How Citizens United cleared the way for the biggest political bribery scandal in Ohio history

Ohio Gov. Mike DeWine and Lt. Gov. Jon Husted during their victory party for Ohio's gubernatorial race at the Ohio Republican Party's election night party at the Sheraton Capitol Square on November 6, 2018. (Photo by Justin Merriman/Getty Images)

Next to gerrymandering, the biggest institutional driver of dangerous and destructive political misrepresentation in Ohio and across America is the U.S. Supreme Court’s disastrous 2010 Citizens United ruling allowing unbridled, dark money, pay-to-play corruption, which has now led to the biggest political bribery scandal in state history.

The central feature of that criminal racketeering scheme was the use of 501(c)(4) dark money groups by FirstEnergy and now-imprisoned former Ohio House Speaker Larry Householder to launder campaign donations and prop up the candidacies of politicians who would support an unnecessary $1.3 billion bailout for the utilities industry at the expense of consumers.

Corporate dark money largess

FirstEnergy’s headquarters in Akron. (Photo from Google Maps.)

Householder’s dark money group, Generation Now, has pleaded guilty to participating in the conspiracy, and was used by FirstEnergy to funnel more than $60 million worth of bribes to Householder’s political machine to make him Ohio House Speaker and pass the bailout. Ohio Gov. Mike DeWine signed the bailout the same day it was passed.

$15 million of the Generation Now came via another dark money group, Partners for Progress. FirstEnergy gave $25 million to Partners for Progress between 2017 and 2019. A FirstEnergy lobbyist named Dan McCarthy was listed as the principal of Partners for Progress in 2017, later leaving to become DeWine’s legislative affairs director where he lobbied to pass the House Bill 6 bailout. Certain FirstEnergy executives were also involved in choosing the three directors of Partners for Progress, two of whom were FirstEnergy lobbyists.

FirstEnergy also gave $1 million in 2017 to a dark money group called Freedom Frontier supporting Jon Husted as he made a Republican Party primary bid for the nomination to run for governor. The group then supported DeWine after Husted dropped out of the primary race to become his running mate.

In 2018, FirstEnergy donated $2.5 million to a Republican Governors Association-affiliated dark money group called State Solutions backing DeWine for governor. In 2019, they gave $300,000 to another dark money group called Securing Ohio’s Future, for a grand total of nearly $4 million in dark money to support DeWine/Husted.

Leaving no pocket unfilled, FirstEnergy also made a $300,000 contribution in 2019 to a dark money group called Liberty Ohio, which a FirstEnergy lobbyist tied to now-Ohio Senate President Matt Huffman, calling it “the Huffman C4.”

As far as traditional campaign spending, now-indicted former FirstEnergy executive Chuck Jones hosted a fundraiser for DeWine at his home. The company also gave nearly $1 million in traditional campaign money to legislators, other officeholders, candidates and political parties. This included FirstEnergy’s largely employee-funded political action committee, which gave $25,202 to the 2018 DeWine campaign and $10,000 to his inaugural committee. Alongside Jones providing $12,700 in food and beverages for the DeWine fundraiser, the total in traditional funding comes to $47,902. After the scandal broke in 2020, DeWine pledged to donate $35,000 of that, noting at the time that FirstEnergy executives had not been charged.

Influence peddling

Shortly before winning the 2018 race for governor, DeWine met with FirstEnergy executives at an RGA fundraiser in downtown Columbus on Oct. 10, 2018, the Dayton Daily News first reported. FirstEnergy Solutions then donated $500,000 to the Republican Governor’s Association, according to tax records.

Shortly after winning the 2018 race for governor, on Dec. 18, 2018, DeWine, Husted, Jones and now-indicted FirstEnergy executive Michael Dowling met at the Columbus Athletic Club. That same night, Jones and Dowling went from that dinner to the German Village condo of FirstEnergy lobbyist Sam Randazzo, where they seem to have negotiated a $4.3 million payment that FirstEnergy has admitted in a deferred prosecution agreement was a bribe.

When Randazzo was indicted by the U.S. Department of Justice in December 2023 on 11 felony counts of bribery and embezzlement, the charges included allegations that Randazzo had a corrupt relationship with the FirstEnergy executives stretching back to 2010, allegedly serving as general counsel to the Industrial Energy Users of Ohio while secretly being paid as a consultant for FirstEnergy: Randazzo settled disputes over electricity rates on terms acceptable to the energy companies, then channeled the settlement money through shell companies where he skimmed off a portion, the indictment said.

From left to right: Former PUCO Chair Sam Randazzo, former FirstEnergy CEO Chuck Jones, former FirstEnergy VP Michael Dowling. (Mugshots from the Summit County Sheriff’s Office. Graphic by WEWS.)

Between 2016 and 2019, FirstEnergy paid $13 million into Randazzo’s shell companies, a state-level indictment of Randazzo said. Of that, Randazzo passed $7.75 million to the industrial users and pocketed the rest, it said. DeWine’s chief of staff, Laurel Dawson, was married to a man who had been a paid lobbyist for FirstEnergy — and who had received a $10,000 loan from Randazzo in 2016, the indictment said.

In January 2019, as Randazzo was being vetted to chair the PUCO, he told Dawson, DeWine’s then-chief of staff, about the $4.3 million payment, but he did not tell her about the other millions he had received from FirstEnergy, the indictment said. Randazzo didn’t report any of the payments to the Ohio Ethics Commission, it added.

