Michael Capps (politician)
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Michael Capps is an American politician who was born in
Wichita, Kansas Wichita ( ) is the largest city in the U.S. state of Kansas and the county seat of Sedgwick County, Kansas, Sedgwick County. As of the 2020 United States census, 2020 census, the population of the city was 397,532. The Wichita metro area had ...
. A
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
, he was a member of the
Kansas House of Representatives The Kansas House of Representatives is the lower house of the legislature of the U.S. state of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for craftin ...
for the 85th district from 2018 to 2021.


Early life and family

Capps was born in 1978.Potter, Tim
"Abandoned Republican with issues wins Wichita-area legislative race,"
November 6, 2018, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved September 11, 2021
"Michael Capps (R-Kansas House District 95),"
October 17, 2016,
Kansas State Network KSNW (channel 3) is a television station in Wichita, Kansas, United States, affiliated with NBC and Telemundo. The station is owned by Nexstar Media Group, and maintains studios on North Main Street in northwest Wichita (near downtown); its tran ...
, retrieved September 11, 2021
Lutz, Bob
column: "Bob Lutz: How Mike Capps became more than a big brother,"
September 25, 2015, Sports section, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved September 11, 2021
In profile interviews, he reported that he was born and raised in the northwest Wichita suburb of Valley Center, by a single mother, and never knew his biological father until age 18. As a kid, he said, he participated in wrestling, but was not interested in sports, and preferred involvement with computers, software and gadgets. He reported graduating high school in 1996, subsequently becoming involved with his church, "mentoring disciple students." Four years later, he joined the
U.S. Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
, serving around the globe, including in combat situations in the Middle East, until 2003. He indicated he was a radio operator on
C-130 The Lockheed C-130 Hercules is an American four-engine turboprop military transport aircraft designed and built by Lockheed (now Lockheed Martin). Capable of using unprepared runways for takeoffs and landings, the C-130 was originally desig ...
transports, including in combat service during the events of
9/11 The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...
. Capps reported that, when he returned to Kansas, he again became involved in his church. At age 27, he became a single father to a seven-year-old boy who was assigned to him while Capps volunteered with Big Brothers Big Sisters in 2005. Capps adopted the boy - the son of a disabled, terminally ill mother. However, she entered remission, and by mutual arrangement remained engaged with her son, who lived with his adoptive father, Capps, until adulthood.


Business activity

Capps engaged in various businesses, particularly in computers and business consulting. He founded Integrated Technologies of Kansas ("itKansas" or "ITK"), a computer services firm, reportedly in 2005 (another report says 2008).Heck, Josh
"Integrated Technologies of Kansas sold,"
September 21, 2015, ''
Wichita Business Journal American City Business Journals, Inc. (ACBJ) is an American newspaper publisher based in Charlotte, North Carolina. ACBJ publishes The Business Journals, which contains local business news for 44 markets in the United States, Hemmings Motor News ...
,'' retrieved September 11, 2021
The firm developed experience working in federal government support.Sheridan, Jimmy
"Cybertron, Aiming At Cloud Services Market, Buys ITKansas,"
September 23, 2015, '' CRN'' retrieved September 11, 2021
In 2015, Capps sold ITK to Cybertron International, Inc., a larger local computer services firm, and became Cybertron's employee, as vice president of technology services, for less than a year."Non-Compete Pact Survives Chapter 7 Discharge,"
July 30, 2018, '' BloombergLaw''
In 2016, Capps reported that he was the
CEO A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
of Ray Alan and Associates, Inc., a "business coaching and consulting firm" serving "small business owners."


Electoral career


2016

In 2016, Capps ran for the
Kansas House of Representatives The Kansas House of Representatives is the lower house of the legislature of the U.S. state of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for craftin ...
for the 95th District against incumbent Democrat
Tom Sawyer Thomas Sawyer () is the titular character of the Mark Twain novel ''The Adventures of Tom Sawyer'' (1876). He appears in three other novels by Twain: ''Adventures of Huckleberry Finn'' (1884), ''Tom Sawyer Abroad'' (1894), and ''Tom Sawyer, Dete ...
. Each was unopposed in the primary. Sawyer won with 54.4% against 45.5% of the vote for Capps."Kansas 95th District State House Results: Tom Sawyer Wins,"
August 1, 2017, ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
,'' retrieved September 11, 2021
Caudillo, Angela, Election Commissioner
"November 8, 2016 General Election - State Representative 95TH DISTRICT.htm,"
last updated November 21, 2016, Sedgwick County Election Office, retrieved September 11, 2021
2016 General Election Official Results
''
Kansas Secretary of State The secretary of state of Kansas is one of the constitutional officers of the U.S. state of Kansas. The current secretary of state is the former speaker ''pro tempore'' of the Kansas House of Representatives, Scott Schwab, who was sworn in on Ja ...
''. Retrieved November 6, 2019.


