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The case against Rachael Rollins: She tried influencing the election for DA

An investigation into the soon-to-be-former US Attorney for Massachusetts grew from a look at her possibly inappropriate attendance at a Democratic fundraiser to include allegations she tried to influence the election of her successor as Suffolk DA in part by planting stories that the acting DA was under federal investigation, even though he wasn't.

In fact, much of the 155-page report by the Justice Department's Office of Inspector General, focuses on Rachael Rollins's involvement in the race to elect a new Suffolk County DA, both by providing frequent advice and commiseration for Ricardo Arroyo and her efforts to get the ultimate winner, acting DA Kevin Hayden, painted as possibly corrupt, through off-the-record conversations and texts with Globe and Herald reporters. This included feeding a Herald reporter an internal Justice Department document recusing her from any investigation into Hayden's actions on a possible case against a Transit Police officer that was started when she was still DA.

That recusal might have cast a shadow over Hayden by implying there was an investigation into him underway when, in fact, there was not. The report says Rollins went so far as to try to convince her underlings at the US Attorney's office that she was as puzzled as they when, after the election, the Herald reported on the Justice Department recusing her from a possible investigation into Hayden - an investigation that, in fact, had not even started:

September 11: Rollins Texts MA USAO Leadership a Link to the Article and Adds “Wtf!?!” and “How are they quoting things?”; Rollins Does Not Inform Them She Was the Source of the Information. ...

At 8:31 p.m. that evening, the First Assistant and Rollins spoke on the phone for over 12 minutes. According to the First Assistant, Rollins was upset with the Executive Officer and asked the First Assistant why she (Rollins) had not been told that the MA USAO had been asked for comment about the Herald article. The First Assistant stated that he told Rollins that it was because she was recused from the matter. According to the First Assistant, Rollins responded that she was not recused from things that were in the public record and that public commentary about the office was different than knowing the details of an ongoing case. The First Assistant told us that in his discussion with Rollins about the Herald article, Rollins never mentioned that she had communicated with the Herald Reporter about the article before it was published.

The report continues that even just seeking recusal on the matter, as it says Rollins did, was unusual because normal Justice practice is only to seek recusal once a case has actually started:

Despite the office-wide recusal on what the Recusal Memorandum referred to as "the investigation and possible prosecution" of Hayden and his First Assistant D.A., the MA USAO did not have an investigation open at the time, and, according to the Criminal Chief, the Office’s Public Corruption Unit had not taken any steps towards opening such an investigation. When we asked the Criminal Chief why a formal recusal was sought under these circumstances, he told us that he did not know why or who made the decision to seek recusal. He explained that, in his experience, normal MA USAO practice was to initiate the recusal process only in instances where the office planned to open an investigation. He said he could not explain why normal practice was not followed in this instance, but that he thought that the Law Professor’s letter may have played a role.

The "letter" refers to a letter that Northeastern Law Professor Daniel Medwed sent Rollins calling for an investigation into Hayden's handling of the Transit Police matter that Rollins tried to get Arroyo to convince Medwed to release publicly as he fended off his own leaks about allegations he sexually attacked a girl in high school.

Based on the evidence described in this report, our investigation determined that Rollins, while serving as U.S. Attorney, assisted Ricardo Arroyo with his Democratic primary campaign for Suffolk D.A., providing him campaign advice and direction and coordinating with Arroyo on activities to help his campaign. Rollins's efforts to advance Arroyo's candidacy included providing negative information about Hayden to The Boston Globe and suggesting where the Globe could look to find more information. The evidence demonstrated that at a critical stage of the primary race, Rollins brought her efforts to advance Arroyo's candidacy to the MA USAO, when she used her position as U.S. Attorney, and information available to her as U.S. Attorney, in an ultimately unsuccessful effort to create the impression publicly, before the primary election, that DOJ was or would be investigating Hayden for public corruption. These efforts included, but were not limited to, Rollins trying unsuccessfully to convince her First Assistant U.S. Attorney to issue a letter that would have created the impression that DOJ was investigating Hayden and, when that effort failed, disclosing non-public, sensitive DOJ information directly to a Herald reporter before the primary election. Then, after the Herald did not publish the story before the primary election and Arroyo lost to Hayden, Rollins disclosed additional information to the Herald to damage Hayden's reputation while he was an uncontested candidate in the general election.

