Hawaiʻi attorney general addresses ongoing investigation into possible public corruption

Hawaiʻi Department of the Attorney General hosted a press briefing Friday to address an ongoing investigation into possible public corruption.

It’s been a little more than 3 weeks since federal authorities informed state officials that they would provide to the attorney general evidence concerning an alleged incident involving an unnamed “influential state legislator” who is alleged to have accepted about $35,000. 

Hawaiʻi Attorney General Anne Lopez provided an overview of where the investigation stands, the nature of the investigation and the team working on it, with one caveat.

“Because this is an ongoing investigation, I am limited in what I can address,” said Lopez. “For the questions that I can answer, I will.”

Background on investigation into ‘influential state legislator’

Former Oʻahu state Rep. Ty Cullen pleaded guilty and was convicted in February 2022 of honest services wire fraud in a case initiated by the U.S. attorney for the District of Hawaiʻi.

Federal investigations also in 2022 led to former Maui state Sen. J. Kalani English being convicted for honest services wire fraud.

In a sealed federal motion, the U.S. attorney emphasized Cullen’s cooperation with the government. That motion presented two sentences, which Lopez said are of interest to everyone:

“On Jan. 20, 2022, Cullen met with the same subject of the investigation, along with an influential state legislator, and recorded a conversation that provided further helpful information to the investigative team. During the meeting, the subject provided the state legislator with approximately $35,000 in funds that were purportedly to be used in an existing campaign.”

Lopez said the initiation of the investigation was only possible after she came to an agreement in January with U.S. Attorney Ken Sorenson that his office would transfer evidence to Hawaiʻi Department of the Attorney General for investigation.

The U.S. attorney had not previously offered evidence to the state, and informed the state attorney general’s office that a parallel investigation would interfere with the federal probe.

Lopez’s department now has that evidence.

When asked to comment about recent media reports regarding the investigation, Lopez said she is unable to respond and noted that individuals have made their own statements.

“As I said earlier, I’m not going to share any names or any details of the evidence that we have,” the attorney general said.

Hawaiʻi Lt. Gov. Sylvia Luke reportedly acknowledged she might be the “influential state legislator” cited in federal court documents, but she told state media outlets that checks were returned after charges were filed against Cullen.

“The facts are very confusing and don’t line up, … but at the same time you still got to wonder,” said Luke in a Feb. 10 report by Honolulu Star-Advertiser.

Lopez was also asked if she could speak to the line of succession if the lieutenant governor was no longer in that position.

“I can be very clear. I will not accept that position. If the Senate and the House don’t want it and it comes to me, I will say I don’t want it either,” Lopez said.

Lt. Gov. Sylvia Luke releases statement

Luke released a statement following the attorney general’s press briefing:

“Today, the attorney general underscored her department’s independence and emphasized the importance of allowing her and her team to follow the facts in their ongoing investigation. I respect the attorney general’s process and the seriousness of the work underway. I will cooperate with any review.

“Public service requires accountability and transparency. I remain focused on doing the work the people of Hawaiʻi elected me to do — supporting our communities, strengthening our economy and ensuring that state government continues to operate with stability and integrity.”

Luke added that she will not comment further about the investigation while the review is ongoing, but said she has confidence the process “will follow the facts.”

Criminal Investigation, respecting basic principles

“This is a criminal investigation,” said Lopez. “If a crime has been committed, I will prosecute it to the fullest extent of the law. Because this is a criminal investigation, and criminal investigations could lead to trial with criminal penalties, the Constitution is essential in my thinking, as it should be for everyone.”

The attorney general noted she is bound by duty to promote and respect basic principles — the right against unreasonable search and seizure, right to a jury trial, burden of proof beyond a reasonable doubt, right against self-incrimination and other foundational rights.

“Defendants are entitled to a fair trial and the presumption of innocence,” said Lopez, adding her legal and ethical duties demand the investigation is done by the book. “It is for this reason that today I can’t answer questions that people are asking for answers of; I cannot name names. I cannot tell you what evidence we received, and I can’t tell you whether or not a crime was committed.”

She said revealing this information could jeopardize not only the rights of the suspect(s) in this investigation, but the entire case.

