The hallways outside the federal grand jury room in downtown Atlanta were quiet Tuesday as the deadline passed for five current and former ethics commission employees to turn over documents.
Former commission employees Stacey Kalberman, Sherilyn Streicker and John Hair, along with current employees Holly LaBerge and Elisabeth Murray-Obertein, were served subpoenas late last year to turn over documents related to a series of investigations into Gov. Nathan Deal’s 2010 campaign.
All five apparently chose to send records in advance rather than appear in person.
Wilmer “Buddy” Parker, a former federal prosecutor, said the use of subpoenas to obtain documents is a fairly standard first step in a probe.
“What would really signal to me that they are serious is if they follow up by subpoenaing testimony from the people involved,” Parker said.
He also said a politically sensitive investigation of this nature — touching on high-level officials — would almost certainly have the approval and involvement of top Department of Justice officials in Washington.
The Atlanta Journal-Constitution reported in October that the FBI was investigating the agency. The commission, charged with holding the state’s elected officials accountable, has been embroiled in controversy — including accusations of improper behavior and the manipulation of files — related to the whistle-blower lawsuits Kalberman and Streicker filed against the state. The pair claim they lost their jobs for investigating Deal.
Deal, who was accused of misusing campaign cash and accepting contributions over the legal limit, was cleared of major charges in 2012 and ordered to pay $3,350 in administrative fees for “technical defects.” Murray-Obertein, the commission’s attorney, had recommended a fine of $70,000.
Deal attorney Randy Evans has said the subpoenas don’t “involve anything to do with the governor.”
Meanwhile, Murray-Obertein, a key witness in Kalberman’s and Streicker’s civil suits, remains on administrative leave after a Capitol police officer last week said he smelled alcohol on her breath during work.
Murray-Obertein and Hair gave sworn testimony alleging the improper behavior in the Kalberman and Streicker lawsuits. Kalberman and Streicker were forced from their jobs in 2011. Both suits are scheduled for trial in February in Fulton County Superior Court, although Kalberman’s case must still survive a judge’s review.
Streicker’s job was eliminated, and Kalberman was told her pay would be cut 30 percent just weeks after they presented commissioners with draft subpoenas in the Deal case. Commissioners have testified that the cuts were necessary for budget reasons.
Hair, an ex-computer specialist at the commission, told the AJC that he was ordered to remove or alter dozens of documents in the governor’s case file. The governor’s office has denied that any documents were removed or altered, and LaBerge testified that she did not interfere in the case.
Hair and Murray-Obertein also claim LaBerge bragged that Deal “owed” her for scuttling the case against him, which she has denied in sworn testimony.
The commission has asked the state auditor to investigate the allegations.
The ethics commission, formally known as the Government Transparency and Campaign Finance Commission, will meet Thursday, although an agenda has not yet been posted.
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