New texts show FirstEnergy allegedly working with Gov. DeWine to pass House Bill 6

Ohio Gov. Mike DeWine. (Photo and graphic by WEWS.)

Now-indicted FirstEnergy executives allegedly worked with Ohio Gov. Mike DeWine and his team to pass legislation that was the result of the largest corruption scheme in state history, according to newly released text messages. DeWine denies knowing House Bill 6 was a bribe.

The governor has tried to distance himself as much as he can from the scandal, one where FirstEnergy spent $61 million dollars in exchange for legislation giving a $1 billion bailout for their failing energy company.

This landed former House Speaker Larry Householder in federal prison for 20 years, and he is now facing state charges, as well.

DeWine says he only signed the bill because it was good policy.

“I supported this bill because it supported nuclear energy,” the governor said Monday.

But a public records request reveals that DeWine communicated frequently during his first run for governor with former FirstEnergy CEO Chuck Jones and VP Michael Dowling.

Fundraising

The pair held lavish fundraisers before he was elected, with Jones giving speeches about how DeWine would be great for “his company and shareholders,” he said in one speech we received. Plus, Jones provided the now-governor money when he asked.

“Chuck. Can you call me?” DeWine wrote on October 13, 2018 — less than a month before he faced off against Democrat Rich Cordray in the governor’s race. “OEA put in million yesterday for Cordray.”

“OK,” Jones responded. “I’ll call at 2:30.”

Three days later, Dowling texts Jones and said, “Chuck — go ahead and call Mike DeWine on the $500k. It’s going to RGA’s C(4) called state solutions. All set.”

Jones responds, “OK. I’ll call him around 5.”

Both Jones and Dowling were hit with state bribery charges. They pleaded not guilty during their joint arraignment in mid-February. They are accused of masterminding the corruption scheme.

DeWine continues to claim he doesn’t remember these conversations.

“I’m making a lot of calls to a lot of people asking for money,” DeWine said. “And if that call was made, I have no doubt it was made.”

DeWine’s bribed utility watchdog

Not only are there the texts, but the DeWine administration has been wrapped up with another scandal-ridden individual: Sam Randazzo, the man DeWine selected to be the state’s top utility regulator.

Randazzo was charged the past December with dozens of crimes related to bribery and embezzlement. He allegedly received more than $4.3 million in bribes from FirstEnergy, according to Department of Justice officials and Attorney General Dave Yost — and FirstEnergy admitted it themselves in a deferred prosecution agreement. Randazzo died by suicide in April after he was indicted in both state and federal court.

Back in February, DeWine defended one of his top advisors after a criminal indictment alleged she knew about millions going to Randazzo from FirstEnergy, right before he was appointed to power by the governor. She helped vet the former chair of the Public Utilities Commission, the supposed watchdog of utilities after her family had already received a $10,000 loan from him. She is now a witness in the criminal trial against Jones and Dowling, DeWine spokesperson Dan Tierney confirmed.

The governor’s team insists she didn’t know the millions was a bribe payment.

With DeWine’s track record, WEWS Statehouse Reporter Morgan Trau asked him why anyone should believe that he wasn’t involved with the corruption scheme or didn’t remember the conversations with executives.

He wasn’t thrilled with the question and answered that his reputation should give people faith in him.

State Rep. Casey Weinstein, D-Hudson, said he doesn’t believe the governor.

“You’re aware of everything going on, especially in the home stretch,” Weinstein said. “You remember — unless you try not to — or conveniently can’t.”

We asked a dozen public officials across the political spectrum with different positions if they would forget a $500,000 donation. All said no.

Forgetting a donation isn’t a crime, though.

DeWine has been subpoenaed for documents in a civil case, but he has not been accused of any wrongdoing by law enforcement.

The governor continued to defend himself, using the “politics as usual” argument. This is a legitimate argument, Case Western Reserve University law professor Mike Benza said, although it doesn’t look great to use.

“At least in the public documents — nothing shows that same type of quid pro quo going to Jon Husted or Governor DeWine,” the professor said. “It certainly has the appearance of it, but there’s no smoking gun in this type of a case yet… but I think they have to be worried.”

New records of communications about passing the bailout

This week, public records revealed additional communication between DeWine, his team, and FirstEnergy.

