WESLEY K. DUNCAN
ADAM PAUL LAXALT ‘Frat Assistant Attorney General
“Attorney General
‘NICHOLAS A. TRUTANICH
Chief of Staff
Ketan D. Bhirud
STATE OF NEVADA ‘Genera? Oona:
OFFICE OF THE ATTORNEY GENERAL
100 North Carson Street
Carson City, Nevada 89701
May 15,2017
‘Assemblywoman Maggie Carlton
Nevada State Legislature
Carson City, Nevada
Dear Assemblywoman Carlton,
Last week, my office sent you a letter indicating our willingness to participate in
a fair and independent (ie., nonpartisan) hearing relating to the Gaming Control Board
and NRS 463. We continue to welcome that. Opportunity. We also sent you a request
last week asking you to send us the documents and materials that you received in
response to your subpoena relating to this matter. We have not heard back from you
regarding that request.
We are beginning to have serious reservations with whether your Committee’s
hearing will be perceived as fair and primarily focused on seeking the truth. As our
State's top law enforcement office, specifically entrusted with protecting the publi
confidence in our public officials and due process, we are deeply troubled with the
appearance of unfairness and partisanship that could easily result unless this process is
handled with more thought and care. Several issues in particular warrant strong
concern.
‘s
Although we have just been informed of Wednesday's hearing—with only two
days’ notice—neither | nor my office have received any materials that you have received
In response to the subpoena. Nor have we been informed, even generally, what
subjects you intend to explore. Nor have we received any list of concerns that either
gave rise to the subpoena in the first place or arose as a result of the subpoena. Indeed,
it is our understanding that you have not shared any of the materials you received from‘Assemblywoman Maggie Carlson
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May 15, 2017
your subpoena even with your colleagues that serve with you on the Assembly Ways
and Means Committee, let alone your Republican colleagues, despite ongoing media
leaks.
Surely you can see how any hearing resulting from this process as it is currently
proceeding would not only fail to comport with the fundamental minimum procedures
ecessary to comply with due process, but moreover could not fail to appear to the
watching public as anything other than a partisan ambush proceeding rather than
genuinely seeking to discover the whole truth.
With that in mind, and to ensure that any legislative hearing on this matter is not
only fair and impartial, but also appears so, we ask the following questions and make
the following requests:
Questions:
1. When and how did you first learn about the existence of Chairman Burnett’s
affidavit, in draft form or otherwise?
2. When and how did you first receive Chairman Burnett's affidavit, in draft form or
otherwise?
3. What documents, materials, or information did you receive that led to Issuing
the subpoena?
4. What is the scope of the proposed hearing?
5. What witnesses and documents do you intend to introduce (or make reference
to) at the hearing or anticipate will be introduced (or made reference to) at the
hearing?
6. What subjects do you intend to explore at the hearing?
Requests:
1. Immediately provide all documents and materials received in response to the
subpoena to all members of the Assembly Ways and Means Committee,
including Republican members, to avoid the spectacle of an overtly partisan
proceeding.
2. Immediately provide all documents and materials received in response to the
subpoena to my office and any other government official affected by these
materials, so that we can provide this committee and the public with a complete
factual picture, instead of the gross speculation, innuendo, and selective secrecy
that currently surrounds this inquiry.‘Assemblywoman Maggie Carlson
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May 15, 2017
3. Before holding a hearing, provide my office and any others affected by the
subpoenaed materials with a list of questions and areas of inquiry, and allow me
and my office reasonable time to investigate the issues and prepare thoughtful,
written responses that can form the foundation for a genuine truth-seeking
heari
Sincerely,
4h ZZ
Attorney General