Ethics scandal, FBI investigation

In July 2014, Swallow and Mark Shurtleff were arrested by the FBI and the Utah Department of Public Safety on charges relating to alleged bribery, improper acceptance of gifts and a "pattern of unlawful activity." Swallow was acquitted of all charges by a jury in March 2017.

In January 2013, a Utah businessman accused of mail fraud, bank fraud, and money laundering claimed that Swallow arranged a deal to pay Senate Majority Leader Harry Reid to make the federal investigation on the matter disappear. Reid denied having any involvement in the matter. Swallow denied the allegations.

On May 6, 2013, the U.S. Attorney's Office for Utah was removed from the case without providing a reason. A statement from the office said, "In consultation with the Department of Justice, it has been determined that the U.S. Attorney’s Office for the District of Utah would be recused from this matter going forward. The Public Integrity Section of the Department of Justice will continue the investigation."

The federal investigation ended September 12, 2013, without any charges being filed. The agency did not offer any comment on the case. Swallow responded to the news, saying, "I knew at the time that I hadn't done anything wrong. And now the people of Utah know that they can trust their attorney general."

Alliance for a Better UTAH complaint

On March 7, 2013, Crystal Young-Otterstrom and Maryann Martindale filed a petition against Swallow, alleging 12 violations of election law related to financial and business interest disclosures. At the time, Young-Otterstrom and Martindale were both with the think tank Alliance for a Better UTAH (ABU). David Irvine, a former Republican state legislator, acted as their attorney.

According to the complaint, election papers filed by Swallow on March 9 were different from papers he filed on March 15. Among the differences, the March 9 papers showed Swallow as owner of Swallow and Associates, while the March 15 papers only listed him as a board member. The complaint also alleged that he tried to hide his interest in a number of companies and nonprofits.

The petition went to the lieutenant governor. As a result of the ABU complaint, it was discovered that state law required the Attorney General to investigate election complaints, even if the AG was the subject of the complaint. In response, the Legislature passed Senate Bill 289, which gave the Utah Lieutenant Governor the power to name an independent special counsel to investigate the AG. The bill was signed by Gov. Gary Herbert (R) on March 27, 2013.

On April 9, Swallow's lawyers filed a written response with the lieutenant governor's office. The lieutenant governor's office announced on May 10 that nine of the 12 allegations were dismissed and that it would appoint a special counsel to investigate the other three. Two of the remaining counts alleged Swallow failed to disclose his position as owner or manager of P Solutions and SSV Management, and that he received over $5,000 from P Solutions and RMR Consulting. The other allegation accused him of making false and misleading statements on campaign disclosure forms.

Special investigative committee

After a Republican House Caucus meeting to discuss impeachment on June 19, lawmakers created an investigative committee outside of the impeachment process to determine if the situation was hurting the public trust. In response, Swallow, who stated once again that he wouldn't resign, said, “I think they got it right today where they decided it wasn’t time yet to start any serious discussion about impeachment. They simply need answers.”

Gov. Herbert called a special session to set the powers of the investigative panel and adjust open meetings laws in order to avoid making meetings public when it could hinder the investigation. The governor added three additional items to the agenda as well, including giving out-of-state attorneys the power to help with the investigation into Swallow. Lawmakers set up the nine-member committee, with five Republicans and four Democrats, to investigate Swallow. The Democratic Party of Utah released a statement critical of the special session's decisions regarding the panel, stating that previous ethics panels were nonpartisan and arguing that the chair should not have the power to grant immunity or close the meetings to the public at will.

On July 23, the state elections office announced they had hired the Phoenix-based law firm of Snell & Wilmer to act as special counsel in the investigation.

Swallow was served with a subpoena from the Committee on September 26, seeking emails, receipt and cell phone conversations dating back to December 2009.

Chief Deputy Attorney General (2009-2013)

Swallow was chosen in 2009 to serve under then-attorney general Mark Shurtleff as chief deputy attorney general, overseeing the civil division. As deputy, he spearheaded the state's legal land battles against the federal government, and most prominently, the battle to strike down Obamacare. His legacy includes expanding the office through the creation of the Public Lands Litigation Section. In a Feb 13 statement following announcement of his 2012 bid to replace Shurtleff as AG, Swallow said "I have seen the federal government's intrusion into our lives at almost every level and am committed to putting an end to it."

Utah House of Representatives (1996-2002)

Swallow entered politics in 1996 when he won election to his first of an eventual three terms in the Utah House of Representatives. In the legislature, John served as a Regional Whip, Chair of the Public Utilities and Technology Committee, on the Administrative Rules Review Committee, and the Revenue and Taxation Standing Committee.

During his three terms, Swallow championed conservative social causes such as preventing the passage of a bill to allow non-married couples to adopt children, and fiscal causes cutting taxes. He was named 2000 Utah Taxpayer Advocate of the Year by the Utah Taxpayers’ Association for his sponsorship of one of the biggest tax cuts in Utah history. He also advocated strongly and effectively for 2nd Amendment rights, winning favor with the National Rifle Association.

In 2002 and 2004, John ran for the United States Congress, securing the Republican Party nomination both times but ultimately losing the general elections.

