Here's what we found in Kris Kobach's private emails at Kansas Attorney General's Office

Government work messages sent to and from Attorney General Kris Kobach's private email offer a glimpse behind the scenes of his office.

The Topeka Capital-Journal obtained 940 pages worth of emails and attachments from a Kansas Open Records Act request, though many more weren't turned over.

Topics discussed via his private email largely reflect many of his top public priorities: fighting against illegal immigration, fentanyl drug trafficking, ESG in investments, policies accepting of transgender people and regulations to support prairie chickens.

Did procurement of custom coins circumvent bidding law?

The emails show the attorney general's office worked to procure custom challenge coins from GS-JJ in a way that potentially circumvented a procurement law.

Staff discussed design of the coins via email, originally wanting a specific shade of red background with cream colored text, in line with the office's branding under Kobach. But emails indicate they ultimately went with silver coins with a black background and white text.

The price for 1,500 custom soft enamel coins was supposed to be $5,009 after a 30% discount.

But a vendor sales coordinator's email to Danedri Herbert, Kobach's communications director, suggests the attorney general's office tried to keep the total under $5,000.

"Can you help to advise if there is a reason you want to keep the total amount to US$4999.99?" the email said.

Under Kansas government procurement law, a certain public bidding process is required for any purchase estimated to be more than $5,000 but less than $25,000. The statute mandates "at least three day's notice posted on a public bulletin board" and "receipt of three or more bid solicitations."

"It is common practice for law enforcement agencies and the military to have and hand out 'custom' challenge coins," Charles Dalton, Kobach's chief of staff, told The Capital-Journal. "As the state's chief law enforcement office, we also hand out 'custom' challenge coins. The assertion that the agency 'circumvented' Kansas procurement laws is absurd and is a biased proposition. This agency followed the letter of the law."

Undercover cop used hidden body cam to record concerns from Hispanic meeting

The emails show combating illegal immigration remains among Kobach's priorities.

The KORA response excluded an email and attachment on "RAGA Immigration Panel notes," plus another on "Public Comment on DACA," one on "Invitation to Join Immigration Lawsuit in Texas" and one about discovery in that federal lawsuit led by Texas against the U.S. Department of Homeland Security. Kobach has added Kansas to the lawsuit.

The office did release an email he sent himself with the subject line "DACA aliens by state" with a link to an online report.

The March 31, 2021, report shows Kansas had about 5,210 active recipients of Deferred Action for Childhood Arrivals, a U.S. immigration policy allowing some people who were illegally brought into the country as children to receive deferred action from deportation.

Kobach also used his private email to work on House Bill 2350 about human smuggling.

More: Here's what we found in Kris Kobach's private emails at Kansas Attorney General's Office

"Here's the language that needs to be changed in order for HB 2350 to survive a preemption challenge in court," Kobach wrote to staff.

That language was added to the bill, but later stripped out by a conference committee after Democrats likened it to giving Kobach "power to go on an alien hunt."

After it became law over Gov. Laura Kelly's veto, advocates worried about unintended consequences on Hispanic and immigrant communities and how law enforcement would enforce it, prompting the governor's Kansas Hispanic and Latino American Affairs Commission to conduct information sessions across the state.

The emails show Dodge City Police Chief Drew Francis sent an undercover cop to spy on one of the sessions and report back, which Francis then sent to Kobach's personal and work emails. Dalton told The Capital-Journal that the police chief's email was unsolicited.

"Before arriving, I placed my bodycam in a cargo pocket of my pants and was able to record audio of the meeting," read the report from officer "Jose Soto #D336," whom Francis said was a plainclothes detective.

The officer took notes on the presentation by Monica Vargas-Huertas, the KHLAAC commission chair, titled "Is HB 2350 an anti-immigrant law?" as well as a presentation by KHLAAC executive director Carla Rivas-D'Amico and Edgar Palacios, CEO of the Latinx Education Collaborative.

A KHLAAC spokesperson said the police report is an inaccurate representation of the meeting.

The 11-page report on the June 28 meeting at Dodge City Public Library included details of Vargas-Huertas' criticisms of the law and her explanations of how it could be applied in certain scenarios.

"D'Amico's presentation would be best categorized as lobbying for the current Governor of Kansas," Soto wrote.

Soto added that "the only portion of D'Amico's presentation which caused me any concern was regarding how illegal aliens could influence elections," such as volunteering as a poll worker. "Although not expressly stated, I felt this implied an illegal alien could become involved in election tampering," Soto wrote.

