Category Archives: Bill Sorrell

Plausible deniability and the $10,000 envelope

Kudos to Seven Days’ Paul Heintz for a good old-fashioned piece of outrage journalism, a nearly lost art in these days of objectivity fetishism. The object of his scorn: the woefully incomplete “investigation” of Attorney General Bill Sorrell’s demostrably squicky campaign finance shenanigans. (In the interest of self-promotion, here’s a link to my take on the story.)

The whole column is strongly recommended, but I want to highlight one passage — and then It’s Story Time, Kids!

To set this up: In December 2013, Sorrell had dinner with a couple of high-powered lawyers, Mike Messina and Patricia Madrid, who had previously donated to his campaign fund. Take it away, Paul:

“Just before sitting down to dinner, Mike gave me an envelope saying that he and the attorneys from the Texas firm [Baron & Budd] wished to contribute to my campaign for reelection,” Sorrell wrote in the affidavit, which has not been previously disclosed. “I thanked them and accepted the envelope.”

Tucked inside were five checks totaling $10,000 for Sorrell’s reelection campaign.

During the dinner, Sorrell wrote, Messina and his friends “suggested they would come to Vermont at a future date to discuss the possibility of Vermont suing the oil and gas industry, if I was interested.” Baron & Budd has made millions for itself — and the states and municipalities it has represented — by suing the industry over its use of the gasoline additive MTBE.

After Messina handed Sorrell the checks, his clients handed the AG “a folder or manila envelope” containing information about Baron & Budd and a memo touching on “the specifics of relevant Vermont law.” Sorrell trucked it back to his office, gave it to an assistant attorney general and asked him to check with the Agency of Natural Resources to “discuss the possibility” of suing.

Within months, Sorrell’s office had filed suit and hired four firms — including Baron & Budd and Messina — to serve as outside counsel, guaranteeing them a percentage of any money recouped.

The “affidavit” referenced above is a sworn statement provided by Sorrell to independent investigator Tom Little.

Sorrell’s attorney argues that this does “not equate to a quid pro quo arrangement.” Which is downright laughable. But as Heintz notes, Sorrell “practically admitted to the crime” of trading state contracts for political donations.

And now, It’s Story Time.

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Sorrell gets the wet noodle

Scoop of the week award goes to Neal Goswami of the Vermont Press Bureau, for snagging himself an advance copy of the independent investigator’s report on Attorney General Bill Sorrell.

The topline is that Sorrell was exonerated.

The reality is not nearly so simple.

There were six accusations against Sorrell. On two of them, investigator Tom Little found no evidence of wrongdoing. On two others, Little admonished Sorrell for coming uncomfortably close to “crossing the line.”

As for the final two, Little concluded that they were outside the scope of his investigation.

Whaaaaaaaat?

Tom Little was appointed on May 7, 2015. Today is January 22, 2016.

Eight and a half months.

Couldn’t he have told us a bit sooner that he wouldn’t be investigating two of the six counts?   When exactly did he reach that conclusion?

Also, who outlined the scope of Little’s investigation? Well, we know the answer to that: he was appointed by Governor Shumlin. But was it written in a way that excluded certain areas of inquiry?

We were promised a complete investigation of Bill Sorrell’s activities — and that’s not what we got. 

And I think Tom Little, whose investigation was taxpayer-funded, owes us an explanation.

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Bill Sorrell gets religion

There was some welcome news from Vermont’s Eternal General about a month back. Bill Sorrell had begun a series of public hearings on the subject of incarceration — specifically, whether Vermont is putting too many people behind bars. Sorrell and others are gauging public sentiment on the question, and considering whether the Legislature should “adopt a resolution to steer Vermont’s criminal justice system away from incarceration,” according to VTDigger’s account.

Sorrell being Sorrell, he cautioned that nothing much would happen anytime soon.

“It would be like moving a battleship through thousands of individual decisions by prosecutors and judges, and in no small part on the decisions by corrections personnel on when the individual is released,” Sorrell told VTDigger.

Still, if this is how Sorrell plans to spend a chunk of his final year in office, then bully for him. We’ve been imprisoning more and more people for the past three decades, with no appreciable effect on public safety. Our prison population is aging and getting more expensive. It also features an appalling over-representation of Vermont’s teeny-tiny black population.

African-Americans make up just 1 percent of the population of a state that is 95.3 percent white, yet they make up 10.3 percent of Vermont inmates. Put another way, a Vermont inmate is more than 10 times as likely as a resident at large to be African-American.

So if Vermont’s top law enforcement official is on board with reducing incarceration rates, that’s a really great thing. More power to him.

One question, though.

Where the hell was Bill Sorrell all this time?

