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Tag: Kathy Jennings

  • Judge rules against Seaford’s fetal ordinance

    Judge rules against Seaford’s fetal ordinance

    A fetal tissue ordinance enacted by Seaford City Council late last year has been overturned following a successful legal challenge by Attorney General Kathy Jennings and the Delaware Department of Justice.

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    The ordinance, enacted on December 14 with an original effective date of January 22, would have forced anyone who had a surgical abortion at an “abortion facility” or a miscarriage at a “health care facility” to have the fetal tissue interred or cremated at their own expense, despite the hardship on patients and clear preemption by State law.

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    In a ruling released Wednesday morning, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that the City of Seaford, as a junior sovereign, cannot enact a law that conflicts directly with law established by the State as the senior sovereign.

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    “The U.S. Supreme Court has unleashed a wave of extremist, draconian laws across our country. That wave stops here,” said Attorney General Kathy Jennings. “This ruling firmly rejects a clearly illegal and harmful attempt to nullify State law and to use dark money to return us to the Dark Ages. It protects residents and visitors of Seaford from a cruel and frankly hateful policy. And it makes clear that Delaware remains a safe haven for choice and reproductive freedom exactly when those sanctuaries are needed most. I am grateful to the Court for its wisdom and to our team for their quick response and tireless work on this case.”

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    Jennings filed suit on January 11 after twice warning Seaford City Council that State law preempted the ordinance. Council passed the ordinance despite those warnings, with a promise that an anonymous outside donor would fund the defense against the State’s incoming lawsuit. The Court’s ruling awards costs to the State.

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    “Even after last week’s devastating Dobbs decision, abortion remains a codified right in Delaware,” said Mike Brickner, executive director of the ACLU of Delaware. “Yesterday, our General Assembly fortified that right by expanding access to abortion, and today, the Delaware Chancery Court also reinforced that right, making it clear that municipal attacks on our state-guaranteed right to abortion won’t stand. ACLU-DE applauds Attorney General Kathy Jennings, and her team, for their swift and effective legal action against Seaford’s city council to permanently block the city’s illegal fetal remains ordinance.”

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    “Planned Parenthood of Delaware is pleased with this decision,” said Ruth Lytle-Barnaby, president and CEO of Planned Parenthood of Delaware. “As we expected, Vice Chancellor Laster recognized state law forbids local regulations of the type the city attempted to pass. We are hopeful that we can now focus on providing care to the Seaford area rather than defending ourselves against unnecessary, harmful, and legally questionable ordinances. Our sincere thanks go to the Department of Justice for their hard work on this case and their commitment to defending reproductive rights. PPDE will continue to offer top-notch care to all and to fight for your ability to receive sexual and reproductive health services.”

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    “This decision is a victory for women and for the rule of law in Delaware,” said Melissa Froemming, president of Delaware NOW. “We thank the Delaware Department of Justice for standing up for women in our state, and for fighting to ensure that women’s right to privacy and right to make decisions regarding their bodies remain protected. Our legislators have codified Roe — abortion is legal in Delaware — but legislators change. The Seaford ordinance and Friday’s Dobbs decision by the Supreme Court have reinforced the importance of protecting and expanding the right to abortion as health care in Delaware using every tool possible. We are grateful to have a champion in Attorney General Jennings.”

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    Since the DOJ’s arguments were premised on State law, the State’s case, and the Court of Chancery’s ruling, are unaffected by the U.S. Supreme Court’s recent ruling in Dobbs v. Jackson Women’s Health Organization.

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    The lawsuit against Seaford was led by Director of Impact Litigation Christian Douglas Wright with support from the attorneys and staff of the Fraud and Consumer Protection Division and Civil Division: Deputy Attorney General Vanessa L. Kassab, Assistant Attorney General Deepinder K. Goraya, and Paralegals Zuri Ramsey and Michele Porter.

