A federal prosecutor outlines why former Ohio House Speaker Larry Householder was convicted in a state bribery scheme and why his appeal should be rejected
Bribery case explained: What to know about Larry Householder, HB6
Ohio House Speaker Larry Householder and four alleged co-conspirators were arrested and charged in a racketeering and bribery case. This video is from July 2020
Former Ohio House Speaker Larry Householder was found guilty of masterminding a $60 million bribery scheme because he was guilty − not because of any procedural mistakes, a federal prosecutor argued.
Householder was sentenced to 20 years in federal prison for using Akron-based FirstEnergy’s money to win control of the Ohio House of Representatives, pass a $1 billion bailout for two nuclear plants and defend that law (House Bill 6) against a ballot effort to block it.
Householder appealed the conviction, arguing that he did nothing wrong and his actions were politics as usual.
On Monday, a federal prosecutor outlined why Householder’s appeal should be rejected and how one of the state’s top Republicans engaged in illegal pay-to-play.
“(O)verwhelming evidence showed that Householder solicited and received millions of dollars (the quid) to help him win the speakership, agreeing that he would use that position to introduce bailout legislation (the quo),” wrote Assistant U.S. Attorney Alexis J. Zouhary in a Monday filing.
Zouhary addressed several issues Householder’s attorneys argued in his appeal:
U.S. District Court Judge Timothy Black did not make a mistake when he dismissed a juror who had not received a negative COVID-19 test, did not want to wear a mask and couldn’t serve after a certain point. One of Householder’s attorneys, Nick Oleski, was informed of Black’s plan to dismiss the juror and did not object. Later, another Householder attorney, Mark Marein, took issue with the decision.Black did not have to recuse himself over decades-old political attack ads that Householder helped fund against Black’s Ohio Supreme Court bid. “(H)e cannot show that his decades-old fundraising activities came anywhere close to creating a potential for unconstitutional bias,” Zouhary wrote.Black correctly calculated the sum of money involved in the scheme, which helped determine the sentence Householder faced. Zouhary contended the number could have been even higher because FirstEnergy received more than $1 billion in nuclear subsidies and another $20 million to $50 million a year in other revenue from the bill Householder passed.Black was right to cast doubt on the testimony of lobbyist Bob Klaffky, who was present when FirstEnergy delivered Householder a $400,000 check. “Klaffky’s testimony was not at all credible,” Zouhary wrote. “Klaffky testified on a tightwire: on one hand, he disclaimed any recollection of what was discussed at the meeting; on the other, he specifically testified that no agreement was formed and no ‘pay to play’ activity occurred.”There was nothing wrong with jurors learning that former FirstEnergy Solutions lobbyist Juan Cespedes and former Householder political strategist Jeff Longstreth pleaded guilty.Prosecutors were right to share expletive-laden recordings of Householder discussing fellow Republicans because the audio undercut Householder’s argument that he returned to power to build bridges and not engage in pay-to-play.Black didn’t keep Householder from consulting with his attorneys in between his two days on the witness stand. If Householder was confused about that, he could have asked the judge to clarify it during the trial.”Awarding a new trial here would wrongly incentivize defendants to remain silent in the face of ambiguous instructions, instead of timely objecting when the instructions can be clarified,” Zouhary wrote.
Householder’s attorneys have asked the Sixth Circuit Court of Appeals for a new trial, a new sentence or for the case to be dismissed entirely. Zouhary asked for the 20-year sentence to remain in place.
Meanwhile, Ohio Attorney General Dave Yost has accused Householder of stealing about $1.2 million from his campaign account to pay for his criminal defense in the federal case. The new charges could bar Householder from seeking office again. Householder has pleaded not guilty in that case.
Read the filing:
Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
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Publish date : 2024-08-27 03:03:00
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