Democrats on the House Natural Resources Committee are asking the Department of Justice (DOJ) to investigate Trump-era Interior Secretary David Bernhardt, alleging that he may have engaged in a “quid pro quo” relating to a clean water permit.
The committee, for the first time in its history, made a criminal referral to the DOJ over the situation on Wednesday.
What’s being alleged? Lawmakers raised concerns that the federal government changed its position on a permit around the same time that the Trump campaign and the Republican National Committee received donations from a beneficiary of the reversal.
The donations from the beneficiary and others, which totaled nearly $250,000, were outside of the typical election cycle and “highly unusual,” according to the referral.
“These facts raise serious concerns about a potentially criminal quid pro quo,” wrote committee Chairman Raúl Grijalva (D-Ariz.) and Rep. Katie Porter (D-Calif.) in a letter to Attorney General Merrick Garland.
Bernhardt did not immediately respond to The Hill’s requests for comment. A representative for the beneficiary, Mike Ingram, owner of developer El Dorado Holdings, said there was no wrongdoing.
“Everything that Mr. Ingram did and that El Dorado did was about asking the government to look at the facts and the law. Period. Nothing in return for campaign contributions. Nothing in return for political relationships,” Lanny Davis, attorney adviser to El Dorado, told The Hill.
(Davis has contributed opinion articles to The Hill.)
The details: The accusations stem from a Fish and Wildlife Service (FWS) reversal of its position on a permit for a development project in Arizona known as the Villages at Vigneto.
Now-retired FWS Field Supervisor Steve Spangle told the Arizona Daily Star in 2019 that he had been pressured by a “high-level politico” to reverse a decision that would have required a detailed analysis of how the development could impact endangered species.
He said at the time that he had been “overruled” and in an October 2017 letter reversed course in a way that made it easier for the project to get a Clean Water Act permit.
The Democrats’ report notes that in August 2017, Bernhardt and Ingram met over breakfast.
They also note that on Oct. 6, 2017, when the permit’s revaluation was announced:
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Ingram donated $10,000 to the Trump Victory Fund (TVF), a committee that gives funds to both the Trump campaign and the Republican National Committee (RNC)
- Between Oct. 5, 2017, and Oct. 10, 2017, Ingram and 12 other donors from Arizona contributed a total of $147,000 to the same organization, the referral said
- One donor gave an additional $94,600 to the RNC
Read more about the referral here.