  • Delaware State Auditor indicted for fraud, nepotism, misconduct

    Delaware State Auditor indicted for fraud, nepotism, misconduct

    Delaware State Auditor Kathy McGuiness

    Delaware State Auditor Kathy McGuiness was indicted by a grand jury Monday afternoon as part of an ongoing criminal investigation into multiple claims of misconduct while in office.

    A press conference was held outside the New Castle County Courthouse where Attorney General Kathy Jennings said their investigation confirmed a “clear and disturbing pattern.”

    “The investigation has confirmed a clear and disturbing pattern of behavior that was not only unethical, but it was against the law,” Jennings said. “We uncovered corruption, nepotism, fraud, and misconduct that implicated thousands of taxpayer dollars.”

    The investigation, which Attorney General Jennings stressed remains ongoing, comes after several whistleblowers came forward to inform the state Department of Justice (DOJ) of the alleged misconduct.

    The Division of Civil Rights and Public Trust was able to obtain an indictment following a full-scale investigation involving witness interviews and document reviews that officials say prove the allegations.

    McGuiness was indicted on charges of conflict of interest in violation of the state’s code of conduct, felony theft, non-compliance with procurement law by structuring state payments, official misconduct, and felony witness intimidation.

    Attorney General Jennings said the investigation uncovered a “sweetheart deal” to avoid oversight of State Auditor McGuiness’ state contract with campaign vendor ‘MyCampaignGroup.’

    “She informed them of a loophole that would allow them to avoid a competitive bidding process by keeping the initial contract amount below $50,000,” Jennings stressed. “The bidding process exists to protect taxpayers. It’s there to prevent this exact behavior. A month later, the defendant entered into a contract with MyCampaignGroup, which was never submitted for public bidding whatsoever. In total, the State Auditor’s Office paid MyCampaignGroup $49,900, just $100 shy of the public bidding threshold thus avoiding public oversight.”

    McGuiness illegally structured a series of payments, according to the DOJ, to MyCampaignGroup in order to remain under the state approval threshold. She later approached the company a second time, according to Jennings.

    “It’s important to keep this in mind, this was done by the State Auditor, whose job is literally to protect your tax dollars from this very kind of spending.”

    The investigation also uncovered what Attorney General Jennings said was “clear nepotism.”

    McGuiness’ daughter and a friend were employed by the office, neither of whom were interviewed, according to the investigation.

    As the pandemic triggered record unemployment across the country, Jennings said McGuiness fired an employee citing lack of work hours and two others left under the same premise, but despite that she still hired her daughter and her friend.

    “The defendant’s daughter enrolled in a college in South Carolina. For months, despite not coming into work, never logging in remotely, barely ever sending so much as an email, her daughter continued to receive taxpayer checks. Those paychecks were deposited into an account co-owned by her mother, the defendant,” Jennings said. “As of August, 2021 the defendant still employs her daughter on the state payroll.”

    McGuiness’ daughter has been paid over $19,000 in taxpayer dollars, according to the investigation, in addition to $8,000 paid to her daughter’s friend.

    “She used her power to hire her daughter no questions asked,” Jennings said. “She paid her daughter thousands of tax dollars even when her daughter wasn’t showing up to work. And when her staff discovered her misconduct, and did the right thing by speaking up, the Auditor, whose job is to be a government watchdog, engaged in an extensive pattern of surveillance and intimidation against those whistleblowers.”

    During the course of the investigation, officials discovered that McGuiness allegedly monitored and intimidated real or perceived whistleblowers.

    Over three dozen requests were submitted to monitor employees emails, including at least one former employee at a completely separate agency, according to the DOJ.

    Jennings stressed that the investigation remains ongoing and requested anyone with any pertinent information related to the investigation to come forward by calling (302) 577-5400.

    Multiple requests to reach McGuiness for comment have went unanswered.

    “If anyone should know better, it is the State Auditor,” Jennings said. “Instead, as our investigation has shown, Kathleen McGuiness carried out the very misbehavior that she was elected to stop.”