leaving.

It is unclear where Paxton has lived for the past two years, but reporting by ProPublica and the Tribune has linked him to a home in neighboring Denton County since February.

Three election lawyers told the news organizations that Paxton may have violated the same Texas laws his office cautioned about in its news release.

ProPublica and the Tribune reached out to Paxton’s campaign on June 3, 15 and 25, asking why he remained registered to vote in Collin County when he appeared to no longer live there and about his connection to the Denton County property. A reporter also left a voicemail on his personal cellphone on June 25. The news organizations sent his government office and campaign staff an email on Monday with a detailed list of questions, including a request for Paxton’s response to election lawyers’ belief that he may be violating the law.

Paxton and his office did not reply until Monday’s email. Campaign spokesperson Madison Cercy did not answer the questions from the news organizations. Instead, she issued a statement saying that the attorney general has been “a national leader on election integrity, with a long record of defending Texas elections.” Cercy said that “attempting to insinuate otherwise and tear him down with a baseless, lie-filled tabloid story is not real reporting.”

Asked twice to provide specifics about what they believed was inaccurate, the campaign did not respond.

Voting in an election when the voter is ineligible is a second-degree felony under Texas law and is punishable by up to 20 years in prison and a fine of up to $10,000. But prosecutors rarely bring cases challenging individual voters’ residency claims because they are hard to prove, the election lawyers said.

State courts have repeatedly ruled that there is no single way to determine where someone lives, and judges must consider multiple factors, such as where a voter sleeps or stores personal belongings. Prosecuting such cases also requires proof that a voter “knowingly” or “intentionally” broke the law.

Even if it’s clear that someone doesn’t live at the address where they are registered to vote, state law allows them to remain registered if their absence is temporary and they intend to return. The provision is commonly used by college students and military service members.

“So long as you truly intend to return, I think you’re fine,” said Beth Stevens, an election lawyer who worked for the Harris County clerk and the Texas Civil Rights Project. “When you start doing things that suggest, ‘Oh, I’ve fully moved. I’m just wink-wink saying I intend to return,’ that’s when you get into questionable territory.”

Paxton’s public and contentious split from his wife could make it difficult to argue that he intended to return to the home they own and where she continues to reside, said David Becker, a former voting rights lawyer for the Justice Department.

“I think there would be questions raised about a residence where someone does not live, does not spend the night and can in no way have the intent to continue to reside. Those would probably raise red flags in any state,” Becker said.

Becker, who is now the director of the Center for Election Innovation and Research, a Washington, D.C.-based nonprofit that works to build public trust in elections, added that the situation is particularly problematic because Paxton’s job is to enforce election laws.

“Certainly, the chief law enforcement officer of the state of Texas, someone who has made claims about election integrity and made it a priority of his office, should be charged with knowing the laws of residencies of the state of Texas with regard to voting,” Becker said.

Paxton has advocated for strict enforcement of the state’s election fraud law, including in cases against voters his office alleged had falsified records about where they lived. In 2018, the attorney general’s voter fraud unit arrested nine people on suspicion of using residential addresses where they did not live to vote in a municipal election in Edinburg, in the state’s Rio Grande Valley. County prosecutors, acting on behalf of Paxton, later dismissed the charges after failing to secure a conviction against the mayoral candidate they alleged had encouraged those voters to register at false addresses. The candidate, Richard Molina, said he was innocent and said the prosecution was politically motivated.

Clark Birdsall was not the attorney on those cases but defended another resident whom Paxton prosecuted for illegal voting. Birdsall was stunned that the attorney general appears to have voted under an address where he does not live.

He called it “especially egregious that someone such as Ken Paxton appears he’s not conforming to the law.”

State privacy laws allow some politicians and law enforcement officials to shield their voter registration information from public view. Paxton does not do so. His opponent in the Senate race, Democratic State Rep. James Talarico, does. Talarico’s campaign said he lives and is registered at the north Austin home he purchased in 2022. ProPublica and the Tribune were not able to independently confirm this.

