0614 davispftexasfbi

Emails, Zac Petkanas, communications director, Wendy Davis campaign, June 26, 2014

On Thu, Jun 26, 2014 at 3:04 PM, Selby, Gardner (CMG-Austin) <wgselby@statesman.com> wrote:

Do you have information that pertains to this billboard? I am researching its accuracy today.

https://twitter.com/DefeatDavis/status/482181742724259840/photo/1

W. Gardner Selby

PolitiFact Texas

www.politifact.com/texas

Austin American-Statesman

512-445-3644

Follow me on Twitter/@gardnerselby

From: Zac Petkanas

Sent: Thursday, June 26, 2014 3:15 PM

To: Selby, Gardner (CMG-Austin)

Subject: Re: Urgent inquiry for a fact check

The Facts On FBI Investigations

Davis is Not The Subject of Any Investigation

Prosecutor: Wrong to Say Davis Subject of FBI Investigation. In April 2014, the Austin American Statesman spoke with the director of the Public Integrity Unit, Greg Cox, housed in the Travis County District Attorney’s office. They wrote, “On Friday, Cox said it would be wrong to read into that that Davis is a subject of the FBI investigation. Cox said that the Public Integrity Unit did not provide the FBI any information, it was the FBI that provided the Public Integrity Unit with information about its investigation of the NTTA.” [Austin American Statesman, 04/18/14]

An Outside Expert Said There Was Nothing Damning About The Available Information. In April 2014 the San Antonio Express-News wrote, "Rice University political scientist Mark Jones 'there's really nothing damning' in records about Davis' legal work being part of a broad look at the NTTA. 'When they start these types of inquiries, they sweep up everything. Since Wendy Davis did work as a lawyer for the NTTA, and the FBI is doing a sweeping investigation of the NTTA, it isn't surprising there is some type of file related to her,” Jones said. “That would likely be the case for anybody who did work of a substantive nature with NTTA.'" [San Antonio Express-News, 04/18/14]

The Facts Are Clear: NTTA Board Members Are The Subject Of The Investigation

The NTTA Disclosed An FBI Investigation In To Its Board Members In 2011. In April 2014 the Dallas Morning News wrote, “The NTTA disclosed in 2011 that the FBI was investigating potential conflicts of interest among current and former board members.” [Dallas Morning News, 04/18/14]

· Davis Never Served On The Board Of The NTTA. In April 2014 the Dallas Morning News wrote, “The NTTA disclosed in 2011 that the FBI was investigating potential conflicts of interest among current and former board members. Davis has never served on the board. No one has been charged, and an attorney for one former director said last year that federal authorities had cleared his client.” [Dallas Morning News, 04/18/14]

· No Charges Had Been Filed By April 2014, One Former Board Member Was Cleared. In April 2014 the Dallas Morning News wrote, “The NTTA disclosed in 2011 that the FBI was investigating potential conflicts of interest among current and former board members. Davis has never served on the board. No one has been charged, and an attorney for one former director said last year that federal authorities had cleared his client.” [Dallas Morning News, 04/18/14]

Local Prosecutors Reviewed The Information, Cleared Davis

Travis County Reached Out To Get The File On NTTA From Federal Investigators. In April 2014 the Texas Tribune wrote, “Travis County prosecutors had seen news reports about an FBI investigation into NTTA board members and asked the federal agency for any relevant records. ‘The FBI was looking into the NTTA so we reached out to them and, you know, law enforcement to law enforcement, they shared stuff,’ Cox said.” [Texas Tribune, 04/18/14]

Local Prosecutors Said They Didn’t Find Anything Worth Pursuing. In April 2014 the Texas Tribune wrote, ““[Gregg Cox, the Travis Country Public Integrity Unit’s Director] said his unit did not find anything worth pursuing in its investigation into Davis and that his unit did not provide any documents to the FBI.” [Texas Tribune, 04/18/14]

Local Investigators Realized Quickly That There Were No Merits To The Charges Against Davis. In April 2014, the Austin American Statesman spoke with the director of the Public Integrity Unit, Greg Cox, housed in the Travis County District Attorney’s office. They wrote, “’We opened it (the case) to gather additional information but didn’t really take it to the formal investigative level like taking witnesses to the grand jury as we sometimes do,’ Cox said” [Austin American Statesman, 04/18/14]

Local Prosecutors Said They Shut Down The Investigation Quickly. In April 2014 the Texas Tribune quoted Gregg Cox, “We shut it down before it ever went to the grand jury.” [Texas Tribune, 04/18/14]

Travis County Officials Suggested There Was Nothing For Anyone Else To Prosecute Either. In April 2014 the Texas Tribune quoted Gregg Cox, ““Cox said that whenever his agency finds information that could be useful for a case in another venue, his office typically refers that information to the relevant agency, such as a local district attorney’s office or federal authorities. “I know we didn’t refer anything in this case,’ Cox said. ‘We didn’t refer anything to anybody else.’” [Texas Tribune, 04/18/14]

So No One Else Investigated Or Prosecuted. In April 2014 the Texas Tribune wrote, “Davis' law firm is based in Fort Worth. Melody McDonald, spokeswoman for the Tarrant County District Attorney, which has jurisdiction over crimes committed in Fort Worth, said her office is ‘not pursuing or involved in any investigation’ involving Davis or her law firm.” [Texas Tribune, 04/18/14]

The Charges Prompting The Investigation Were Politically Motivated

The Charges Began As A Desperate Political Attack From A Losing Opponent. In April 2014 the Texas Tribune wrote, “The Public Integrity Unit is run by the Travis County District Attorney's office, which is led by Democrat Rosemary Lehmberg. It is tasked with prosecuting public corruption cases statewide. Its investigation into Davis was prompted by a complaint filed against her by then-state Rep. Mark Shelton, who was running to unseat Davis in the Senate.” [Texas Tribune, 04/18/14]

Local Prosecutors Dropped The Complaint From The Political Opponent. In April 2014, the Dallas Morning News wrote, “In a letter to Shelton in September, the district attorney’s office said it had conducted legal research into his complaint against Davis but had been ‘unable to accumulate sufficient evidence to support a prosecution’ for any offense that might have occurred in Travis County.” [Dallas Morning News, 04/18/14]

Zac Petkanas

On Thu, Jun 26, 2014 at 4:18 PM, Selby, Gardner (CMG-Austin) <wgselby@statesman.com> wrote:

Has Davis been approached, contacted and/or interviewed by the FBI? If so, please elaborate.

(Petkanas) 4:26 p.m.