2018

In 2018, Capps filed to run for the seat in Kansas House District 97, using an address on South Chase Street, in south Wichita. But, several months before the election, Chuck Weber, the incumbent Representative for House District 85 - a staunchly Republican district that includes parts of north Wichita, plus suburbs to the north ( Bel Aire and Kechi) and Benton northeast of Wichita - decided to withdraw from his run for re-election. Capps changed his campaign filing, and ran for the District 85 seat, instead, reporting his address as 3103 North Governeour, Wichita, with a mailing address of 6505 E Central Ave #110.Candidates for the 2018 General (unofficial)
''
Kansas Secretary of State The secretary of state of Kansas is one of the constitutional officers of the U.S. state of Kansas. The current secretary of state is the former speaker ''pro tempore'' of the Kansas House of Representatives, Scott Schwab, who was sworn in on Ja ...
''. Retrieved November 6, 2019.
When Capps said he lived at the Governeour street address, a home which had been scheduled to be sold at auction on June 27, 2018, Democrats complained it was not Capps' true address. However, the state Objections Board, all Republicans - Lieutenant Governor
Tracey Mann Tracey Robert Mann (born December 17, 1976) is an American businessman and politician who has served as the U.S. representative from Kansas's 1st congressional district since 2021. The district, popularly known as "the Big First," includes par ...
, Kansas Attorney General
Derek Schmidt Derek Larkin Schmidt (born January 23, 1968) is an American lawyer and politician who has been the Kansas Attorney General since 2011. A Republican, Schmidt was first elected to office serving in the Kansas Senate, where he represented the 15th ...
, and Kansas Secretary of State
Kris Kobach Kris William Kobach ( ; born March 26, 1966) is an American lawyer and politician who is the Attorney General of Kansas. He previously served as the 31st Secretary of State of Kansas. A former Chairman of the Kansas Republican Party, Kobach came ...
- refused to uphold the complaint. In 2018, Capps reported that he was endorsed by the
Kansas Chamber of Commerce Kansas Chamber of Commerce (KCC) is a statewide business and industrial coalition in the state of Kansas. History KCC was founded in 1924 by representatives of 40 local chambers of commerce, who met in Hutchinson, Kansas. The founders focused ...
,
Family Policy Alliance of Kansas Family Policy Alliance of Kansas is a conservative Christian lobbying group and the state affiliate of Family Policy Alliance in Kansas. The affiliate was previously known as Kansas Family Research Institute. Policies President Eric Teetsel ...
, and Kansans for Life. During the summer before the election, incumbent Weber resigned his 85th District seat in the Legislature, effective July 14, 2018. The Sedgwick County Republican Central Committee appointed candidate Capps to fill the remainder of Weber's 85th District term, while Capps was running for that seat, though the legislature did not meet during those months.