During the event, D'Amico also said "the Attorney General's office has yet to provide a clear statement of how HB2350 should be enforced," Soto wrote.

"They also state that they are waiting for some direction to KS LE [Kansas law enforcement] from the KS AG's Office," Francis wrote to Kobach, "and until that happens, too much is 'unclear', so the best advice is to avoid police encounters and do not talk to them without an attorney."

Even after the police reported to him on the event, Kobach's office did not respond to a request for comment from The Capital-Journal about guidance to law enforcement and prosecutors.

Soto noted that he "saw Dodge City Police Department auxiliary member and Vice Chair of Ford County Democrats Jose Garcia present in the audience" of about 15 people.

After the presentation, "I was approached by Jose Garcia and I greeted him cordially," Soto wrote. "Due to past interactions with Garcia I was concerned he would alert the rest of the audience that I was a police officer which could have led to some controversy, so I left with the first group of audience members.

Laura Francis, of Dodge City, whose email address was redacted emailed Kobach three images of posters advertising the KHLAAC event. She noted the police report "that covers the content of these meetings, put on by the governor's office and spreading misinformation and division."

"My interest is in protecting the department's community relations and trust," Drew Francis wrote. "I have heard there are many advocacy groups spreading a lot of misinformation in regards to HB2350, specifically advising that this will be used by KS LE agencies to harass and discriminate against the Hispanic community, and therefore it is not safe for the Hispanic community to talk to police. After reviewing the report myself, I believe this is a direct assault on the police and public unity, and partnership. One that only serves to advance the insulation and protection of the human traffickers and smugglers exploiting the very community these advocacy groups claim to advocate for the protection of."

Who is Kobach's target audience? TV and conservative media.

The emails show Kobach's team wants to get him in front of TV cameras and in conservative media.

On Jan. 20, communications director Herbert emailed Kobach's private email and other staffers with an op-ed on "DoJ Actions" that Herbert was about to start shopping around. The attached op-ed was excluded from the KORA response, but other emails indicate that it was his opinion published Jan. 24 by Fox News about the Department of Justice's treatment of President Joe Biden's handling of classified documents.

Daniel Burrows, the chief deputy attorney general, responded that he liked the framing, noting the use of the phrase "divine right of kings." Some of the email was redacted, but it did include Burrows saying he thought "something like this could land in traditional conservative media (National Review, Washington Times, Wall Street Journal, etc.). That's a segment where it would be good to raise the AG's profile."

There were other times Kobach used his private email to work on speeches, opinion pieces or other statements.

In late April, Dalton sent Kobach a draft op-ed on lesser prairie chickens. Six days later, Kobach replied from his personal email.

"Here's my almost totally rewritten op ed," he wrote. "Maybe I'm just too critical, but the draft really needed work. As in, it didn't take much less time than starting from scratch. You can shop this version."

Fox News appears to have published Kobach's opinion on May 2.

For interaction with Kansas media, television is the focus, according to emails ahead of Kobach's May 1 news conference touting accomplishments from his first 100 days in office.

J.R. Claeys, a senior adviser to Kobach and a state senator, suggested the order of topics should be according to audience interest, not by type of action. That meant leading with "Fighting back against Natural Gas Price Gouging." He also suggested having Kansas Bureau of Investigation director Tony Mattivi there to discuss KBI matters, and apparently suggested having a state trooper attend.

"May also be possible to loop in KSTA in uniform to stand with you on stage for the KHP connection" to fentanyl and organized retail crime, Claeys said.

Claeys also took note of lighting.

"When we set this up we need to stay away from a wall behind the podium," Claeys wrote. "TV is our audience and they all front light the scene. Looks like the special effects from Ghost happening behind you when we are backs to wall."

That was an apparent reference to a Jan. 26 press conference. Photos from that event show shadows on the wall.

Kobach's ESG concerns extend to national AG group

Kobach was one of the leading voices last session in fighting against the use of environmental, social and governance factors, also known as ESG, in investments. The effort culminated in a law affecting the Kansas Public Employees Retirement System.

Sen. Mike Thompson, R-Shawnee, using his personal email instead of his legislative email, sent the ESG bill draft to both Kobach's work email and his private email, asking him to look it over before Thompson and Rep. Michael Murphy, R-Sylvia, introduced the bills.

Kobach replied from his personal email, telling Thompson he would like to testify on the bill once a hearing is scheduled.