Paxton’s campaign did not raise any issues with Talarico’s voter registration. In her statement to ProPublica and the Tribune, however, Cercy said, “Talarico has actively campaigned against voter security measures” and has said he opposes voter identification requirements. She pointed to a 2021 Fox News interview in which the state representative said he opposed voter identification rules that would require Texans to provide their driver’s license number or partial Social Security number for mail ballots. Talarico said hundreds of thousands of Texans, who don’t drive, lack a driver’s license. He did not directly answer a question about Social Security numbers during the interview.

The Talarico campaign did not respond to a request for comment.

Paxton’s living arrangements since he separated from his wife are not public, but information obtained by ProPublica and the Tribune offers some indication of where he may have been residing since February.

In mid-February, a trust bought a 5,000-square-foot home listed for $2.4 million in a gated community in Denton County, according to the appraisal district and the seller’s real estate agent. The trust did not disclose its ownership to Denton County officials. Trusts are not required to by law, a spokesperson for Travis County’s appraisal district said.

Paxton shares a separate blind trust with his wife, Angela, that they have used to purchase property and other assets. For years, the address listed for that blind trust had been an office building in Collin County. But that address was changed to the Denton County home a week after the property was purchased.

Angela Paxton said through a spokesperson that she has no connection to the Denton County home or the trust that purchased it. The trustee of the Paxtons’ trust, family friend Chip Loper, did not respond to questions about the address change.

In June, a reporter knocked on the door of the Denton County home. No one answered. When the reporter placed a letter for Paxton in the mailbox, an envelope addressed to Warren Paxton, the attorney general’s given name, was visible.

Later that week, Paxton appeared on a podcast with Texas Lt. Gov. Dan Patrick. Video from the podcast showed Paxton seated in front of a fireplace and mantle that were nearly identical to those depicted in the home’s online real estate listing. One resident also told the newsrooms that they spotted Paxton in the gated community.

Separately, the Daily Mail reported in May that Paxton had moved into the Denton County home with Tracy Duhon, whose extramarital affair with Paxton, the news outlet said, prompted his wife’s divorce filing. The Daily Mail also published a video of Paxton and Duhon that it reported was taken at an airport in Iceland in late June. The video was quickly seized upon by Talarico, who depicted Paxton as out of touch with Texans. Duhon did not respond to questions about her connection to the Denton County property or about the Daily Mail reporting.

Paxton is not registered to vote in Denton County, voter rolls show. Instead, since February, he has voted in Collin County twice: once in the March Republican primary and once in the May runoff. Each Texas county elects its own slate of local officials, which is why state law requires voters to register where they live.

Ekow Yankah, a law professor at the University of Michigan whose expertise includes election law, said Paxton’s voter registration situation should remind the attorney general of what studies have consistently shown: that intentional illegal voting is rare.

“You would think that somebody who’s going through this would learn a little bit of humility that lots of things which look on their face, like technical violations of the law, are usually explained by totally ordinary things,” Yankah said. “It’s only if you’re utterly cynical and ignore all the evidence that you make a claim that, in fact, these cases are attributable to nefarious criminal intent.”

Paxton cannot claim ignorance of the law because he enforces it, said Joshua Blank, research director of the Texas Politics Project at the University of Texas at Austin. In fact, as attorney general, Paxton should avoid even the appearance that he is not following the law, Blank said.

“We expect these laws to be understandable by ordinary citizens,” Blank said. “When our elected officials who are tasked with passing and enforcing these laws exhibit troubles in engaging with the voting process themselves, that raises serious questions.”

'No One Is Watching': How Trump Reversed Biden’s Crackdown on Gun Trafficking

'No One Is Watching': How Trump Reversed Biden’s Crackdown on Gun Trafficking

This story was originally published by ProPublica

Marianna Mitchem grew up in the Denver suburbs, where she played high school soccer. One day in April 1999, her team faced off against a nearby rival, Columbine High. The next day, two teenagers went on a shooting rampage at Columbine, killing more than a dozen people.