Abuse allegations

Not long after Capps's appointment to the vacant seat, allegations of child abuse surfaced. The Kansas GOP cut ties with Capps after it was revealed that the
Kansas Department of Children and Families The Kansas Department for Children and Families (formerly the Kansas Department of Social and Rehabilitation Services) is a state agency in Kansas Kansas () is a U.S. state, state in the Midwestern United States, Midwestern United States. I ...
(DCF) had found him responsible for emotional abuse of boys, in 2017, in his work as a volunteer
Court-appointed special advocate Court Appointed Special Advocates (CASA) is a national association in the United States that supports and promotes court-appointed advocates for abused or neglected children. CASA are volunteers from the community who complete training that has ...
(CASA). Capps denied the allegations, countering that the agency had investigated him in retaliation for his reporting of a foster parent's misconduct. (The agency's findings against Capps were reversed by the state Office of Administrative Hearings, which found them "unsubstantiated", and cited DCF procedural errors). The local CASA office said it suspended Capps from his role. He resigned from CASA, and was subsequently decertified from the work.Kansas GOP Cuts Ties With Michael Capps After Child Abuse Accusations Surface
''
KCUR KCUR-FM (89.3 MHz) is a public, listener-supported radio station in Kansas City, Missouri, broadcasting over the Kansas City metropolitan area and parts of Missouri and Kansas. It is a service of the University of Missouri-Kansas City, which als ...
'', Stephen Bisaha, August 31, 2018. Retrieved November 4, 2019.
"Kansas lawmaker accused of child abuse, tries to clear name,"
August 30, 2018,
KAKE-TV KAKE (channel 10) is a television station in Wichita, Kansas, United States, affiliated with American Broadcasting Company, ABC and owned by Lockwood Broadcast Group. The station's studios are located on West Street in northwestern Wichita, and ...
retrieved September 10, 2021
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Speaker of the
Kansas House of Representatives The Kansas House of Representatives is the lower house of the legislature of the U.S. state of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for craftin ...
, Ron Ryckman Jr., asked him to withdraw from the November election race for his District 85 seat. "Unfortunately, he has chosen to remain a candidate," the party's letter said. "Mr. Capps has been made aware that his decision to stay in the race is not supported by the Kansas Republican Party."


State House elections

Capps won the 2018 election with 54% of the vote, to 46% for Democrat Monica Marks,Kansas House of Representatives District 85
''
Ballotpedia Ballotpedia is a nonprofit and nonpartisan online political encyclopedia that covers federal, state, and local politics, elections, and public policy in the United States. The website was founded in 2007. Ballotpedia is sponsored by the Lucy Bur ...
''. Retrieved November 4, 2019.
but remained ostracized by his own party. In 2020, he lost the Republican primary to Patrick Penn, who received 74.4%, 3,349 votes.


2019

Capps was sworn in to serve a full two-year term as a Kansas State Representative on January 14. 2019. Prior to the start of the 2019 legislative session, Capps pre-filed his first piece of legislation, HB 2025, aimed at including a person who has filed a petition for adoption in the definition of an interested party in the child in need of care code. While HB 2025 never emerged from committee, Capps spoke frequently during the 2018 election campaign on the importance of reforming the Kansas Department of Children and Families. Capps also introduced HB 2285, a bill creating the Kansas legal tender act; providing for sales exemption from and modification for sales of specie legal tender. This was ultimately consolidated into other legislation passed in the 2019 session. The
Kansas Policy Institute The Kansas Policy Institute (KPI) is a free market American think tank based in Wichita, Kansas. A member of the State Policy Network, it primarily focuses on state and local policy issues in Kansas, including education, budget and spending, heal ...
gave him a 94% fiscally conservative evaluation in 2019.


2019 Wichita mayoral election slander allegations


Attack ad project

During a contested Wichita mayoral runoff nonpartisan election to be held on November 5, 2019, in an attack on the challenging candidate,
Brandon Whipple Brandon Whipple (born July 13, 1982) is an American politician and academic serving as mayor of Wichita, Kansas. He previously served as a Democratic member of the Kansas House of Representatives representing the 96th district, which included p ...
, a Democrat, a salacious video appeared on-line. The anonymously produced and circulated video was created by Matthew Colborn at the behest of Wichita Republican political officeholders.Man behind ‘Protect Wichita Girls’ video breaks silence
''
KWCH KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
'', Alex Flippin and Lily Wu, August 28, 2020. Retrieved September 30, 2020.
The video made a false claim of sexual harassment against Whipple. The allegation had, in fact, been copied word-for-word from an actual claim, made against an anonymous Republican state senator in a ''
Kansas City Star ''The Kansas City Star'' is a newspaper based in Kansas City, Missouri. Published since 1880, the paper is the recipient of eight Pulitzer Prizes. ''The Star'' is most notable for its influence on the career of President Harry S. Truman and as ...
'' article two years earlier.Political smear ad accused Kansas Democratic lawmaker of sexual misconduct actually involving Republican
''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', Katie Shepherd, October 30, 2019. Retrieved November 4, 2019.
Rep. Capps can't explain why his firm's listed as creator of anti-Whipple fake-ad site
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'', Dion Lefler and Chance Swaim, November 1, 2019. Retrieved November 4, 2019.


