John Swallow

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John Swallow
Image of John Swallow
Prior offices
Utah House of Representatives

Utah Chief Deputy Attorney General

Attorney General of Utah
Successor: Sean D. Reyes

Elections and appointments
Last convention

April 25, 2020

Education

Bachelor's

Brigham Young University, 1987

Law

Brigham Young University Law School, 1990

Personal
Religion
The Church of Jesus Christ of Latter-day Saints (Mormon)
Profession
Attorney
Contact

John Swallow (Republican Party) was the Attorney General of Utah. He assumed office on January 7, 2013. He left office on December 3, 2013.

Swallow (Republican Party) ran for election for Attorney General of Utah. He lost in the Republican convention on April 25, 2020.


In 2014, Swallow was arrested by the FBI and the Utah Department of Public Safety on several charges relating to alleged bribery.[1] Swallow was acquitted of all charges by a jury in 2017.[2] Click here to read more.

Biography

Swallow grew up living between Juneau, Alaska and St. George, Utah until his family eventually settled in Spring Valley, Nevada. As a teenager in Nevada, Swallow worked in manual labor on his stepfather's hay farm.[3][4] Swallow and his family moved several more times before his high school graduation.

Prior to making a permanent return to Utah in 1983, Swallow served on a mission for The Church of Jesus Christ of Latter-Day Saints in Los Angeles, California, where he learned Spanish. He received a bachelor's degree in psychology from Brigham Young University and a J.D. degree from BYU's J. Reuben Clark Law School. Swallow was a member of the BYU Law Review.

In 1990, Swallow began his legal career in commercial litigation as an attorney at the firm of Scalley, Reading, Bates, Hansen & Rasmussen. He was later appointed as a Judge Pro Tem for the Third District Court and Chair of the Business Section of the Utah State Bar.[5]

Swallow's professional experience includes managing litigation as corporate general counsel to a Utah-based dietary supplement company and establishing his own law practice covering business, real estate, financial, government and corporate matters.[5]

Education

  • B.S. Psychology - Brigham Young University (1987)
  • J.D. Brigham Young University (1990)
    • Member of the Brigham Young University Law Review[6]

Political career

Attorney General of Utah (January 2013-December 2013)

Swallow was elected to succeed Mark Shurtleff (R) as Utah Attorney General on November 6, 2012. He assumed office on January 7, 2013 and resigned December 3, 2013.

Noteworthy events

Ethics scandal, FBI investigation

In July 2014, Swallow and Mark Shurtleff were arrested by the FBI and the Utah Department of Public Safety on charges relating to alleged bribery, improper acceptance of gifts and a "pattern of unlawful activity."[7] Swallow was acquitted of all charges by a jury in March 2017.[8]

In January 2013, a Utah businessman accused of mail fraud, bank fraud, and money laundering claimed that Swallow arranged a deal to pay Senate Majority Leader Harry Reid to make the federal investigation on the matter disappear.[9] Reid denied having any involvement in the matter. Swallow denied the allegations.[9]

On May 6, 2013, the U.S. Attorney's Office for Utah was removed from the case without providing a reason. A statement from the office said, "In consultation with the Department of Justice, it has been determined that the U.S. Attorney’s Office for the District of Utah would be recused from this matter going forward. The Public Integrity Section of the Department of Justice will continue the investigation."[10]

The federal investigation ended September 12, 2013, without any charges being filed. The agency did not offer any comment on the case. Swallow responded to the news, saying, "I knew at the time that I hadn't done anything wrong. And now the people of Utah know that they can trust their attorney general."[11]

Alliance for a Better UTAH complaint

On March 7, 2013, Crystal Young-Otterstrom and Maryann Martindale filed a petition against Swallow, alleging 12 violations of election law related to financial and business interest disclosures. At the time, Young-Otterstrom and Martindale were both with the think tank Alliance for a Better UTAH (ABU). David Irvine, a former Republican state legislator, acted as their attorney.