The massacre left an imprint on Mitchem. After graduating from Providence College, she joined the Bureau of Alcohol, Tobacco, Firearms and Explosives. “Fearing for my friends and watching what was happening — you don’t forget things like that,” she told me. “I wanted to make a difference.”

She started in the ATF’s Denver office as an industry operations investigator, the bureau’s term for inspectors who ensure that firearms dealers are conducting the required background checks on buyers and maintaining sales records. When the bureau found discrepancies, it tended to settle for reprimands and improvement plans, rarely going so far as to revoke a dealer’s license.

In 2021, things started to change. The country was experiencing a surge of deadly violence, with homicides up more than a third since 2019, and the administration of President Joe Biden was desperate to reverse the trend. For years, data had shown that a large share of guns used in shootings came from a small fraction of dealers, and that guns that were trafficked — sold by stores to straw purchasers (people other than the intended users) or resold on the street — were far more likely to be used in shootings.

Acting on this data, the administration in June 2021 announced what became known as “zero tolerance”: Dealers found to be willfully violating the law would lose their licenses, period. Revocations spiked, from fewer than 50 in 2019, 2020 and 2021 to a record 181 in 2023.

Also in 2021, Biden’s attorney general, Merrick Garland, started urging federal prosecutors to prioritize gun violence. A year later, Congress passed a law that added a firearms trafficking conspiracy charge to the federal criminal code, a crucial new tool for prosecutors.

After 2021, the homicide rate started falling, which criminologists attributed to several factors, including repair of the social fabric since the coronavirus pandemic and a closing of the breach in police-community relations that followed the 2020 murder of George Floyd. One other factor got less attention: the clampdown on the illegal flow of firearms.

The Biden administration struggled to broadcast its gains on public safety, and Donald Trump won election in 2024 partly by vowing to restore order. By the time Trump reentered the White House, Mitchem had risen to associate assistant director for industry operations, overseeing inspectors across the country. “We were making incredible progress on trafficking, on violent crime,” she said late last year.

But the Trump administration, driven both by gun-lobby advocacy and its own political priorities, quickly set about undoing much of its predecessor’s moves to combat gun violence. It repealed the zero-tolerance policy, going so far as to invite revoked dealers to reapply for new licenses. It shifted hundreds of ATF agents to immigration work. And it scaled back on prosecutions for gun trafficking. The White House declined to comment, referring questions to the ATF and the Department of Justice.

The homicide rate fell further last year, but criminologists warn against complacency, because the illicit gun trade is a classic pipeline problem: The harm can take a while to make itself felt. Research has found that the typical “time to crime” for trafficked firearms ranges up to about three years, which means that any positive lag of the anti-trafficking efforts of the Biden years would still be in effect now, with any negative effects of the Trump pullback lying in the years to come.

Among those now sounding the alarm is Mitchem. Dismayed at the policy reversal, she left the ATF last spring, after 21 years, and joined Everytown, the gun-safety group founded by Michael Bloomberg.

“Just because no one is watching the trafficking pipelines right now doesn’t mean guns aren’t flowing through it. It just means they’re not being intercepted,” she told me.

“And as you walk away from that, and you don’t have your focus on that anymore,” she added, “that pipeline is going to be flowing, and we are going to start to see the violent crime impact from that over time.”

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How White House Steered $620M Pentagon Contract To Company Linked To Trump Jr.

How White House Steered $620M Pentagon Contract To Company Linked To Trump Jr.

This story was originally published by ProPublica

When the Pentagon announced a $620 million loan last year to a small North Carolina startup linked to Donald Trump Jr., defense officials and the company tried to tamp down suspicions of cronyism.

