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Deal proposed in ex-schools chief's ethics case

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The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.

Inspector General David Thomas filed charges last November alleging Bennett violated state ethics laws by using public employees and state resources for "political campaign fundraising, responding to a political opponent's assertions, scheduling campaign meetings, scheduling campaign telephone calls, and/or other political and/or personal activity."

Both Thomas and Bennett's defense attorney, Jason Barclay, declined to discuss the details of the settlement before Thursday's commission meeting. It will be up to the five-member ethics commission to decide whether to approve the settlement.

An Associated Press investigation found that Bennett and his staff had kept copies of Republican Party fundraising lists on state computers. One list, dubbed "The Big Hitter List" included contact information for mega-donor Christel DeHaan and a suggestion that Bennett press her for more money.

Bennett secretly changed Indiana's school-grading system in 2012 to benefit DeHaan's Indianapolis charter school, Christel House Academy. Bennett resigned as Florida's schools chief last August, shortly after the AP published emails showing his efforts to benefit DeHaan.

In both the ethics case and the grade-change scandal, Bennett has said he did nothing wrong. Bennett hired two of the state's most prominent defense attorneys, Larry Mackey and Jason Barclay, to represent him in the ethics case. Mackey previously led the prosecution of Oklahoma City bomber Timothy McVeigh and Barclay rewrote the ethics laws in 2005 that Bennett is accused of breaking.

Mackey has become the state's most prominent white-collar criminal defense attorney, defending convicted Ponzi-schemer Tim Durham at the start of his case and successfully defending developer John Bales against fraud charges last year.

It is unclear if anyone else is investigating Bennett. A spokeswoman for Marion County Prosecutor Terry Curry, whose office handles prosecutions of state officeholders, did not return a request for comment Monday. Tim Horty, a spokesman for U.S. Attorney Joe Hogsett, said he could neither confirm nor deny any federal investigation of Bennett.

"We are aware of the IG's investigation and the existence of a report," Horty said.

It is against the law for public officials to use state resources for campaign work. Almost 30 years ago, former Schools Superintendent Harold Negley was indicted on charges of ghost employment and misuse of state resources for having his employees perform campaign work. He submitted a guilty plea in 1985, and was fined $1,000 and forced to do 2,000 hours of community service.

In one email from Bennett, dated August 28, 2012, he asked then-Chief of Staff Heather Neal, then-Deputy Chief of Staff Dale Chu and other top staffers to dissect a campaign speech from his opponent, Democrat Glenda Ritz. Ritz upset Bennett in the 2012 election a few months later.

"Below is a link to Glenda's forum in Bloomington. It is 1:35 minutes. I would ask that people watch this and scrub it for every inaccuracy and utterance of stupidity that comes out of her mouth," Bennett wrote.

Bennett's calendar also listed more than 100 entries of "campaign calls" during the day, although it is not clear if he made the calls from inside the Statehouse -- a violation of state law -- or somewhere else.

Bennett's former Communications Director Cam Savage downloaded one of the fundraising lists to a Statehouse computer in 2009. In other emails, Bennett's staff talked about doing campaign work during normal work hours. Neal resigned as Gov. Mike Pence's chief lobbyist two weeks after the grade-changing scandal was uncovered and took a job with Savage at the campaign firm Limestone Strategies.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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