According to the complaint, election papers filed by Swallow on March 9 were different from papers he filed on March 15. Among the differences, the March 9 papers showed Swallow as owner of Swallow and Associates, while the March 15 papers only listed him as a board member. The complaint also alleged that he tried to hide his interest in a number of companies and nonprofits.[12]

The petition went to the lieutenant governor.[13] As a result of the ABU complaint, it was discovered that state law required the Attorney General to investigate election complaints, even if the AG was the subject of the complaint. In response, the Legislature passed Senate Bill 289, which gave the Utah Lieutenant Governor the power to name an independent special counsel to investigate the AG.[14][15] The bill was signed by Gov. Gary Herbert (R) on March 27, 2013.[16]

On April 9, Swallow's lawyers filed a written response with the lieutenant governor's office. The lieutenant governor's office announced on May 10 that nine of the 12 allegations were dismissed and that it would appoint a special counsel to investigate the other three. Two of the remaining counts alleged Swallow failed to disclose his position as owner or manager of P Solutions and SSV Management, and that he received over $5,000 from P Solutions and RMR Consulting. The other allegation accused him of making false and misleading statements on campaign disclosure forms.[17]

Special investigative committee

After a Republican House Caucus meeting to discuss impeachment on June 19, lawmakers created an investigative committee outside of the impeachment process to determine if the situation was hurting the public trust. In response, Swallow, who stated once again that he wouldn't resign, said, “I think they got it right today where they decided it wasn’t time yet to start any serious discussion about impeachment. They simply need answers.”[18]

Gov. Herbert called a special session to set the powers of the investigative panel and adjust open meetings laws in order to avoid making meetings public when it could hinder the investigation.[19] The governor added three additional items to the agenda as well, including giving out-of-state attorneys the power to help with the investigation into Swallow.[20][21] Lawmakers set up the nine-member committee, with five Republicans and four Democrats, to investigate Swallow.[22][23] The Democratic Party of Utah released a statement critical of the special session's decisions regarding the panel, stating that previous ethics panels were nonpartisan and arguing that the chair should not have the power to grant immunity or close the meetings to the public at will.[24]

On July 23, the state elections office announced they had hired the Phoenix-based law firm of Snell & Wilmer to act as special counsel in the investigation.[25]

Swallow was served with a subpoena from the Committee on September 26, seeking emails, receipt and cell phone conversations dating back to December 2009.[26]

Chief Deputy Attorney General (2009-2013)

Swallow was chosen in 2009 to serve under then-attorney general Mark Shurtleff as chief deputy attorney general, overseeing the civil division. As deputy, he spearheaded the state's legal land battles against the federal government, and most prominently, the battle to strike down Obamacare. His legacy includes expanding the office through the creation of the Public Lands Litigation Section. In a Feb 13 statement following announcement of his 2012 bid to replace Shurtleff as AG, Swallow said "I have seen the federal government's intrusion into our lives at almost every level and am committed to putting an end to it."[27]

Utah House of Representatives (1996-2002)

Swallow entered politics in 1996 when he won election to his first of an eventual three terms in the Utah House of Representatives. In the legislature, John served as a Regional Whip, Chair of the Public Utilities and Technology Committee, on the Administrative Rules Review Committee, and the Revenue and Taxation Standing Committee.

During his three terms, Swallow championed conservative social causes such as preventing the passage of a bill to allow non-married couples to adopt children, and fiscal causes cutting taxes. He was named 2000 Utah Taxpayer Advocate of the Year by the Utah Taxpayers’ Association for his sponsorship of one of the biggest tax cuts in Utah history. He also advocated strongly and effectively for 2nd Amendment rights, winning favor with the National Rifle Association.

In 2002 and 2004, John ran for the United States Congress, securing the Republican Party nomination both times but ultimately losing the general elections.

Elections

2020

See also: Utah Attorney General election, 2020

Utah Attorney General election, 2020 (June 30 Republican primary)

General election

General election for Attorney General of Utah

Incumbent Sean D. Reyes defeated Greg Skordas and Rudy Bautista in the general election for Attorney General of Utah on November 3, 2020.