The president’s eldest son said through a spokesperson that he wasn’t involved. The Pentagon said Trump Jr. played no role in the record-setting deal. And the startup’s founder told reporters that his company, Vulcan Elements, received no political favoritism.

But interviews and Defense Department records reviewed by ProPublica show that the request to loan hundreds of millions of dollars to the firm linked to Trump Jr. was made by Peter Navarro, a White House adviser to President Donald Trump and a friend of Trump Jr.’s.

Of the dozens of companies the Pentagon was considering funding at the time, Vulcan’s was the only deal initiated by a top aide to the president, said an official at the Pentagon who was not authorized to speak publicly.

After defense officials got the White House request, they asked Pentagon staff to move at an unusually rapid pace, said another person who was involved in the deal at the Pentagon but not authorized to speak about it. The staff worked late nights and with little sleep to get the loan through in a matter of weeks, the source said.

“The call came from the White House: We have to get this done,” the person said.

The deal is one of many actions by the Trump administration that have helped companies in which the Trump family holds stakes. Government contracts and other benefits have gone to various Trump-linked companies, prompting allegations of self-dealing by Democratic lawmakers and good government experts. But ProPublica’s reporting on the Vulcan loan represents the first time the awarding of a contract from a federal agency has been directly linked to White House intervention.

The loan was a massive financial commitment from the Pentagon in its effort to fund companies that could help the U.S. reduce dependence on China’s critical mineral supply chains. The deal was a dramatic win for Vulcan, a North Carolina rare-earth magnet company launched just two years earlier. Estimates of its valuation grew tenfold after the deal was announced. It was also a win for Trump Jr.’s venture capital firm, which took a stake of undisclosed size in Vulcan about three months before the Pentagon announced the deal.

And there may be more good news on the way for the president’s eldest son. Among other companies under review for a Pentagon loan was a drone parts manufacturer that Trump Jr. advises and owns a stake in, according to one of the defense officials who spoke to ProPublica.

Navarro, who served as trade adviser in Trump’s first term, and Trump Jr. have formed a close bond in recent years. The president’s son visited Navarro in prison while he served time for defying a subpoena from lawmakers investigating the Jan. 6, 2021, Capitol riot. Trump Jr. was one of the small group of people Navarro dedicated his latest book to for having “my back when it was against the wall.” And a week before the Vulcan deal was announced, Trump Jr. hosted Navarro — now the president’s senior counselor for trade and manufacturing — on his streaming show, encouraging his nearly 2 million subscribers to buy Navarro’s book. That interview was not long after word came down from Navarro to Pentagon staff to make the massive loan to Vulcan, one of the defense officials involved in the deal said.

Navarro did not respond to questions from ProPublica sent to him directly. Neither did Vulcan. A White House spokesperson said in a statement that the administration is working “in the best interest of the American people,” adding, “The President’s entire team, including Senior Counselor Navarro and officials at the Department of War, is working together and with private industry to secure America’s critical mineral supply chain at Trump Speed.” Trump Jr.’s spokesperson said the president’s son does not discuss companies he has invested in with federal government officials and did not speak to Navarro about Vulcan. He “has no knowledge about how this deal came together,” the spokesperson said. A spokesperson for 1789 Capital, the venture firm where Trump Jr. is a partner, said it also played no role in Vulcan getting the loan and did not learn about the deal before it was public.

“No company receives preferential treatment,” a Pentagon spokesperson said. “Outside affiliations, investors, or political connections play absolutely no role in the Department’s funding decisions.”

Richard Painter, the chief White House ethics lawyer during the George W. Bush administration, said aides to the president should not be intervening in contracting and lending decisions by agencies, particularly in matters that financially benefit the president’s family.

“This is our money they’re spending,” Painter said. “This is corruption we pay for.”

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mike johnson and jim jordan

Big Oil Funds Project Teaching Judges 'Healthy Skepticism' of Climate Science

This story was originally published by Pro Publica

For many months, conservative lawmakers and political operatives have been targeting the scientists and lawyers behind the Climate Judiciary Project, a program meant to educate the courts about climate science, alleging that their effort constitutes a conspiracy to influence federal judges and persuade them to rule against the oil industry.