Cover-up

Elaborate covers had allegedly been implemented by the perpetrators of the smear against Whipple, in
Wyoming Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
and
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ker ...
, where state laws permit registered agents for mail forwarders and corporation principals to conceal the actual identities of the parties they represent.Swaim, Chance and Dion Lefler
Anatomy of a smear campaign, Part 2: 'Sleaze with a capital S'
July 6, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'', retrieved October 2, 2020.
An investigation by the ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' revealed that the producer of the defamation was Capps. The video had been filmed a downtown Wichita office building that Capps shared with Wichita City Councilman James Clendenin, an alleged ally of the then-incumbent mayor,
Jeff Longwell Jeff Longwell (born June 15, 1960) is an American politician and businessman who served as the 101st mayor of Wichita, Kansas from 2015 to 2020. Prior to his election as mayor, Longwell served eight years on the Wichita city council and twelve ...
. After the
Sedgwick County, Kansas Sedgwick County ( county code: SG) is located in the U.S. state of Kansas. As of the 2020 census, the population was 523,824, making it the second-most populous county in Kansas. Its county seat is Wichita, the most populous city in the stat ...
Republican party chair, Dalton Glasscock, publicly called for Capps to resign, Capps then falsely claimed, less than two days before the November 2019 election, that it was Glasscock who had actually approved the production of the video, an allegation which Glasscock denied.Andres, Craig
"Rep. Michael Capps has new allegations against local party chairman,"
Nov 4, 2019 (Updated Nov 5, 2019),
Kansas State Network KSNW (channel 3) is a television station in Wichita, Kansas, United States, affiliated with NBC and Telemundo. The station is owned by Nexstar Media Group, and maintains studios on North Main Street in northwest Wichita (near downtown); its tran ...
, retrieved September 11, 2021.
However, in August 2020, Colborn originally said that he was first approached by Glasscock to make the video, for which he was given a script and promised $20,000 for the work. Colborn further said that Capps had nothing to do with the making of the video, but that Sedgwick County Commissioner Michael O'Donnell, provided him with the intended script. Colborn said he was paid by a $10,000 check drawn on a firm owned by Capps. Glasscock truthfully denied any role in the making of the video. When a Wichita Eagle reporter went to the claimed Capps' residence in the wake of the October 2019 accusations about the fabricated attack video against Whipple, an unidentified young man living in the home said he was "house sitting" and hadn't seen Capps "in a while."


Initial lawsuit

Whipple, who was elected Wichita mayor, sued videographer Colborn and two unnamed parties for slander. In his suit, others were subpoenaed to testify. O'Donnell, who faced reelection on November 3, 2020, was subpoenaed and was scheduled to give testimony by October 15, 2020, though conditions specified in the judge's order made it unlikely that it would be made public before election day.O’Donnell has to testify in Whipple attack ad suit, but what he says can't be released
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'', Dion Lefler, September 30, 2020. Retrieved September 30, 2020.
O'Donnell and Clendenin admitted they raised the money for the smear but had been misled to believe it was going to be used for billboard rentals. After the ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' investigation revealed Capps involvement in the attack ad project, Sedgwick County Republican Party leaders unanimously decided to make a public demand for Capps to resign. Capps, however, when informed before the announcement, November 1, 2019, threatened to drop a "nuclear bomb" on the local party leaders if they followed through on the plan - "naming" people, threatening to bring down the whole party with him. A surreptitious audio recording of the exchange had been made by Colburn, but would not become public for nearly a year.Swaim, Chance and Dion Lefler
"Another recording surfaces in Sedgwick County scandal; Capps threatens GOP leaders,"
October 26, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 27, 2020
Two days later, on November 3, 2020, Capps met with co-conspirators Michael O'Donnell (by then Sedgwick County Commissioner) and Wichita City Councilperson James Clendenin, to find a way to attribute the blame for the ad on the county party chair, Glasscock. Unbeknownst to the three elected public officials, that meeting too, was secretly recorded by a fourth party—their video producer Colborn—for which evidence would emerge in late October, 2020.