Candidate
%
Votes
Image of Sean D. Reyes
Sean D. Reyes (R)
 
60.6
 
878,853
Silhouette Placeholder Image.png
Greg Skordas (D)
 
33.7
 
489,499
Image of Rudy Bautista
Rudy Bautista (L)
 
5.7
 
82,444

Total votes: 1,450,796
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of Utah

Incumbent Sean D. Reyes defeated David Leavitt in the Republican primary for Attorney General of Utah on June 30, 2020.

Candidate
%
Votes
Image of Sean D. Reyes
Sean D. Reyes
 
54.0
 
275,212
Image of David Leavitt
David Leavitt
 
46.0
 
234,036

Total votes: 509,248
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic convention

Democratic convention for Attorney General of Utah

Greg Skordas defeated Kevin Craig Probasco in the Democratic convention for Attorney General of Utah on April 25, 2020.

Candidate
Image of Kevin Craig Probasco
Kevin Craig Probasco (D)
Silhouette Placeholder Image.png
Greg Skordas (D)

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican convention

Republican Convention for Attorney General of Utah

The following candidates advanced in the ranked-choice voting election: David Leavitt in round 2 , and Sean D. Reyes in round 2 . The results of Round are displayed below. To see the results of other rounds, use the dropdown menu above to select a round and the table will update.


Total votes: 3,570
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.

2012

See also: Utah attorney general election, 2012

Although Swallow did not secure the requisite 60% of the delegate vote at the Utah Republican Convention to avoid a primary, he easily defeated opponent Sean D. Reyes in the GOP primary contest on June 26, 2012. He defeated two other candidates in November's general election: Weber County Attorney Dee W. Smith (D), who ran unopposed for his party's nomination, and perennial attorney general candidate, Libertarian W. Andrew McCullough.[28][29]

Attorney General of Utah General Election, 2012
Party Candidate Vote % Votes
     Democratic Dee W. Smith 30.1% 269,893
     Republican Green check mark transparent.pngJohn Swallow 64.6% 579,118
     Libertarian W. Andrew McCullough 5.3% 47,347
Total Votes 896,358
Election results via Utah Lieutenant Governor (dead link)


  • Primary-2012 Republican Race for Attorney General
    • With 68% of the vote, Swallow overtook Reyes for the Republican nomination.
Attorney General of Utah, Republican Primary, 2012
Candidate Vote % Votes
Green check mark transparent.pngJohn Swallow 68% 156,644
Sean D. Reyes 32% 73,868
Total Votes 230,512
Election results via Utah.gov.

[30]

Issues

  • Crime

The attorney general is the state's top law enforcement officer, and Swallow's platform on crime focuses heavily on ensuring that Utah's Sheriffs have the resources and latitude to enforce the state's laws, without interference from federal officers. "When they need backup to stand against federal overreach, they need to know that Utah’s Attorney General will be there," Swallow promised on his campaign website.[31] He also cites cracking down on financial crime and prosecuting sex predators as priorities.[31]

  • Healthcare reform

On Swallow's official campaign website, he cites overturning The Affordable Care Act, commonly known as Obamacare, as a priority for the office of attorney general. As chief deputy attorney general under Shurtleff, he played a leading role in Utah's joint effort with other Republican state attorneys general to challenge the "job-killing, unconstitutional"[31] mandates within the President's healthcare overhaul. “Not many people believed we could take the unconstitutional Obamacare bill all the way to the Supreme Court, but we did it.”[31]

  • Illegal Immigration

Swallow supports stringent "enforcement-only" laws regarding illegal immigration. Taken from his campaign website, "Utah has felt the negative economic impact of the federal government’s neglect of our borders, and when Washington fails to act, it is left up to the states to protect our citizens and safeguard our economy."[31]

  • Second Amendment

Swallow is a staunch defender of the Second Amendment right to bear arms. "Utahn's are gun owners," he said. Swallow was given a top-rating by the National Rifle Association for his work supporting Second Amendment causes as a public servant. The NRA endorsed his bid for attorney general.[31]