The report adds:

We also concluded that Rollins falsely testified under oath during her OIG interview when she denied that she was the federal law enforcement source that provided nonpublic, sensitive DOJ information to the Herald reporter about a possible Hayden criminal investigation. Rollins only admitted to being the source during subsequent testimony after Rollins produced relevant text messages, which definitively showed that Rollins had indeed been a source for the reporter and had disclosed to him the internal DOJ recusal memorandum quoted in the story. Additionally, we found that Rollins lacked candor during her OIG interview when she answered questions about her communications with the Herald reporter before the primary election and when she described how she first learned of the Globe’s interest in a transit police misconduct case.

The report details the phone calls and hundreds of texts Rollins and Arroyo had during the campaign, in particular, just before and after the stories about Arroyo in high school broke.

On August 22, Rollins asked Arroyo: "Do you have anyone doing opposition research on [Hayden]? At [Hayden's secondary school]? At [Hayden's university]? Any domestic calls to his house? [A research service] search?" ...

In late August, Rollins provided advice to Arroyo concerning a story published in the Globe on August 23, 2022, about allegations against Arroyo of sexual assault dating back to 2005 and 2007. On August 22, the day before the story broke, Rollins gave Arroyo feedback on his draft answers to the Globe reporter's questions and told Arroyo in a text message: "Ask [the reporter] to call me about the sexual assault suspect question. I will answer off the record." Arroyo replied to Rollins that he would tell the reporter to contact Rollins, and Rollins then suggested that Arroyo tell the reporter to contact "some previous DAs" as well. The next day, August 23, Arroyo sent Rollins a draft public statement about the sexual assault allegations and asked for Rollins's feedback. Rollins responded the same day with significant edits and additions to Arroyo's statement and told him to "[p]roofread and spellcheck." Rollins then advised Arroyo: "Just make sure what you say is accurate. And take a page out of his book. KEEP WORKING AND KNOCKING ON DOORS. Have a few quick talking points…." (Emphasis in original.) Two days later, Arroyo updated Rollins on where things stood, and Rollins responded: "Excellent. And if we can expose that [Hayden] did this—with ZERO regard for actual victims—it shows how selfish and heartless he is…." (Emphasis in original.)

After making its conclusions on the election-related improprieties, the report's authors then returned to the matter that had led them to investigate Rollins in the first place: Her attendance at an Andover fundraiser for the Democratic party that featured Jill Biden - which the Herald reported on. Rollins blocked the reporter on Twitter, then tweeted she had been cleared to attend at least the opening part and greet the First Lady:

The morning after the Herald reported that Rollins attended a DNC fundraiser, Rollins posted a tweet asserting that she had approval to do what she did at the Andover event. Our investigation determined that she did not have approval to do what she did at the event - to go inside the host's house during the fundraiser to meet Dr. Biden. Rather, Rollins had been given ethics advice from GCO to have a separate and brief meet and greet with Dr. Biden outside and away from the fundraiser and to then leave the area of the event after the meet and greet. Rollins's actions were not consistent with this ethics advice. The evidence shows that Rollins attended the partisan political fundraiser and, by doing so without obtaining the approval of the Deputy Attorney General or her designee, Rollins violated Department policy. Her attendance was also contrary to the advice Rollins said "had been made very clear" to her by the MA USAO Executive Officer before the event that she not attend the fundraiser.

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Comments

It's all even worse than it looked yesterday.