2020 lawsuit and recordings revealed


Investigation and charges

In February 2020—represented by the area's former U.S. Attorney, Randy Rathbun—now-Mayor Whipple brought suit against the person who produced the video, Matthew Colborn, and an obscure group calling itself "Protect Wichita Girls, LLC." In the process, Whipple's attorney issued a subpoena for e-mails between O'Donnell and Sedgwick County Republican Party Chair Glasscock.Lefler, Dion
"Subpoena seeks O’Donnell e-mails in false attack on Whipple's Wichita mayor campaign,"
February 19, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 26, 2020
In October 2020, through Rathbun, Whipple amended the defamation and conspiracy lawsuit to include Capps, O'Donnell (now Sedgwick County Commissioner), and Wichita City Councilman James Clendenin as defendants. The suit alleged that the co-conspirators attempted to blame their complex, interstate conspiracy on the Sedgwick County Republican Chairman, Dalton Glasscock. It also alleged that they attempted to create marital discord in Whipple's own family, through false allegations."Wichita mayor responds to new details in lawsuit over attack ad,"
October 15, 2020,
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
''Eyewitness News'', retrieved October 26, 2020
Lefler, Dion and Chance Swaim
O'Donnell, Capps, Clendenin conspired to smear Whipple, blame GOP chair, lawsuit says
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'', October 14, 2020. Retrieved October 21, 2020.
The amended lawsuit further asserted that O'Donnell wrote the script for the false ad, Clendenin raised money for promoting it, and Capps attempted to hide their identities by creating a cover organization in New Mexico.Flippin, Alex
"O’Donnell, Capps and Clendenin added to attack ad lawsuit,"
Oct 14 2020,
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
''Eyewitness News'', retrieved October 26, 2020


Audio recording revelations

On October 23, 2020, a secret audio recording emerged of a meeting of the alleged conspirators, with their video producer, Colburn (who secretly recorded the meeting), discussing the attack ad project and cover-up. Extensive excerpts of the recording were published in the local newspaper Swaim, Chance and Dion Lefler
"Secret recording: O'Donnell, Capps, Clendenin plot how to get away with Whipple smear,"
October 23, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 26, 2020
and played on local television,Flippin, Alex
"Michael O'Donnell among state/city leaders caught conspiring on secret recording; Secretly recorded meeting sheds light on lawsuit"
''
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
'' ''Eyewitness News'', October 23, 2020. Retrieved October 26, 2020.
showing that the three Republicans had, indeed, conspired largely as alleged, with O'Donnell heard saying: : "Like I’ve always learned in politics, it's always avoid the truth at all expense, right? And just go on the attack." Whole copies and excerpts (audio and print), of the secret recording, were published online by local media, including the city's main newspaper, the ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' Swaim, Chance and Dion Lefler
"Leaked audio reveals O’Donnell, Capps, Clendenin cover-up of Whipple smear,"
October 24, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' on
SoundCloud SoundCloud is an online audio distribution platform and music sharing website that enables its users to upload, promote, and share audio. Founded in 2007 by Alexander Ljung and Eric Wahlforss, SoundCloud is one of the largest music streaming se ...
, retrieved October 26, 2020
and Wichita's CBS-TV affiliate
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
.