Prosecutorial Independence

Lopez was asked if she was allowed to share the status of the investigation, and are the contents of the resolution with Hawaiʻi Gov. Josh Green.

She said no, pointing to what she called prosecutorial independence.

“The beauty of the Hawaiʻi Constitution is that the governor appoints me and the Senate confirms me. Once that’s done, I have prosecutorial independence,” Lopez explained. “The governor cannot fire me. I can only be removed from my office with, I think, a 50% vote of the Senate.”

She promised to not be a politician, and said Green promised that prosecutorial independence is crucial to her department.

Special Investigations and Prosecution Division

“A proper investigation, according to criminal procedure, should be the norm, and our only goal,” Lopez said. “My ongoing investigation is proceeding as quickly as possible, with the knowledge that everyone in Hawaiʻi is waiting for the answers to these questions.”

She added her department has a capable team working on the investigation, noting that for years, it was conventional wisdom that state government couldn’t prosecute or investigate public corruption — the federal government had to do it.

“And it’s true that for many years, state and counties did not have the resources for these kinds of investigations,” Lopez said. “But that changed in 2022.”

That’s when Hawaiʻi Legislature created the Special Investigations and Prosecution Division under the umbrella of Department of the State Attorney General. Lopez said the division is staffed with top prosecutors, experienced investigators and analysts.

“They are charged with investigating public corruption, and this investigation falls squarely within their mission,” she said.

The department is also equipped to do parallel investigations.

“When that is the case, and it has been the case every now and then, we do put up that wall. In this case, I’ll be frank and say I have a wall already,” Lopez said. “My first deputy and special assistant have not received any of the information that I have about this investigation.”

She discussed a suggestion brought forward asking that a special prosecutor be appointed to handle this matter because of an alleged conflict of interest.

“First, there is no legal process in Hawaiʻi law for the appointment of a special prosecutor,” said Lopez. “But even more importantly, the calls for a special prosecutor ignore the fact that the Special Investigations and Prosecutions Division was created for this exact purpose, and it has been investigating and prosecuting public corruption in the state of Hawaiʻi over the last several years since its creation.”

When asked about any potential conflicts, Lopez made it clear.

“There is no conflict because of my prosecutorial independence,” she said. “I really want people to understand that. “I can’t be influenced. But having said that, our supervising deputy for that branch is David Van Acker. He is an incredibly talented and capable prosecutor. He and his team, I believe he’s got another prosecutor and two investigators and analysts working on this almost day and night.”

Lopez also will not substitute her judgment for their recommendations.

“They will come and they will make a recommendation to me, and I will follow that recommendation,” she said. “I trust in their work and their integrity. So any decision I make will be based on their recommendation.”

Timeline of investigation

In discussing a timeline of when the investigation will be completed, Lopez said her department has already issued multiple subpoenas and completed several interviews.

“The criminal investigation must be conducted methodically and carefully, and I assure the people of Hawaiʻi that my team and I are taking this seriously and working as quickly as we can,” the attorney general said, also asking for some patience.

When asked if there was any political pressure because of the upcoming primary and general elections, Lopez said there has not.

“That doesn’t mean that my team and I aren’t very clear that this is an election year, and the answers to these questions are really important to people,” she said. “Theyʻre serious questions that deserve serious and correct answers. So we fully recognize that the time frame before the primary, and then the ultimate investigation is, not that far away.”

Her department is working day and night to bring this investigation to a conclusion prior to that.

Lopez anticipates providing an update about the status of the investigation every 2 weeks.

“But to be clear, there could be an update in which I come to say, ‘I can’t update you with any new information today,'” she said.

Reaffirming integrity of investigation

Lopez concluded by reaffirming her pledge to Hawaiʻi to ensure the integrity the investigation.

“Since my first day as attorney general, I have said that I will uphold my oath with integrity, and that I expect the people of Hawaiʻi to hold me accountable to do my job,” she said. “Now, in my 4th year, I reaffirm that commitment wholeheartedly. The weight of my duties and my steadfast belief in the principles that guide my work and pursuing justice must be part of our every day work, and be consistent every day.”