A former aide gave DeWine a 198-page dossier reporting shady financial connections between Randazzo and FirstEnergy on Jan. 28, 2019. But the governor’s office says that Dawson never told the governor about the $4.3 million payment before DeWine nominated Randazzo to chair the PUCO on Feb. 4, 2019.

According to the state indictment, Randazzo spent the rest of the year and part of the next helping to draft and openly lobby for the corrupt bailout. The bailout was passed and signed in July 2019.

Householder and four others were arrested in July 2020. But it wasn’t until the following November — when the FBI searched Randazzo’s condo — that Dawson says she told the governor about the $4.3 million payout.

DeWine has staunchly defended Dawson, just as he defended McCarthy, the former aide and FirstEnergy lobbyist with the dark money bribery pass-through group. McCarthy resigned his position in September 2021, but DeWine has kept Dawson on staff as an advisor earning more than $180,000 per year. In September 2023, DeWine appointed McCarthy to the state racing commission.

What’s happened since?

After the scandal broke, the nuclear part of Ohio House Bill 6 was eventually repealed, but the law’s gutting of the state’s renewable energy portfolio still stands, as does the bailout of two 1950s-era coal plants, one of which is in Indiana.

Householder and former state GOP Chairman Matt Borges are serving 20 years and five years respectively in federal prison for their roles. Two other lobbyists cooperated and are awaiting sentencing, while a third died by suicide wearing a “DeWine for governor” t-shirt in June 2021. Randazzo died by suicide on April 9, 2024.

FirstEnergy shareholders have filed a lawsuit, an ongoing case in which DeWine has been subpoenaed and Husted has been called on to give a sworn deposition.

Ohio Gov. Mike DeWine. (Photo by Graham Stokes for the Ohio Capital Journal / Republish photo only with original story.)

Asked this week about the Oct. 10, 2018 RGA fundraiser meeting with FirstEnergy executives, DeWine claimed, “I don’t remember that. I’m not disputing it. I just don’t remember. I don’t remember the meeting.”

As for the Dec. 18, 2018 dinner with FirstEnergy executives, DeWine has said he doesn’t recall Randazzo’s name coming up.

Asked this week about the $4 million that FirstEnergy spent in dark money supporting his bid for governor, DeWine claimed he didn’t know about it.

Sure, Jan.

After the death of Randazzo, Ohio Attorney General Dave Yost has said the state’s prosecution will proceed, and Jones and Dowling, who have pleaded not guilty, will still have to face their day in court.

U.S. Attorney for the Southern District of Ohio Ken Parker has said his team will also continue to pursue the widespread corruption case.

Citizens United

Deploying one of the most absurd, naive, and destructively dumb statements I’ve ever read in a U.S. Supreme Court ruling from my lifetime, then-Justice Anthony Kennedy in 2010 authored the landmark campaign finance decision in Citizens United v. Federal Elections Commission:

Former U.S. Supreme Court Justice Anthony Kennedy (Official photo.)

“(W)e now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. … The fact that speakers (i.e., donors) may have influence over or access to elected officials does not mean that these officials are corrupt. … The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy,” Kennedy claimed.

What combination of delusional hallucinogenics was Kennedy on what he made that obnoxious declaration?

As then-Justice John Paul Stevens obsesrved in his dissent, the majority’s Citizens United ruling is “a rejection of the common sense of the American people.”

This entire dark money political bribery and money laundering scheme in Ohio was made possible exactly because a narrow majority of Republican justices on the U.S. Supreme Court declared that for the purposes of the constitution, corporations are people and money is speech.

They followed the Citizens United ruling with several others that removed any and all accountability for dark money political spending, including upholding the SpeechNow.org v. FEC appellate ruling months after Citizens United, and their McCutcheon v. FEC ruling in 2014 by another 5-4 vote.

Combined, these decisions have cleared the way for wealthy individual donors, corporations, and other moneyed special interests to spend unlimited dark money on elections. And oh boy, have they ever.

Outside groups have poured billions of dollars into influencing American elections since the Citizens United ruling.

Take just our races in Ohio for one of our seats in the U.S. Senate, and just outside spending for or against candidates: According to OpenSecrets.org, in 2004 the amount was just over $45,000. In 2010, it was nearly $3.5 million. In 2016, it was more than $54 million. In 2022, it was just shy of $100 million dollars.

Restoring representation

This is all so far beyond ridiculous there’s nary a word for it. Gerrymandered rigging of district maps to guarantee supermajority party power goes hand-in-hand with a system of campaign finance that allows for this kind of pervasive pay-to-play corruption infecting government.

If voters are ever to truly save Ohio and the American Republic by restoring true representation of the people and the people’s interests, poisonous gerrymandering and corrupt political spending have to be addressed as first priorities.

This should have been done here in Ohio nearly four years ago when the FirstEnergy scandal first broke. But supermajority Republican lawmakers, with DeWine by their side, instead spent 2021 and 2022 imposing more unconstitutionally gerrymandered maps. And while they’ve found time to indulge every culture war distraction on the extremist right-wing menu, they’ve done absolutely nothing to address widespread public corruption.

This relentless, belligerent misrepresentation of the people of Ohio and our best interests has only led to miserable public outcomes, and for myself, as a seventh generation Ohioan whose family moved here in 1805, it all embarrasses us deeply in the eyes of the nation.

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