Removal or resignation demands and inquiry

The revelation prompted immediate condemnations from throughout the Wichita area,Lefler, Dion and Chance Swaim
"DA investigating whether 3 Wichita officials should be ousted for cover-up conspiracy,"
October 26, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 26, 2020.
"Sedgwick County GOP calls on three officials to resign over attack ad, Sedgwick County DA begins investigation,"
October 24, 2020, Updated: October 26, 2020, KFTI-AM/
KFDI-FM KFDI-FM (101.3 MHz) is a 100 kW radio station operating in Wichita, Kansas. Identifying as "Today's KFDI-FM 101.3, Wichita's Country Favorites," the station runs a contemporary country music format. KFDI has a strong emphasis on news, weath ...
radio news, retrieved October 26, 2020
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' Editorial Board
"'Ugly and unacceptable': Growing chorus says O’Donnell, Capps, Clendenin should resign ,"
editorial, October 26, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 26, 2020.
including calls from three of O'Donnell's four fellow County Commissioners (mostly Republican) for O'Donnell to resign, and withdraw from his re-election race.Shine, Tom and Deborah Shaar
"Sedgwick County Commissioners Call For O'Donnell To Resign; Ask For Investigation,"
October 24, 2020, Updated: October 26, 2020, KMUW-FM radio news,
Wichita State University Wichita State University (WSU) is a public research university in Wichita, Kansas, United States. It is governed by the Kansas Board of Regents. The university offers more than 60 undergraduate degree programs in more than 200 areas of study in ...
, retrieved October 26, 2020
Similar demands were made by the Sedgwick County Republican Party,"Sedgwick County Republican Party to three lawmakers: resign,"
October 26, 2020, '' KNSS-AM'' radio news, retrieved October 26, 2020
which announced on social media, October 24, 2020: :"This week's events bring to a head the malicious and dishonest actions of Michael Capps, Michael O’Donnell, and James Clendenin over the past year. We have stated from the beginning that this type of politics and actions would not be supported by the Sedgwick County Republican Party. We have said, and repeat, that those involved in this video ad campaign and the misinformation campaign are not fit to serve in public office and should step down.""Sedgwick County Republican Party asks O’Donnell, Clendenin, Capps to step down,"
October 24, 2020, Updated: October 26, 2020,
Kansas State Network KSNW (channel 3) is a television station in Wichita, Kansas, United States, affiliated with NBC and Telemundo. The station is owned by Nexstar Media Group, and maintains studios on North Main Street in northwest Wichita (near downtown); its tran ...
news, retrieved October 26, 2020
The Wichita Regional Chamber of Commerce, and its political action committee, concurred. On October 25–26, the Sedgwick County District Attorney announced a joint investigation—by his office, the
Wichita Police Department The Wichita Police Department (WPD) is the primary law enforcement agency serving Wichita, Kansas. Wichita Police Department's jurisdiction overlaps with the Sedgwick County Sheriff's office. Current chief of the Wichita Police Department is Jos ...
and the Sedgwick County Sheriff’s Department—into whether Capps and his co-conspirators could be forced from public office. State statutes prevent the legal ouster of a state official within 180 days before the end of their term in office, or within 120 days after its start—with the result that Capps, and co-conspirator O'Donnell (who was running for re-election) were immune from normal ouster proceedings until the election, and—if O'Donnell were re-elected—immune from such proceedings during the first 120 days of his new term (Capps had been defeated in his primary election bid for re-election)."Sedgwick County DA launches investigation after Capps, Clendenin, O'Donnell caught conspiring on secret recording,"
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
''Eyewitness News,'' October 26, 2020, retrieved October 26, 2020: "The Sedgwick County DA announced Monday an investigation into a secret recording in which 3 local lawmakers conspire to frame county GOP chairman for false attack ad."


Capps threats revealed

By October 26, Sedgwick County Republican Party leaders released an audio recording of Capps' November 1. 2019 confrontation and threats.


Official reactions


Congressman Estes

October 26, 2020, U.S. Congressman
Ron Estes Ronald Gene Estes ( ; born July 19, 1956) is an American politician, engineer, and farmer who has been the U.S. representative for since April 2017. A member of the Republican Party, he served as Kansas State Treasurer from 2011 to 2017. A fif ...
, a Wichita Republican who represented (which included the districts of Capps, O'Donnell and Clendenin), called for their resignations.Lefler, Dion and Chance Swaim
"Estes joins call for O’Donnell, Clendenin and Capps to step down over political plot,"
October 27, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 29, 2020


Wichita City Council

During the next weekly Wichita City Council meeting, October 27, 2020, the council voted 5-0 to
censure A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
Capps co-conspirator Clendinin, a City Council member. (Clendenin and Mayor Whipple recused themselves from the discussion and vote.) However, the council remained divided on whether to call for Clendenin to resign. The council also voted to condemn Capps and O’Donnell for their roles in the plot.Lefler, Dion and Chance Swaim
"Wichita City Council censures Clendenin, O’Donnell and Capps for scandal cover-up,"
October 27, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 29, 2020
"A Resolution of the Governing Body of the City of Wichita Regarding Elected Officials,"
October 27, 2020, Wichita City Council, City of Wichita, retrieved October 29, 2020
On December 22, Clendenin resigned his seat, effective December 31, 2020.