ICYMI, for the past two decades of our mass incarceration binge, he’s been Vermont’s top law enforcement official. So, welcome to the party, Bill. Sorry it took you so long to get here.

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The increasingly random race for lieutenant governor

It gives me a tingle to see that the Democrats now have three declared candidates for lieutenant governor, and their ages add up to less than 100 (34 + 29 + 28 = 93). Maybe this puts the last nail in the coffin of Sen. Dustin Degree’s claim that the VTGOP is the party of youth. (Heck, if you add any two of the Dems together, they’re younger than the lone Republican candidate, 72-year-old Randy Brock.)

Otherwise, though, the latest entry into the field leaves me wondering: Who asked for this?

Garrett Graff is an accomplished young man. I look forward to hearing what he has to offer, and God knows he’s got plenty of time to reveal it. But look: he hasn’t lived in Vermont since he graduated from high school in 1999. He’s been part of the D.C. media scene since 2004. He is only now relocating to Vermont, just in time to make noises about a candidacy.

Of the five declared candidates for Official Senate Gavel-Warmer, two are perfectly understandable: former State Senator and Auditor Randy Brock, and State Rep. Kesha Ram. After that, the field has an appearance of randomness.

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Sorrell vs. the record, part 2: Campaign reimbursements

Sorry for the delay in this continuing series; it’s tough work, slogging through a solid hour of Bill Sorrell. He is remarkably inarticulate for such a prominent figure.

SorrellDoggAnyway, I’m taking a closer look at Our Eternal General’s comments in an interview
with VTDigger’s Mark Johnson. I think it’s worthwhile because this was the first time Sorrell has been quizzed at length about allegations of campaign finance funny business and excessive coziness with high-powered lawyers soliciting state contracts.

Part 1 compared Sorrell’s remarks with the public record about the MTBE lawsuit. Today, we turn to Sorrell’s fuzzy reporting of expense reimbursements by his campaign fund to himself.

The matter was raised last spring by Seven Days’ Paul Heintz:

Several times a year, candidates must publicly disclose each campaign expenditure they make, “listed by amount, date, to whom paid, for what purpose,” according to state law.

A review of Sorrell’s recent filings shows that he has routinely ignored the rules. Sixteen times over the past four years, Sorrell’s campaign has reimbursed him for hundreds, and sometimes thousands, of dollars’ worth of expenses paid out of his own pocket. In each instance, the campaign provided only a vague explanation of what Sorrell bought with the campaign cash — and never once did it disclose who it paid.

Sorrell’s response: Hey, a lot of people do it that way.

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Sorrell versus the record, part 1: the MTBE deal

Earlier this week, former Mark Johnson Show host Mark Johnson produced his first podcast for his new employer, VTDigger. It was a 50-plus-minute interview with Attorney General Bill Sorrell, headlined by Our Eternal General’s stout denials of any wrongdoing. (It was also an excellent example of Johnson’s interviewing skills. His departure from WDEV was a big loss for our public discourse, and I look forward to his Digger podcasts.) Sorrell is, of course, the subject of an independent investigation for campaign finance-related activities.

SorrellCriminalThe interview reveals Sorrell in all his self-centered, fumblemouthed glory. He is, as always, the innocent target of politically motivated attack and quasi-journalistic hit pieces. But it’s worth taking a close look at how he explains himself, and comparing that to what’s on the record so far. (The independent investigator, Tom Little, is famously tight-lipped about his work, so we have no clue what he may have discovered.)

I’m breaking this up into parts because otherwise, it’d be horrifically long. This installment, Sorrell’s explanation of the MTBE lawsuit, is itself pretty damn long. If you don’t want to read the whole thing, the bottom line is: Sorrell’s interpretations and recollections are self-serving, and often at odds with the facts. In my judgment, it’s unclear whether Sorrell violated the law; but his behavior and his insidery relationships with key players are disturbing at the very least. There is an appearance of wrongdoing, whether there was actual wrongdoing or not.

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The Eternal General bows to the inevitable

It only took him about five months to figure it out, but Bill Sorrell finally announced today that he will not seek an eleventy-billionth term as Vermont’s Attorney General.

The end has been obvious to all since the early May appointment of former State Rep. Tom Little to head an independent investigation of Sorrell’s illegal (or at least thoroughly squicky) campaign finance activities.

SorrellZevonReally, the end has been all but obvious since Sorrell’s disastrous decision last March to throw the book at Dean Corren for an insignificant-at-best violation of the public financing law. Sorrell had alienated a lot of people over the years with his overzealous prosecution of campaign finance law and his underzealous pursuit of just about everything else in his purview. L’affaire Corren left him friendless in Montpelier and in Democratic and Progressive circles (he long ago lost the Republicans), with the possible exception of Sorrell’s political godfather, Howard Dean.