Now, just as congressional investigators are escalating a formal inquiry into the project, a separate program closely aligned with the fossil fuel industry and free-market conservatives is hosting a symposium for 150 judges in Nashville, Tennessee. The program, run by the Antonin Scalia Law School at George Mason University, also aims to educate judges, but in a way that prioritizes American business interests and questions climate science.

The dueling efforts come as a number of significant lawsuits seeking to hold fossil fuel companies accountable for climate damages are making their way through the courts and as oil-industry-aligned attacks on climate policies, and the legal arguments supporting them, have been sharply increasing.

ProPublica reported in April that political operatives connected to the conservative activist Leonard Leo were coordinating an effort across 11 states to pass laws shielding fossil fuel companies from liability for climate harm. In the past three weeks, similar liability waiver bills have been introduced federally in both the House and the Senate. Last week the Florida attorney general’s office launched an investigation into alleged judicial influence by the organization that oversees the Climate Judiciary Project, the Environmental Law Institute, a nonpartisan legal scholarship group funded until recently by the Environmental Protection Agency.

These developments come on the heels of a campaign last winter to get the Federal Judicial Center, the publishing body for the federal court system, to retract a roughly 90-page chapter devoted to climate science from the latest volume of its technical manual for judges. Twenty-two Republican attorneys general wrote to Rep. Jim Jordan of Ohio, the Republican chair of the House Judiciary Committee, demanding that the committee investigate the center’s publication of material about how to weigh scientific evidence about climate and the weather because the chapter’s authors appeared to be biased.

In their letter, they noted the authors work for Columbia University’s Sabin Center for Climate Change Law and alleged the chapter was influenced by Michael Burger, the executive director of the center who works closely with the law firm Sher Edling, which represents several climate plaintiffs. The Republican attorneys general also noted that some staff at the Sabin Center work with the Environmental Law Institute and the Climate Judiciary Project. Although the chapter had been peer reviewed and approved by the Federal Judicial Center, as well as by the National Academies of Sciences, Engineering and Medicine, the center retracted the climate chapter in February.

On April 28, Jordan went a step further, issuing letters accusing Burger, the Environmental Law Institute and Sher Edling of bias, conspiracy and collusion. Jordan demanded that the three parties produce private communications, receipts and records of funding sources, and that the recipients sit for interviews before the committee.

The Sabin Center, Jordan wrote, is “producing materials to be used to bias federal judges about novel climate-related legal theories” and coordinating to bring climate-related litigation to court. The activity raises questions about “the integrity and independence of the judicial process” and “ex parte contact with courts,” Jordan wrote, referring to the improper conduct of contacting a judge without opposing counsel present to argue issues related to a pending case.

Neither Sher Edling, the Sabin Center nor Burger responded to a request for comment. A representative for the Environmental Law Institute stated in an email that the Climate Judiciary Project “does not participate in litigation, coordinate with any parties related to any litigation, or advise judges on how they should rule on any issue or in any case. The goal of CJP is to provide judges with the tools they need to understand climate science and how it arises in the law.”

Jordan’s office replied to a request for comment by reasserting the statements in the letters it sent, and it did not respond to a detailed list of questions.

Amid the allegations of impropriety and conflicts of interest though, the program at George Mason University has scarcely been noticed.

The George Mason conference, called the “Judicial Symposium on Scientific Methodology, Expert Testimony, and the Judicial Role,” opened the day after Jordan sent out his letters and will continue through Saturday, May 2. It is run by the university’s Law and Economics Center, which oversees a project called the Judicial Education Program. The center is funded in part by ExxonMobil, which is a defendant in several of the climate lawsuits. ExxonMobil did not respond to a request for comment.