Sedgwick County Commission

The next day, the Sedgwick County Commission unanimously (O'Donnell abstaining) passed a resolution censuring O’Donnell and formally requesting his resignation. The resolution also said that if O’Donnell were to win re-election in the next week's election, he should decline to serve the new term.Swaim, Chance
"Sedgwick County Commission formally asks O’Donnell to resign,"
October 28, 2020, ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' retrieved October 29, 2020
Flippin, Alex and KWCH Staff
"Sedgwick County Commission formally asks Michael O’Donnell to resign,"
October 28, 2020,
KWCH-TV KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
''Eyewitness News,'' retrieved October 29, 2020


Sedgwick County District Attorney

On November 25, Mark Bennett, the Sedgwick County D.A. moved to have the state take up the case of the removal of Capps from office, since the D.A. is precluded from doing so by statute.


Kansas Attorney General

Responding to a petition from Sedgwick County District Attorney Marc Bennett,
Derek Schmidt Derek Larkin Schmidt (born January 23, 1968) is an American lawyer and politician who has been the Kansas Attorney General since 2011. A Republican, Schmidt was first elected to office serving in the Kansas Senate, where he represented the 15th ...
responded that he lacked the authority to remove Capps.Swaim, Chance
District attorney confirms investigation of CARES Act awards to Wichita officials
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' December 14, 2020. Retrieved December 15, 2020.
per state law, which allows only four methods for removal of a state representative: Defeat in an election; expiration of the official's term of office; recall election; or expulsion by a vote of the state House of Representatives. He noted that state law forbids recall elections in the last 200 days of a representative's term. He also noted that, because the legislature would not meet before the election, the Legislature could not oust Capps, either.Kellerman, Shelby
Citing state law, Kansas attorney general will not file lawsuit ousting Rep. Michael Capps
''
Wichita Business Journal American City Business Journals, Inc. (ACBJ) is an American newspaper publisher based in Charlotte, North Carolina. ACBJ publishes The Business Journals, which contains local business news for 44 markets in the United States, Hemmings Motor News ...
'', December 1, 2020. Retrieved September 12, 2021.


COVID-19 relief fraud and money laundering charges

In December, 2020, the ''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'' published an analysis of public records and other sources that purported to indicate that Capps and his business partner, Wichita City Council member Clendenin, had acquired federal, state and county government financial aid that was primarily intended to assist businesses suffering from the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
, beyond what they should have been eligible for - a total of $495,200 - possibly fraudulently.Swaim, Chance
Two elected Kansas officials awarded a total of $495,200 from CARES Act. Did they need it?
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
, ''December 13, 2020. Retrieved September 12, 2021.
The report revealed that Capps and Clendenin had apparently acquired the funds to ostensibly pay salaries of nonexistent employees. The enterprises for which Capps sought money were Midwest Business Group LLC, Krivacy LLC, and the Fourth and Long Foundation — the same entities used to make the false attacks against Mayoral candidate Brandon Whipple in 2019. Capps sied that, following his closure of the ''Fourth and Long Foundation'' on October 19, 2020, he was attempting to return the $95,000 it had received from the
U.S. Small Business Administration The United States Small Business Administration (SBA) is an independent agency of the United States government that provides support to entrepreneurs and small businesses. The mission of the Small Business Administration is "to maintain and stre ...
. Sedgwick County District Attorney Marc Bennett confirmed that his office had been investigating the situation since September 2020. Within days of the ''Eagle's'' publication of their findings, Sedgwick County Commissioner David Dennis urged County officials to audit County funds given to Capps' enterprises, and if appropriate, demand their return.Chance Swaim and Dion Lefler
Commissioner asks Capps and Clendenin to return CARES Act grant to Sedgwick County
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' December 16, 2020. Retrieved September 12, 2021.
In September 2021, Capps was indicted by a federal grand jury on nineteen counts of fraud and money laundering pertaining to
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
relief funds, and state and local economic development funds. According to the United States Attorney's Office for the District of Kansas, Capps defrauded government agencies for more than $450,000, supposedly payroll for nonexistent employees."Former Kansas legislator charged with COVID relief fraud,"
September 10, 2021,
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
, retrieved September 10, 2021
Press release
"Wichita Businessman Faces 19 Counts of COVID Relief Fraud,"
September 9, 2021, U.S. Attorney's Office, District of Kansas,
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
, retrieved September 10, 2021
"Michael Capps indicted on 19 counts of COVID relief fraud, money,"
KAKE-TV KAKE (channel 10) is a television station in Wichita, Kansas, United States, affiliated with American Broadcasting Company, ABC and owned by Lockwood Broadcast Group. The station's studios are located on West Street in northwestern Wichita, and ...
, retrieved September 10, 2021.
On December 21, 2022, Capps was found guilty of 12 of 18 counts by the jury. (One of the original 19 charges was dismissed at beginning of the trial.)Jury: Michael Capps, former Kansas legislator, guilty of federal COVID-19 fraud
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
'', Chance Swaim, December 21, 2022.
The businesses and nonprofit organizations served to launder a dark money campaign that falsely smeared mayoral candidate Brandon Whipple, a Democrat who won that seat. The funding for that video was provided by construction and real estate interests which supported former Wichita Mayor Jeff Longwell, a Republican. The video was filmed at the Midwest Business Group office. ''Krivacy'' registered a domain name (protectwichitagirls.com) before the video was published online. Those donors underwrote the faked video by writing checks to the nonprofit ''Fourth and Long,'' Foundation, a 501(c)(3) supposed youth sports charity. That allowed the payments to be kept anonymous and declared by the underwriters as ostensibly tax deductible. Mayor Whipple sued Capps plus James Clendenin and former Sedgwick County Commissioner Michael O'Donnell in state court for defamation. The convictions mean that Capps could be fined millions of dollars as well as being sentenced to decades in prison.