Messages show that DeWine and his staff communicated with FirstEnergy regularly, including meetings and phone calls on a whim with Jones during the campaign. And after DeWine was elected, communication allegedly continued regarding the bailout legislation.

Dowling texted Jones and explained DeWine was doing background bidding for the company to get lawmakers to pass H.B. 6.

“We know that DeWine called Senate President to express support for HB 6,” Dowling texted on June 4, 2019.

Then-Senate President Larry Obhof wasn’t immediately sold on the proposal, the texts seem to suggest.

“Eileen Mikkelsen and I have been working on a quiet effort with the Admin (at their request) on a modification to HB 6 that DeWine can use as a way to get Obhof to move something good for everyone by end of the month,” Dowling texted on June 6, 2019. “Admin knows they need to broker a deal between the House and Senate.”

We asked DeWine’s spokesperson, Dan Tierney, what these conversations looked like. He said he would “check” on that.

Other texts between Jones and Dowling say that DeWine also got a playbook from FirstEnergy on how to “talk about” a negative financial report on the impact of H.B. 6.

“How much rehab of that API report is still needed. He says some lady in Govs office is still concerned about the report?” Jones texted Dowling.

“Mike Dawson is going to ask his wife tonight where we stand on it. He thinks we’re good. But he’ll let us know. That lady is not a major player. Mike Dawson thinks her job on this is to make sure the DeWine team knows how to talk about the API report,” Dowling responded, referencing lobbyist Mike Dawson and his wife, DeWine aide Laurel Dawson.

Lobbying isn’t a crime, Tierney said.

“People are operating under the assumption that Chuck Jones was the first CEO ever in the history of the state to talk with the governor of the state of Ohio,” he said. “And then your expectations are skewed.”

On the day that H.B. 6 was sent to the governor’s desk, July 23, 2019, Householder ally and coal company executive Matt Evans sent a text to Jones.

“Just talked to DeWine. He will sign the bill within the hour,” Evans texted.

We asked Tierney how often DeWine directly communicates with — in essence — a lobbyist prior to signing legislation.

“I will check with the governor,” the spokesperson said. “However, there have been past cases where there have been exaggerated statements or not straightforward statements made in these text messages.”

Communication with lobbyists seemed abundant on this bill.

Dan McCarthy, DeWine’s former legislative director, was named countless times in these documents, with Dowling saying it “helps” to have him on the governor’s team.

In texts between McCarthy and Dowling in August of that year, the legislative director tells the executive he is sending him a pen that DeWine used to sign H.B. 6 into law.

“You’re the best!” Dowling responds.

Once the signing was finished, the close relationship between DeWine and FirstEnergy allegedly remained.

Jones texted Dowling saying, “Got a strange call from DeWine. Wants to meet on 9/16 to talk about a ‘private personal issue.'”

We asked Tierney what this private one-on-one was about. He wasn’t sure and said he would check.

We asked how frequently the governor has private conversations, and Tierney said it is common.

“Very frequently,” he said, listing off how he has been in meetings where the governor has met with sports team owners, heads of colleges and more.

We emphasized we were asking about private one-on-ones without staff. Numerous lawmakers said they would never meet with a CEO alone, plus a multitude of political staffers said they would not let their candidate or elected official meet with someone by themselves.

“I would think that in a position such as the governor, there would be more than just the governor and the CEO of a company in a private meeting,” Trau said to Tierney.

“That would generally be the case,” he responded. “The governor always has security with him.”

“So if that’s generally the case, why is he requesting private personal conversations with Chuck Jones?” she asked.

Tierney reiterated he would look into it.

A month after the alleged private conversation, Jones and Dowling were worried about the repeal effort being brought against H.B. 6.

“Larry is ready to do new legislation immediately if they turn in signatures,” Jones said. “DeWine on board — I talked to him on Weds.”

DeWine must have changed his tune, then. Once Householder was arrested in 2020, the governor called for H.B. 6 to be repealed and replaced.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.

This article was originally published on News5Cleveland.com and is published in the Ohio Capital Journal under a content-sharing agreement. Unlike other OCJ articles, it is not available for free republication by other news outlets as it is owned by WEWS in Cleveland.

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