Today, the end came not with a bang, but an emailed whimper. Paul Heintz:

For a man who has spent much of his adult life in public service, Sorrell made his announcement in a remarkably low-key fashion. Rather than holding a press conference, he delivered the news in a terse, five-sentence statement emailed to reporters Monday afternoon.

Unsurprisingly, he couldn’t see any advantage to be gained from taking questions at his own political funeral.

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The mudwashing of the Sorrell case

Hey, I invented a new word: it’s the opposite of “whitewashing” — the deliberate fouling of something previously spotless.

The legal troubles of Our Eternal General Bill Sorrell have two progenitors. Well, three if you count Clueless Bill himself. But the two I’m thinking of are (1) journalistic and (2) legal/political.

The former is good ol’ Paul Heintz, Seven Days’ political editor and columnist. He made public records requests for Sorrell’s emails and other materials, and ferreted out the unseemly details of the AG’s campaign finance carelessness and his overly cozy relations with the designated AG-handlers at some big national law firms. He posted his first story on April 1, and a follow-up with fresh details on May 11.

Heintz’ reporting, it must be said, was met with a very curious silence from the rest of our political media.

The other progenitor is Brady Toensing, vice chair of the VTGOP, who used Heintz’ reporting as the basis of a formal complaint against Sorrell, filed on May 20. That complaint somehow transmuted Heintz’ previously ignored reporting into a story that other media finally felt obliged to pick up. Toensing’s complaint, in turn, led to the appointment of independent investigator Tom Little.

But the media have reported it as a matter between Toensing and Sorrell, removing Heintz (and the journalistic underpinnings) from their narratives. I’d expect this sort of convenient reasoning from Sorrell himself:

“I enjoy the work. I can’t say that I enjoyed the Toensing assaults on my personal integrity and that I would abuse the integrity of the office. I’m not a masochistic person and that is not fun, whatsoever.”

Oh good, I can stop trying to imagine Bill Sorrell in leather restraints and a ball gag.

[Purell break.]

Sorry. The point is, it’s clearly in Sorrell’s political interest to depict this whole mess as a partisan attack. But why should our distinguished political media carry that water for him?

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Donovan vs. The Invisible Man

Well, the news broke late Sunday on Seven Days’ website: Chittenden County State’s Attorney TJ Donovan will run for Attorney General, setting up a potential Grudge Match return engagement of his 2012 primary battle with incumbent Eternal General Bill Sorrell. And from day one, Donovan will be in the unusual position of being favored over an incumbent from the same party.

Donovan came very close to winning last time. This time, he appears to have a very united Democratic Party behind him. Top Dems continue to hope and pray that their AG will, ahem, “retire” and spend the next year and a half doing a victory lap.

Hints abounded at Friday night’s Curtis Awards dinner, one of the VDP’s big shindigs of the year. Donovan was given a Curtis Award, while Sorrell was nowhere to be seen. Even his name was a no-show:

There was, quite literally, no sign of him. Banners for all the other Democratic statewide elected officeholders, except Sorrell, covered the wall behind the stage. Julia Barnes, executive director of the Vermont Democratic Party, said the party didn’t have a Sorrell banner to hang.

Aww darnit, she must have left it in her other suit.

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Two little bread crumbs on the campaign trail

File these under “I’m Sure They Don’t Mean Anything”… Welch claims his online turf, and a departure from the Good Ship Sorrell.

1. Seven Days reports that a staffer for Rep. Peter Welch has reserved the domain name “welchforgovernor.com.” But Bob Rogan, chief of staff for Vermont’s Youngest Congresscritter, says we shouldn’t read anything into that.

“As you know, there is a cottage industry of people who buy up political domain names to make money by selling them back to the politician,” Rogan said Monday. “Unequivocally, you should not read into this that a decision has been made or is even close to being made. This is just prudent scenario planning by campaign staff. Nothing more.”

Well, as long as they’re being prudent, they should go back and snag “welchforgovernor.org,” which is unclaimed as of this writing. After all, that’s precisely the “scenario planning” failure that’s been causing headaches for presidential hopeful Carly Fiorina.

2. One possible “tell” about the political plans of Eternal General Bill Sorrell is the activity of his longtime staffers. If they start heading for the exits, that’d be a strong indication that the show is about to close. Well hey, whad’ya know:

Elliot Burg, who has served as an assistant attorney general since 1987, has decided to retire from the Vermont Attorney General’s Office.

Burg added that he looks forward to “being with my family more, and to pursuing my longstanding interests in photography, music, and international volunteer work.”

Okay, one departure means nothing. Coincidence, natural attrition, whatever. But if this is the first in a series, we’ll know something is up. Stay tuned!