  • Public Lands

If elected attorney general, Swallow pledges to continue the work he has done as deputy to "keep the Sage Grouse from being listed as an endangered species,"[31] and to legally contest federal government policies which restrict access to public lands. He believes that Utah needs protection against overreaching laws like the federal Wild Lands Policy which he says are "killing jobs, hurting our economy, and robbing our children’s classrooms of greatly-needed funding."[31]

Endorsements

Swallow was endorsed by former primary election opponent Sean D. Reyes and 14 Republican state attorneys general, including then-attorney general Mark Shurtleff.[32][33]



Noteworthy events

The 2012 Republican primary race between Reyes and Swallow saw both sides airing ads opposing the other. Organized attacks by SuperPACs were mobilized against both candidates in the week leading up to the June 26 election, spilling over into the candidate debates, and resulting in at least one defamation suit, from Reyes, who accused Swallow of working with the Nevada based PAC "It's Now or Never, Inc," to run a smear campaign against him.[34] In 2013, the Utah House Special Investigative Committee presented documents that pointed to the Swallow campaign's connection with the "It's Now or Never, Inc" PAC.[35][36]

Most of the PAC-sponsored anti-Reyes TV and radio spots claimed that Reyes lacked the rectitude and civility required of a high ranking public servant, based on a 1993 reckless driving episode and an alleged under-the-table cash contribution made to his political consultant. The latter accusation originated from a campaign finance reporting complication in April involving a $5,000 reimbursement. The sum was "misreported" as a contribution, according to Reyes, and the issue was settled by the lieutenant governor's office, which oversaw state elections.[37] Reyes then filed a lawsuit against Swallow for defamation of character and brought up a disclosure incident from Swallow's 2002 congressional campaign which resulted in formal penalties. "He knows he can't beat me when it comes to credentials, either legal credentials or leadership credentials, so he resorts to these kinds of bush league tactics," Reyes said.[38] The UTE SuperPAC responsible for sending mailers and airing (predominantly radio) spots against Swallow accused the deputy attorney general of being a target of a federal investigation for intervening in a Salt Lake County bid process.[37] Swallow's camp insisted that the mailer in particular, which insinuated the candidate was poised for federal indictment, was a lie, and a "malicious hit piece and a potential violation of state law."[39]

Campaign themes

2020

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

John Swallow did not complete Ballotpedia's 2020 Candidate Connection survey.

Campaign finance summary


Note: The finance data shown here comes from the disclosures required of candidates and parties. Depending on the election or state, this may represent only a portion of all the funds spent on their behalf. Satellite spending groups may or may not have expended funds related to the candidate or politician on whose page you are reading this disclaimer. Campaign finance data from elections may be incomplete. For elections to federal offices, complete data can be found at the FEC website. Click here for more on federal campaign finance law and here for more on state campaign finance law.


John Swallow campaign contribution history
YearOfficeStatusContributionsExpenditures
2012Utah Attorney GeneralWon $991,338 N/A**
2000UT House of RepresentativesWon $25,536 N/A**
1998UT House of RepresentativesWon $33,515 N/A**
1996UT House of RepresentativesWon $12,593 N/A**
Grand total$1,062,982 N/A**
Sources: OpenSecretsFederal Elections Commission ***This product uses the openFEC API but is not endorsed or certified by the Federal Election Commission (FEC).
** Data on expenditures is not available for this election cycle
Note: Totals above reflect only available data.

Personal

Note: Please contact us if the personal information below requires an update.
Swallow lives in Sandy, Utah with wife of 26 years, Suzanne Seader. He has five children: four daughters and one son. Swallow enjoys following athletics, has completed a marathon, and coaches youth sports. He is fluent in Spanish.[40]

Contact

Utah

Personal Contact:

Tel: 801.949.9450
Email: JohneSwallow@gmail.com

Campaign Contact:

Tel: 801.759.1397
Email: Jessica Fawson at Jessica@JohnSwallow.com

See also


External links

Footnotes

  1. Deseret News, "Former Utah Attorneys General John Swallow, Mark Shurtleff arrested," July 15, 2014
  2. Desert News, "Jury acquits John Swallow of all charges," March 2, 2017
  3. Our campaigns.com, "John Swallow," accessed March 16, 2012
  4. Deseret News, "2nd Congressional District: Swallow learned responsibility early," October 25, 2004
  5. 5.0 5.1 John Swallow for Utah AG "About John," accessed March 16, 2012
  6. Cite error: Invalid <ref> tag; no text was provided for refs named bio
  7. Deseret News, "Former Utah Attorneys General John Swallow, Mark Shurtleff arrested," July 15, 2014
  8. Desert News, "Jury acquits John Swallow of all charges," March 2, 2017
  9. 9.0 9.1 Daily Herald, "Businessman in fraud case ties Utah AG to scheme," January 13, 2013
  10. Deseret News, "U.S. Attorney for Utah removed from Swallow investigation," May 6, 2013
  11. SFGate, "Lawyer: No charges for Utah AG in bribery probe," September 12, 2013
  12. Cite error: Invalid <ref> tag; no text was provided for refs named FOX13
  13. Salt Lake Tribune, "Group to seek probe, possible removal of John Swallow," March 7, 2013
  14. Huffington Post, "Utah Legislators Rush Legislation Involving Possible Investigation Into Attorney General John Swallow," March 14, 2013
  15. FOX 13, "Legislature passes bill to handle Swallow investigation," March 13, 2013
  16. Legal Newsline, "Bill preventing Utah AG from investigating self signed by governor," March 28, 2013
  17. Deseret News, "Special counsel to investigate alleged elections violations against Attorney General John Swallow," May 10, 2013
  18. Deseret News, "Utah House to investigate Attorney General John Swallow outside of impeachment process," June 19, 2013
  19. The Salt Lake Tribune, "Legislature to meet in special session to define powers of panel on Swallow<' july 12, 2013
  20. Deseret News, "More added to Legislature's special session agenda," July 15, 2013
  21. Deseret News, "Legislative leaders expect little debate at special session," July 16, 2013
  22. Salt Lake Tribune, "Nine lawmakers chosen in special session may decide Swallow’s fate," July 17, 2013
  23. Salt Lake Tribune, "Legislature repeals bill to limit feds’ law powers," July 17, 2013
  24. KCSG, "Utah Democrats React to Swallow Special Session Votes," July 18, 2013
  25. ‘’Deseret News,’’ “State appoints law firm to investigate Utah Attorney General John Swallow,” July 23, 2013
  26. FOX 13, "Utah Attorney General served with subpoena," September 26, 2013
  27. LegalNewsLine, "Four file for in Utah attorney general race," March 13, 2012
  28. Standard-Examiner, "Dee: Attorney general campaign won't hurt current job," March 12, 2012
  29. Deseret News, "Election Results" accessed November 6, 2012
  30. CSPAN-Campaign 2012, "Election Results from the Associated Press-UT Attorney General GOP Primary," accessed June 27, 2012
  31. 31.0 31.1 31.2 31.3 31.4 31.5 31.6 31.7 John Swallow for Attorney General, "Home," accessed June 21, 2012
  32. KSL.com, "Negative political advertising 'damages the system'," June 28, 2012
  33. Legal News Line, "Group of state attorneys general endorse swallow in utah's attorney general race," June 8, 2012
  34. KSL.com, "Mysterious ads, slander allegations plague attorney general's race," June 21, 2012
  35. House Special Investigative Committee, "2A - Briefing on Investigative Findings," January 2, 2014
  36. House Special Investigative Committee, "Motion Final (Nov. 22, 2013)," January 2, 2014
  37. 37.0 37.1 The Desert News, "Republican AG candidates ding each other on campaign finance issues," June 19, 2012
  38. The Desert News, "GOP candidates for Utah attorney general engaged in nasty battle," June 18, 2012
  39. The Salt Lake Tribune, "Mailer alleges Utah AG candidate was investigated by feds," June 13, 2012
  40. Office of the Attorney General, John Swallow, accessed August 7, 2013
Political offices
Preceded by
Mark Shurtleff (R)
Attorney General of Utah
January 2013-December 2013
Succeeded by
Brian Tarbet (Interim)