More: How a Christian university's volleyball team violated new Kansas transgender athlete ban

Thompson replied from his private email to Kobach's private email while copying Kobach's work email, with the hearing date.

"I do want you to testify!!" Thompson wrote. "We need to overwhelm any opposition with facts and tear down any arguments they may have. I look forward to it! Thanks Kris!"

Kobach's fight against ESG extended to his role on the National Association of Attorneys General executive committee.

Emails to Kobach's private account included various NAAG documents, including a request for proposals on investment advisory services that stated it was confidential and proprietary. They show NAAG has an investment portfolio with a market value of $225 million that helps fund the organization.

Emails and NAAG documents suggest Kobach had raised ESG concerns with those investments.

On May 10, NAAG executive director Brian Kane emailed both Kobach's work and private emails a completed review of ESG and NAAG investments and offered to provide Kobach with an overview prior to the next meeting.

"I want to make sure that you know what is out there, and what the potential solutions are so that you can be fully prepared," Kane said.

Organized retail crime and $1,200 flights

Kobach's work to address organized retail crime is reflected in the emails, which also include documents from The Home Depot, a 51-page report from the National Retail Federation and a 75-page report from the Retail Industry Leaders Association.

Included in one of the reports was an estimate that Kansas retailers lose $642 million a year to theft, and that "the impact of organized retail crime and product theft in Kansas" is 8,000 fewer jobs, $431 million in lost wages, $1.4 billion in lost economic output and $111 million in less taxes.

On June 7, chief of staff Dalton sent to both Kobach's private and work email addresses information on organized retail crime ahead of his June 13 testimony to Congress.

Kobach sent confirmation of a Southwest Airlines booking for June 13 and June 14 flights. The itinerary was included, with redactions to his rapid rewards account, ticket number and points earned. His roundtrip flights to Washington, D.C., were about $1,200. He flew "business select," meaning he upgraded the boarding pass to get A1 to A15 priority boarding.

Documents from the KORA response detail two investigations into retail theft at The Home Depot stores in Kansas.

A synopsis of "Operation Wichita State Shockers" stated that Wichita police identified five suspects linked to 88 separate thefts from three different stores in and around Wichita. The group stole $103,000 worth of Milwaukee, DeWalt and other portable power tools over 22 weeks. All five suspects were arrested by Wichita police on 15 counts of felony retail theft and 41 misdemeanor offenses.

As of the report, the investigation remained ongoing into how the stolen merchandise was sold, and no money had been recovered.

There was also case "Johhny Too Hotty" with the Kansas Bureau of Investigation and Lawrence police involving at least 70 separate thefts in the Kansas City area, with a total value of $167,000. The suspect was identified with the help of his GPS ankle monitor and admitted to the thefts while identifying a recycling business that purchased stolen wire.

"The documents from Home Depot are not to be shared publicly," Dalton told Kobach.

Two days earlier, a government relations manager at The Home Depot sent information after a meeting with Dalton, Kobach and Mattivi.

"We would this document not end up in the news or in presentation without letting us know first," said Celinda Gonzalez, of The Home Depot.

Emails reveal why GOP lawmakers opposed fentanyl test strips

On Jan. 26, after staff sent talking points for a press conference to his private email, Kobach forwarded it to his work email. Some of the original email from Herbert was redacted, but it did include insight into Republican opposition to fentanyl test strips.

"I also asked a handful of Republican legislators about opposition to fentanyl testing strips," Herbert wrote to Kobach and other staff. "It kind of seems like they object simply because Laura Kelly is pushing it."

After past legislative attempts failed due to opposition by certain Republicans, fentanyl test strips were legalized last session.

There were other emails on fentanyl, like on June 13 when the Kansas Bureau of Investigation spokesperson sent Herbert a draft press release on a fentanyl seizure, asking for a quote from Kobach and any edits. Herbert forwarded the email to Kobach's private email, but not his work one.

There were also emails about fentanyl seizures information and other data, plus an excluded email with the subject line "Fentanyl analogues," and several relating to a fentanyl advertisement.

In one email on the ad, Dalton said "we need more of a pathos approach in the middle section." His apparent suggestion was redacted. In another, Herbert forwarded to Kobach's private email an exchange with the founder of Gizmo Pictures in Topeka about a public service announcement on fentanyl.

"On the fentanyl chart, please don't use 2022," Herbert wrote. "It's not an apples-to-apples comparison, and I have no idea when we'll have the actual, reported numbers."