Swallow was elected to succeed Mark Shurtleff (R) as Utah Attorney General on November 6, 2012. He assumed office on January 7, 2013 and resigned December 3, 2013.

Noteworthy events

Ethics scandal, FBI investigation

In July 2014, Swallow and Mark Shurtleff were arrested by the FBI and the Utah Department of Public Safety on charges relating to alleged bribery, improper acceptance of gifts and a "pattern of unlawful activity." Swallow was acquitted of all charges by a jury in March 2017.

In January 2013, a Utah businessman accused of mail fraud, bank fraud, and money laundering claimed that Swallow arranged a deal to pay Senate Majority Leader Harry Reid to make the federal investigation on the matter disappear. Reid denied having any involvement in the matter. Swallow denied the allegations.

On May 6, 2013, the U.S. Attorney's Office for Utah was removed from the case without providing a reason. A statement from the office said, "In consultation with the Department of Justice, it has been determined that the U.S. Attorney’s Office for the District of Utah would be recused from this matter going forward. The Public Integrity Section of the Department of Justice will continue the investigation."

The federal investigation ended September 12, 2013, without any charges being filed. The agency did not offer any comment on the case. Swallow responded to the news, saying, "I knew at the time that I hadn't done anything wrong. And now the people of Utah know that they can trust their attorney general."

Alliance for a Better UTAH complaint

On March 7, 2013, Crystal Young-Otterstrom and Maryann Martindale filed a petition against Swallow, alleging 12 violations of election law related to financial and business interest disclosures. At the time, Young-Otterstrom and Martindale were both with the think tank Alliance for a Better UTAH (ABU). David Irvine, a former Republican state legislator, acted as their attorney.

According to the complaint, election papers filed by Swallow on March 9 were different from papers he filed on March 15. Among the differences, the March 9 papers showed Swallow as owner of Swallow and Associates, while the March 15 papers only listed him as a board member. The complaint also alleged that he tried to hide his interest in a number of companies and nonprofits.

The petition went to the lieutenant governor. As a result of the ABU complaint, it was discovered that state law required the Attorney General to investigate election complaints, even if the AG was the subject of the complaint. In response, the Legislature passed Senate Bill 289, which gave the Utah Lieutenant Governor the power to name an independent special counsel to investigate the AG. The bill was signed by Gov. Gary Herbert (R) on March 27, 2013.

On April 9, Swallow's lawyers filed a written response with the lieutenant governor's office. The lieutenant governor's office announced on May 10 that nine of the 12 allegations were dismissed and that it would appoint a special counsel to investigate the other three. Two of the remaining counts alleged Swallow failed to disclose his position as owner or manager of P Solutions and SSV Management, and that he received over $5,000 from P Solutions and RMR Consulting. The other allegation accused him of making false and misleading statements on campaign disclosure forms.

Special investigative committee

After a Republican House Caucus meeting to discuss impeachment on June 19, lawmakers created an investigative committee outside of the impeachment process to determine if the situation was hurting the public trust. In response, Swallow, who stated once again that he wouldn't resign, said, “I think they got it right today where they decided it wasn’t time yet to start any serious discussion about impeachment. They simply need answers.”

Gov. Herbert called a special session to set the powers of the investigative panel and adjust open meetings laws in order to avoid making meetings public when it could hinder the investigation. The governor added three additional items to the agenda as well, including giving out-of-state attorneys the power to help with the investigation into Swallow. Lawmakers set up the nine-member committee, with five Republicans and four Democrats, to investigate Swallow. The Democratic Party of Utah released a statement critical of the special session's decisions regarding the panel, stating that previous ethics panels were nonpartisan and arguing that the chair should not have the power to grant immunity or close the meetings to the public at will.

On July 23, the state elections office announced they had hired the Phoenix-based law firm of Snell & Wilmer to act as special counsel in the investigation.

Swallow was served with a subpoena from the Committee on September 26, seeking emails, receipt and cell phone conversations dating back to December 2009.

Swallow was chosen in 2009 to serve under then-attorney general Mark Shurtleff as chief deputy attorney general, overseeing the civil division. As deputy, he spearheaded the state's legal land battles against the federal government, and most prominently, the battle to strike down Obamacare. His legacy includes expanding the office through the creation of the Public Lands Litigation Section. In a Feb 13 statement following announcement of his 2012 bid to replace Shurtleff as AG, Swallow said "I have seen the federal government's intrusion into our lives at almost every level and am committed to putting an end to it."

Swallow entered politics in 1996 when he won election to his first of an eventual three terms in the Utah House of Representatives. In the legislature, John served as a Regional Whip, Chair of the Public Utilities and Technology Committee, on the Administrative Rules Review Committee, and the Revenue and Taxation Standing Committee.

During his three terms, Swallow championed conservative social causes such as preventing the passage of a bill to allow non-married couples to adopt children, and fiscal causes cutting taxes. He was named 2000 Utah Taxpayer Advocate of the Year by the Utah Taxpayers’ Association for his sponsorship of one of the biggest tax cuts in Utah history. He also advocated strongly and effectively for 2nd Amendment rights, winning favor with the National Rifle Association.

In 2002 and 2004, John ran for the United States Congress, securing the Republican Party nomination both times but ultimately losing the general elections.