The conference includes speakers who have filed amicus briefs — filings by people who aren’t part of the case but have a strong interest in its outcome — in favor of the oil industry in several of those cases, as well as at least one lawyer who has represented fossil fuel companies in court. The reading assignments prepared for the judges include a Substack post by a notable climate contrarian accusing the authors of the retracted climate chapter in the federal court’s reference manual of including material by Burger and hiding his authorship. They also include a law journal argument that a key tenet of climate science used to identify the cause of disasters should be inadmissible in their courtrooms. One session, titled “Debates on the trustworthiness of tools to evaluate science in the courtroom,” focuses entirely on the federal courts’ reference manual.

In an emailed response to ProPublica, Donald Kochan, the executive director of George Mason’s Law and Economics Center, which organized the event, presented the symposium as a robust and objective discussion. The program’s advisory board, he wrote, is a politically and jurisprudentially diverse group including “some of the most progressive jurists in the country, including on climate issues.” Kochan, who did not respond to a list of specific questions, added that lectures are by leading academics on science and law and that he invited the authors of the judicial reference manual to speak but they declined, as did several others who he suggested would have represented more centrist viewpoints on the climate issue.

The conference is one of dozens of meetings, retreats and “intimate weeklong gatherings” that are regularly hosted by the Law and Economics Center as part of an initiative to instill free-market values and greater knowledge of the economic consequences of policy in judicial decision-making. In 2016 the law school renamed itself after the former Supreme Court Justice Antonin Scalia and the center expanded with $30 million in gifts, adding faculty and scholarships and launching additional “colloquia.” The center today runs several parallel initiatives under the umbrella of the Judicial Education Program, each aimed at gathering judges together and educating them. The symposium on science and evidence is one of these events.

According to an internal fundraising document from 2020 obtained by ProPublica, the gatherings are often luxurious all-expenses-paid affairs, created to foster lasting relationships and opportunities to network with judges. The document included a solicitation for more than $930,000 sent by the center to the Charles Koch Foundation, a libertarian organization that provides grants to universities and scholars. At the time of the proposal, more than 5,000 judges representing all 50 states had attended at least one of the organization’s programs, the document stated.

The goal of the symposium, according to the document, is to sway judges toward a libertarian economic viewpoint in their rulings — the very sort of “biasing” that Jordan accused the Sabin Center and the Climate Judiciary Project of.

“The goal of this project is to expose judges to the intellectual history of the role of capitalism, economic freedom, and a constitutionally limited government as fundamental features of a liberal society,” the document says. It is also to establish a community of like-minded justices “with synergistic effects on the judiciary as a whole” and to influence the outcome of cases that come before the courts. Judges, the fundraising proposal continues, “urgently need to cultivate an understanding” of economic analysis and its relevance to the legal system if they “are to issue decisions that advance the rule of law and America’s free enterprise system.”

According to the George Mason University website, the Law and Economics Center’s 2025 funders include DonorsTrust, a dark money pass-through organization meant to shield the identity of contributors. DonorsTrust is often used by organizations tied to Leo, who brought George Mason a $20 million gift, in addition to $10 million from the Charles Koch Foundation, that made expansion of the law school’s program possible.

This weekend’s symposium in Nashville is one of the most significant parts of the center’s outreach to justices. According to the 2020 fundraising letter, the goal of such gatherings is to challenge the status quo on science. The conference “will give judges a rounded understanding and healthy skepticism of the invocations of ‘science’ that lurk in the background of lawsuits they are hearing,” the center’s then-director wrote, and it will help judges understand that “so much of what passes as ‘science’ for leverage purposes never has to face tests for rigor, reliability and quality in front of a neutral arbiter.”