Verdict

The jury found Capps guilty on three counts of making false statements to apply for loans through the Payment Protection Program and the Small Business Association (SBA). Applying for Economic Injury Disaster Loans (EIDL) with the SBA, convictions said Capps lied about the number of employees he had and the revenue brought in through ventures that include ''Krivacy, LLC,'' and the ''Fourth and Long Foundation. He was also convicted of making a false statement to a bank for a PPP Loan, as well as lying about employee numbers and incoming revenue. The jury also found Capps guilty of one count of bank fraud, four counts of wire fraud, and four counts of money laundering. The jury acquitted Capps on one count of making a false statement, one count of wire fraud, and four counts of money laundering. A sixth count of wire fraud, in addition to the four convictions and one acquittal, was dismissed, court records show.Former state lawmaker guilty of COVID-19 relief fraud, could face years in prison
''
KWCH KWCH-DT (channel 12) is a television station licensed to Hutchinson, Kansas, United States, serving the Wichita area as an affiliate of CBS. It is owned by Gray Television alongside CW affiliate KSCW-DT (channel 33), and maintains studios on 3 ...
,'' December 21, 2022. Retrieved December 21, 2022.
On May 11, 2023, Capps was sentenced by Federal Judge
Eric Melgren Eric Franklin Melgren (born 1956) is the United States federal judge, Chief United States district judge of the United States District Court for the District of Kansas. Education and career Born in Minneola, Kansas, Melgren received a Bachelor of ...
to 27 months in federal prison followed by two years of supervised release. That was considerably less than the 51 months of incarceration for which the U.S. Attorney had asked. Capps was also sentenced to pay a $318,647.21 fine and to the forfeiture of $178,193.17 he had gained in illegal proceeds.


Former employer lawsuit victory

In January 2022, former Capps' employer Cybertron was awarded $200,000 from Capps by a District Court Judge for violations of a non-compete agreement.Former Rep. Michael Capps loses appeal, must pay ex-employer Cybertron $200,000
''
Wichita Eagle ''The Wichita Eagle'' is a daily newspaper published in Wichita, Kansas, United States. It is owned by The McClatchy Company and is the largest newspaper in Wichita and the surrounding area. History Origins In 1870, ''The Vidette'' was the fi ...
,'' Chance Swaim and Dion Lefler, January 14, 2022, Retrieved June 26, 2022.


References


External links


Profile
at
Ballotpedia Ballotpedia is a nonprofit and nonpartisan online political encyclopedia that covers federal, state, and local politics, elections, and public policy in the United States. The website was founded in 2007. Ballotpedia is sponsored by the Lucy Bur ...
{{DEFAULTSORT:Capps, Michael Living people Republican Party members of the Kansas House of Representatives Politicians from Wichita, Kansas Year of birth missing (living people) 21st-century American politicians United States Air Force airmen