DOVER, Del. (AP) — Delaware’s attorney general must provide the embattled state auditor with certain documents that could help support her claim that she has been targeted for public corruption charges
a judge ruled Wednesday.
Superior Court Judge William Carpenter Jr. agreed that a defense attorney for Auditor Kathleen McGuiness had presented a “plausible basis” for a selective prosecution defense and is entitled to certain information that could bolster that claim.
Carpenter noted that McGuiness appears to be the first Delaware official to face criminal prosecution for alleged violations of laws prohibiting conflicts of interest and structuring public contracts to avoid reporting requirements. McGuiness has said that others in state government have acted similarly without being prosecuted.
“These assertions lay the groundwork for the first part of the defendant’s selective prosecution claim and make the discovery request seem frivolous,” he wrote.
Carpenter ordered prosecutors to provide McGuiness with the name and job description of any employee who has been hired by a state elected official’s office since Jan. 1, 2019, and who is a “close relative” under federal law. Delaware. That definition applies to a parent, spouse, child, or sibling.
Prosecutors must also provide McGuiness with copies of any professional services contracts for $50,000 or less that have been approved by the governor or attorney general since January 1, 2019.