One of the symposium’s events prominently features Philip Goldberg, a managing partner at the law firm Shook, Hardy & Bacon and the special counsel to the National Association of Manufacturers’ policy lobbying arm, the Manufacturers’ Accountability Project, which the group describes as “the leading voice of manufacturers in the courts.” MAP, as it is called, has publicly rejected the claims in a landmark case that the city of Honolulu brought against Shell, ExxonMobil and other oil companies alleging they misrepresented the risks of using their fuels and are responsible for the damages they have caused. Goldberg authored a brief for the group that was submitted to the Supreme Court on the case in 2024.

Goldberg, who did not respond to a request for comment, has also authored briefs in climate liability cases brought by the city of Baltimore against BP and other fossil fuel companies — a case won by the defendants in March — as well as a case brought by Boulder County in Colorado against Suncor Energy and ExxonMobil, which alleges the companies misrepresented the risks of using fossil fuels. Lawyers from Shook, Hardy & Bacon are also present at the conference. Other lawyers at the firm wrote a brief in favor of Chevron in a case brought by Plaquemines Parish, Louisiana. (The oil companies dispute the allegations and each of these cases is ongoing.)

For its assigned reading for a session on the judicial manual, the symposium offered an article by the political scientist Roger Pielke Jr., a senior fellow at the conservative American Enterprise Institute. Pielke wrote that he found evidence that the true authorship of a significant part of the climate chapter in the reference manual was obscured. He used the Claude artificial intelligence program to run an analysis comparing the chapter’s text to a paper co-authored by Sabin’s Burger and said he found a correlation.

“Michael Burger did not write any of the text in the climate science chapter nor did he have any control over the content and scope,” one of the chapter’s two authors, Jessica Wentz, who has denied the chapter was biased, wrote to ProPublica. The other author did not respond, and Burger declined to comment.

The conference did not offer readings from the climate chapter of the manual itself, which is still available on the website of the National Academies of Sciences, Engineering and Medicine. Nor did it offer readings from the United Nations climate science authorities or climate-related readings from any other peer-reviewed scientific journal.

In its final session, the symposium features attorney Matthew Wickersham of the firm Alston & Bird, which has served as counsel for Chevron in several lawsuits. Wickersham did not respond to a request for comment. The only reading assigned to justices for that session is a paper Wickersham wrote in the Rutgers Law Record in 2025 about why attribution science — the field of study that makes it possible to link climate disasters to specific amounts of pollution and their sources — should never be admitted in court.

Far-Right Pastor Runs D.C. 'Boarding House' For GOP Legislators -- Including Speaker

Far-Right Pastor Runs D.C. 'Boarding House' For GOP Legislators -- Including Speaker

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For a project explicitly designed to influence Congress, Steve Berger’s operation has left a scant paper trail. The archconservative evangelical pastor, who started a D.C. nonprofit a few years ago to shape national policy, does not file lobbying reports. His group does not show up in campaign finance records.

There is a simple way to glimpse his effort’s expanding reach in Washington, however: Pay attention to who is walking out the front door of his Capitol Hill townhouse. New evidence suggests Berger may be running what amounts to a group house for conservative lawmakers, with multiple members of Congress living with him at his organization’s headquarters.

The six-bedroom, $3.7 million home is owned by a multimillion-dollar Republican donor.

Rep. Andy Ogles, a Tennessee Republican who is among President Donald Trump’s most aggressive allies in Congress, has been at the house on multiple days over the past two weeks, according to people who live in the area. Video reviewed by ProPublica showed Ogles leaving the townhouse with bags on February 27. As he left, he locked up the front door and pocketed the keys to the house.

As ProPublica reported last week, House Speaker Mike Johnson is living in the townhouse. And Dan Bishop, a former congressman from North Carolina now nominated for a powerful post in Trump’s White House, appears to have lived there until recently as well.

Berger has said his goal is to “disciple” members of Congress so what “they learn is then translated into policy.” He has claimed to have personally spurred legislation, saying a senator privately credited him with inspiring a bill.

Berger, Bishop and Ogles did not respond to requests for comment. A spokesperson for Johnson previously said the speaker pays fair-market rent for the part of the townhouse he occupies but didn’t answer questions about the specific rate. He said Johnson has not spoken to the pastor about “any matter of public policy.”