She's an attorney and a prosecutor. She should know better.

Lying under oath to the Justice Department's OIG is probably something that should get her disbarred.

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At least.

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“Wtf!?!”

I am optimistic that the important work on traffic enforcement that she started will continue.

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I'm wondering how many crimes she will end up being charged with?

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She has always been a Trump-like narcissistic bully. At least now everyone knows even though Arroyo supporters will defend her.

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Can they do Carmen Ortiz next? She somehow skated on this horror of overreach: https://www.huffpost.com/entry/motel-caswell-case_b_2558615

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Out of control

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which makes any bad judgement by Rollins (or even the two Ortiz cases cited in the last two comments) look trivial by comparison.

https://en.wikipedia.org/wiki/Aaron_Swartz

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If only we'd had multiple indications that she thought she was above the law before she was appointed....

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Another one of MA’s finest.

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They get caught and punished here, unlike some states below a certain line where their corruption is celebrated and used as a pretext for their fitness for office.

Ahem Huckabee ahem DeathSentence ahem Abbot ahem.

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Not on the state or city level. Rollins operated wth impunity for years here, but thankfully the Feds have higher standards. Boston officials do government business over text messages on their private phones. This wouldn't fly on the federal level.

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She was investigated by the Inspector General of the Department of Justice and a Special Counsel. The only thing MA did was have its two Senators personally vouch for her in the Senate to have her pass two 50/50 votes (+1 Kamala Harris) to get confirmed. I'm sure Sinema and Manchin are happy about talking about that in their reelection campaigns.

The DOJ IG and Special Counsel referred her for Criminal Charges. Since she was a Presidential Appointment the President needs to sign off on that for Merrick Garland to bring charges. He passed. Quite Trump-like. Maybe he had on orange undies.

This is one time to drop your arrogance Swrrlz. Our Commonwealth disappointed the country here. Our representatives promulgated the corruption, and we deserve them.

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This goes far beyond something that should force her to resign. Seems like disbarment is in order.

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Seems like the pattern. :-)

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Rachel Rollins for Supreme Court Justice!

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5 pm sounds good.

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Rollins should be charged criminally.

Arroyo should resign.

A lot of people should apologize to DA Hayden.

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Not a chance.

Hayden's office needs to be investigated to find out who leaked the sealed Arroyo docs to the media so close to the primary. They revictimized the women involved who were minors at the time to win an election.

I can't stand Arroyo and he deserved to lose but there was no need for dirty politics.

Residents of Boston deserve to know that Hayden and all those under him are on the up and up and whomever leaked the documents needs to be held accountable.

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Arroyo was wrong.

But how exactly did an uncharged rape investigation become public? If the state does not indict a person, it is very prejudicial to share the information. How did it get reported? I am not saying I don't believe the allegations about Arroyo, but you can't have it both ways. If you don't file charges, then you don't have enough evidence to convince a jury.

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This is about Rollins outrageous, unethical and arguably criminal conduct while US Attorney. She lied under oath. She tried to trick the voters into believing Hayden was under investigation in order to sway an election. These things are not just “wrong,” they are despicable acts that should make her a pariah in any honorable segment of society.

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But who leaked the investigation on Arroyo? I can't assume it was Hayden but how did that happen?

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that victimized women often don't speak up for many reasons, especially when threatened by a member of a powerful political/crime family? So much gets swept under the rug in Massachusetts that we should applaud people who expose the truth, however it is accomplished.

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It is the state that cannot speak if they don't indict.

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Naive as I am, I will never stop being shocked by how many progressives in this town believe leaking an investigation file is worse than multiple credible accusations of sexual assault. It's one of those moments when you realize that the people who have been lording their morality over you have completely fungible principles and don't need to be taken seriously ever again.

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There are hundreds of credible sexual assault investigations that are never charged in Boston every year. It is not ok. But you are part of the public that refuses to believe women, as I am. That is what needs to change. Leaking an uncharged investigation is not justice.