No 2022 statistics appeared in the fentanyl PSA released by the attorney general's office on June 7.

Gizmo Pictures has contract with other agencies listed in the state government contract database, but none with the attorney general's office are listed.

Kris Kobach used private email to file gender marker lawsuit

The first of many emails tied to anti-transgender bill Senate Bill 180 came in February.

On Feb. 9, Herbert sent to Kobach's private email a draft fiscal note on anti-transgender bill SB 180, describing it as "the bill Hanna was asking you about," likely referring to Associated Press reporter John Hanna. The attachment was not included in the response.

SB 180 has since been the subject of dozens of emails sent to or from Kobach's private email, many tied to his lawsuit against Kelly's administration over gender marker changes on driver's licenses.

Kobach apparently used his private email to file the case.

At 10:04 a.m. July 7, the Kansas court system's automatic reply email confirming that a petition was received by Shawnee County District Court was sent to Kobach's private email address, with carbon copies to his work email and an executive assistant.

That was one minute after the court's time stamp on Kobach's lawsuit against the Kansas Department of Revenue over.

Most of the emails that appear tied to the SB 180 case were excluded, along with their attachments.

That includes an affidavit of Shawnee County Sheriff Brian Hill and another titled and a "Newson Affidavit." The ACLU has argued in public court documents that emails obtained through discovery show the attorney general's office drafted an affidavit for Maj. Rick Newson, of the Johnson County Sheriff's Office, but that he requested it be edited because the statement was inaccurate.

There were other times transgender issues came up in the emails.

That includes an April email from his private account with edits to a letter on pronouns to the U.S. 10th Circuit Court of Appeals.

It is unclear if that is the same letter Kobach sent to the 10th Circuit in October, which argued that people in the federal appellate court should not have to use preferred pronouns of counsel, litigants and witnesses.

On May 15, Kobach used his work email to send an attached "OpEd on Women's Sports" after Herbert had sent to his private and work emails what the subject line called "Rough draft of Trans Title IX."

"Feel free to rip to shreds!" Herbert wrote.

"Good first draft," Kobach replied, noting that he made revisions.

That same day, the attorney general's office issued a news release on a U.S. Department of Education rule about Title IX funds. On May 23, the Kobach opinion piece "If Biden demolishes Title IX, Kansas will sue faster than a man can run" appeared in the Washington Times.

What got excluded and why?

The KORA response came with a list of documents that noted several dozen redactions or exclusions, citing four KORA exceptions.

One exception is for records protected by other state or federal laws, agency records of administrative adjudication or civil litigation, notes and other preliminary documents, attorney work product and personal privacy.

A "Long-shot legislative issue" email and attachment were excluded. So were emails and attachments on "Edits to Affirmative Action Letter," "DACA/ACA Complaint," "DOL ESG filed complaint" and "SB 50 edits," among many others.

There were multiple excluded emails about a Zoom meeting between Kobach and Cooper & Kirk, a prominent conservative law firm in Washington, D.C.

Also excluded was a May 4 email and attachment were excluded on the subject of "Adverse Decision in Voter Participation Center v. Schwab and Kobach." That day, U.S. District Court Judge Kathryn Vratil struck down a state law banning out-of-state entities from mailing advance ballot applications and prohibiting the applications from containing any pre-filled information.

A May 23 email and attachments on "Governor's Line Item Veto" were excluded.

That came after Kelly's May 18 line-item veto of a Republican-backed provision in the K-12 education budget, which set up speculation over whether Kobach would sue. The veto was on murky legal ground, raising unprecedented constitutional questions.

Two days after the email to Kobach's personal account, Senate President Ty Masterson, R-Andover, told reporters that discussions with Kobach's office indicated there would not be a lawsuit. Kobach ultimately did not sue.

A July 9 email and attachment were excluded on "KS TN Corporate Racial Discrimination Multistate Letter." Kobach and Tennessee Attorney General Jonathan Skrmetti led a letter released July 13 that was sent to Fortune 100 companies.

The letter warned the nation's largest businesses not to use racial preferences in employment — a stance that could have an affect on Kansas government operations and be detrimental to federal funding, especially for highway construction contracts. Isabel Guzman, the administrator of the U.S. Small Business Administration, disagrees with Kobach's legal interpretation.

Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.

This article originally appeared on Topeka Capital-Journal: Here is what was in Kris Kobach's private emails about Kansas AG work