Ogles is in only his third year in Congress, but he’s drawn attention for his bombastic displays of fealty to Trump. He recently introduced a resolution to amend the Constitution so that Trump could serve a third term as president. He’s filed articles of impeachment against multiple judges who’ve ruled against the new administration. (Last week, Elon Musk posted a video of Ogles touting his impeachment efforts, set to the beat from the rap song “Shook Ones, Pt. II.”)

Ogles’ short tenure is also notable for the pace of scandal that’s followed it. He has faced allegations that he inflated his resume, claiming alternatively to have been an economist, a member of law enforcement and an expert on international sex trafficking, NewsChannel 5 in Nashville reported. (Ogles has acknowledged at least one mistake on his resume but said that “my body of work speaks for itself.”)

Last year, the FBI seized his phone during an investigation and obtained a search warrant to review records associated with his personal email address. Federal investigators were seeking evidence related to potential campaign finance violations, according to a court filing. The scope of the FBI investigation remains unclear.

Perhaps no one is more responsible for Ogles’ rise in politics than Lee Beaman, the Tennessee businessman who owns the Capitol Hill townhouse. When Ogles announced a short-lived Senate bid in 2017, Beaman said he planned to raise $4 million to support the run. Beaman, whose wealth derives from a large car dealership chain, then served as campaign treasurer in Ogles’ successful 2022 run for the House.

Beaman and Berger have publicly advocated together for numerous specific policy changes, in areas including foreign affairs, fuel efficiency standards and removing barriers to firing federal employees. After the 2020 election, they both signed a letter declaring that Trump was the rightful winner and calling for Congress to overturn the results. (Beaman did not respond to requests for comment. ProPublica could not determine whether he and the pastor have discussed policy issues with Ogles during his time in Congress.)

In sermons, Berger has devoted long stretches to attacking the separation of church and state, as well as COVID-19 vaccines. The pastor used violent language to describe his disdain for “LGBTQ+ Pride” parades and “drag queen story hour” during an interview for a podcast in 2022, according to unpublished footage obtained by ProPublica.

“If I was left to myself, I’d take a baseball bat and beat the hell out of every single one of them. And not feel bad about it,” Berger said. “I have to go, ‘You know what? That’s probably not the will of God, is it?’ And obviously it’s not.”

Beyond his ownership of the townhouse, Beaman’s role in the pastor’s influence project is unclear. After Beaman purchased the house in 2021, a lawyer sought to change it from a single-family dwelling to a “boarding house/rooming house,” according to Washington, D.C., property records. Around that time, Berger’s nonprofit group, Ambassador Services International, registered the home as its address.

Members of Congress are allowed to live anywhere, as long as they pay fair-market rent, experts said. Discounts on rent are generally seen as improper gifts and prohibited by House ethics rules.

Beaman has said he got to know Ogles when Ogles was the Tennessee director of Americans for Prosperity, part of the Koch brothers’ political network. Beaman and Ogles joined forces to fight a mass transit project in Nashville and reportedly worked together on a successful effort to repeal the estate tax in their home state. After leaving the Koch network, Ogles served four years as the mayor of a Middle Tennessee county with a population of roughly 100,000. He held that role until 2022, when he was elected to Congress.

Ogles’ 2022 campaign was the subject of a blistering House ethics report released this year. The nonpartisan Office of Congressional Ethics concluded that there is “substantial reason to believe” that Ogles’ campaign had accepted illegally large donations and then falsely reported that the funds had come from Ogles himself. Ogles has said he is “confident that any reporting problem was at worst an honest mistake.” (Beaman was not named in the report and has not been accused of wrongdoing.)

The report said that Ogles refused to cooperate with the investigation. It recommended that the House Ethics Committee issue a subpoena to the congressman.

Reprinted with permission from Pro Publica