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On political activities by non-career DOJ employees (https://www.justice.gov/jmd/page/file/1529516/download) was dated August 30, 2022. The Biden fundraiser in Andover was on July 14 of that year.

So she would not have been in violation of that policy at the time of the memo, but one does wonder if her attendance at the fundraiser prompted the policy change, at least in part.

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They've got more than just this on her, if there's any gray area re fundraiser. Asking for free Celtics tix. Running Arroyo's campaign behind the scenes. Using the DOJ job off the record with reporters to falsely put a cloud over Hayden.

The politicians who endorsed her (Wu, Markey, Warren) should renounce her now, or resign.

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That memo was a reminder of already existing laws, rules, and regulations. It was issued as a result of media scrutiny brought about by US Attorney Rollins attendance at the Democratic fundraiser in Andover that starred Dr. Biden. Read the memo, her own ethics officer told her that she’s would be in violation if she went in to the fundraising event.

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That she was required to seek approval from the acting Attorney General in advance of attending, and when she did she was told directly she could not attend. She was told she may be able to have a separate offsite meeting with Jill Biden and leave the area well before the fundraiser. She chose her own path.

That said, the DOJ Inspector General referred her for criminal prosecution but since she was a Presidential nomination only Joe Biden could approve of that and he declined.

Seems a wee bit larger wrongdoing than you are hoping for with head firmly in sand.

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She's had a lot of supporters over the years who went out of their way to help her get elected. A lot of people put faith in her that she'd be a step in the right direction in terms of criminal justice reform and police accountability. So when she acts like a crooked cop she embarrasses all those people and makes them even more skeptical of positive change. (Myself included.) And for what? Why do that to people who touted her as a role model.

Good riddance.

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When someone does that, you should believe them.

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So Rachael got her friends at the Transit Police who were the only police department to endorse her to frame Kevin Hayden and cops they didn't like to aid Ricardo Arroyo in his quest to be District Attorney. I'm shocked! at the corruption in the Transit Police.

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Rollins' predisposition to find trouble must have been balanced by an incredible talent at getting out of trouble, for her to rise so high while pulling so many shenanigans.

Imagine what her exploits during high school would have been like.

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She was scrutinized constantly.

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The report by the Office of the Inspector General presents a comprehensive review of the conduct of one individual and requires no additional comment from us. However, we do want to emphasize that the report in no way impacts the strong and professional relationship we enjoy with the Office of the United States Attorney in Boston.

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This is why you hire/elect people on merit and nothing else.

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It was wrong for her to use her position to leak false information about acting DA Hayden to damage his election campaign when it was determined that Hayden was not a bad orange man.

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Rollins was 100% wrong and should probably face charges for abusing her authority.

But Hayden still sucks and shouldn't be DA. That was one race were there should have been a "none of the above" option.

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Honestly, I voted for him because he was more qualified than Arroyo. Arroyo's father and brother have both failed at managing people. Arroyo has 3.5 years experience as a trial attorney. I am more aligned with Rollins and Arroyo politically but a DA is not just a politician. I was disappointed when that investigation into Arroyo was leaked. I hope he is not involved.

I remember I shocked a friend, when I told her that if Kavanaugh had been charged with sexual assault when he was 17, He would still be a Supreme Court Justice. The only difference would be that victim would not be allowed to speak about it since he was a minor. Kavanaugh lied under oath at previous federal judge hearings about his work in the Bush admin. That should have kept him off the bench. People do bad things but if they are not convicted by a court of law, that same court cannot spread rumors to cover for the job they couldn't get done.

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Imagine nuking one's career for a member of the Arroyo crime family.

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Imagine being Liz Warren or Ed Markey, being able to ask anyone in the Boston political or legal community about Rachael Rollins' temperament and judgment, and just not doing that -- or worse, doing it and still risking your party and your state's credibility over her.

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