U.S. Attorney Rachael Rollins violated the federal Hatch Act, which limits political activities of federal employees, involving an "an extraordinary breach of public trust by a senior government official," according to one of two government watchdog reports on her conduct released Wednesday.
Rollins is accused of leaking information from the Department of Justice to influence the election of the position she vacated to become Massachusetts' top federal prosecutor, the Suffolk County's district attorney, and of attending a political fundraiser while working in her official capacity and with a government-owned vehicle.
Among other allegations in a 161-page report from the Just Department's internal watchdog and another from the U.S. Office of Special Counsel are soliciting and accepting 30 free tickets to a Boston Celtics game and accepting payment from a sports and entertainment agency for travel and means. Rollins is accused not only of repeated instances of misconduct and poor judgment, but also efforts to mislead Justice Department investigators during interviews in advance of the report.
Special Counsel Henry Kerner's report found that the leak of information about the district attorney's race, in which she opposed eventual victor Kevin Hayden, "was an extraordinary breach of public trust by a senior government official, which threatens to erode confidence in the integrity of federal law enforcement actions." It called the violation among "the most egregious Hatch Act violations" the Office of Special Counsel has ever investigated.
In December, the inspector general's office referred the allegation to the department for a possible prosecution for false statements, but officials declined prosecution, according to the report.
Read the reports here:
Rollins' lawyer announced on Tuesday that she will resign as U.S. attorney, saying she didn't want to become a distraction amid the investigation. In the statement, the lawyer said, "After the dust settles and she resigns, Rachael will make herself available to answer questions."
Her lawyer, former Justice Department inspector general Michael Bromwich, released a new statement Wednesday after the release of the two reports characterizing most of what's outlined as "minor process fouls" and noted that she didn't contest the allegations.
"I think the report needs to be put in context," he said in a statement. "The central truth is that she moved from being an elected official with virtually no restrictions on her activities to the highly-regulated environment of the US Attorney’s Office. Most of the allegations amount to minor process fouls. Though Ms. Rollins could have raised many facts and arguments in connection with these issues, she had no interest in litigating them any further. She believed the better course was to step down and end the matter before it overwhelmed her office and DOJ."
It's exceedingly rare for a U.S. attorney to resign amid ethics concerns.
Rollins rose to prominence as the Suffolk County district attorney, which oversees Boston, Revere, Chelsea and Winthrop, as a progressive prosecutor who pledged to fight mass incarceration and racial disparities in the justice system and was outspoken about the need for police reform in the wake of high-profile killings of people of color by law enforcement across the United States. After President Joe Biden tapped her to be U.S. attorney, the Senate deadlocked on approving the appointment, which eventually required Vice President Kamala Harris' tiebreaking vote.
After news of her resignation broke on Tuesday, Rollins opponent Sen. Tom Cotton, R-Ark., noted in a statement he'd "warned Democratic senators that Rachael Rollins wasn’t only a pro-criminal ideologue, but also had a history of poor judgment and ethical lapses."
Massachusetts' senators, Democrats Elizabeth Warren and Ed Markey, said in a statement that "Rollins has for years dedicated herself to the people of Massachusetts and equal justice under the law," and adding that they respected her decision to resign.
“I’m deeply concerned by Ms. Rollins’s misconduct, as detailed in the Inspector General’s and Special Counsel’s reports, and support her immediate resignation,” said Sen. Dick Durbin, D-Ill., the chair of the Senate Judiciary Committee.
The watchdogs said Rollins used her position to try to influence last year's race for the Democratic nominee Suffolk County District Attorney by providing potentially damaging information to the media about her interim successor, Hayden, while supporting his political rival.
One report said that while serving as U.S. attorney, Rollins helped Hayden's rival, Ricardo Arroyo, by “providing him campaign advice and direction and coordinating with Arroyo on activities to help his campaign.”
Rollins tried to convince her top deputy to release a letter implying that the department was investigating Hayden, according to the report. When that failed, she leaked sensitive department information to The Boston Herald in an effort to tank his candidacy, the report said.
When asked about that under oath in an interview with the inspector general’s office, Rollins falsely denied being the source, the report said. She only admitted to it after being confronted with text messages showing she was the source of the leak.
Hayden eventually won the campaign after it was reported that Arroyo was twice investigated over sexual assault allegations dating back to the mid-2000s, when he was a teenager.
Arroyo on Wednesday confirmed he talked about his campaign with Rollins but didn't provide details.
Hayden didn't release a statement Wednesday but a representative for the DA's office noted in one that the "comprehensive review of the conduct of one individual," saying it needed no further comment. The report does not impact "the strong and professional relationship we enjoy with the Office of the United States Attorney in Boston," the spokesman added.
Rollins was the first woman of color to become a district attorney in Massachusetts and the first Black woman to serve as the U.S. attorney in Massachusetts.
The Associated Press contributed to this report.
