Former Colorado Gov. John Hickenlooper refused to comply with a subpoena to testify before the state’s Independent Ethics Commission on Thursday.
Hickenlooper, who briefly ran for the Democratic Party’s 2020 presidential nomination, was subpoenaed last week to testify about ethics complaints stemming from his time as governor but did not appear for questioning during a virtual hearing on Thursday. Instead, he sent his attorney, who argued that he should not have to show up because he was appealing a legal decision from Wednesday that said he must testify.
The five-person commission voted unanimously to have the state attorney general’s office enforce the subpoena. The commission’s chairwoman, Elizabeth Espinosa Krupa, said that the attorney general’s office had a “team on its way to enforce the subpoena.” Krupa also said she would be willing to find Hickenlooper in contempt of the subpoena if he did not comply.
“I believe our subpoena was very clear,” Commissioner William Leone said. “[Hickenlooper is] currently in contempt of that subpoena.”
Later in the day on Thursday, the commission voted unanimously to find Hickenlooper in contempt for his failure to comply with the subpoena.
Hickenlooper’s attorney argued that the former governor should not have to testify virtually. He said that technical glitches and other issues violated the due process rights of his client. On Wednesday, a judge ruled that holding a virtual hearing during the coronavirus pandemic did not breach the right to due process, but the attorney said he wants to have his appeal heard before Hickenlooper testifies online.
There were several instances of technical difficulties during Thursday morning’s proceedings. A spokeswoman for Hickenlooper, Melissa Miller, and reporters watching the hearing highlighted a handful of glitches that occurred.
“Today’s debacle of a hearing has made clear that WebEx doesn’t work for a legal proceeding like this. We will be opposing the motion to enforce the subpoena,” Miller tweeted.
.@Hickenlooper has made clear he will testify in person. Today’s debacle of a hearing has made clear that WebEx doesn’t work for a legal proceeding like this. We will be opposing the motion to enforce the subpoena. #copolitics #cosen
— Melissa Miller (@Meliss1001) June 4, 2020
Issues with showing exhibits at the IEC hearing? Who could have predicted this?
Oh wait. From April: #copolitics #cosen pic.twitter.com/CbqyhhzFiS— Melissa Miller (@Meliss1001) June 4, 2020
Amazing! She probably doesn’t know it, but opening statement by Suzanne Staiert in Independent Ethics Commission hearing on @Hickenlooper travel was briefly interrupted on my screen when “Turd Ferguson” popped into the meeting. No video. Just his name. #copolitics #9News pic.twitter.com/8LzZ09p6Gz
— Marshall Zelinger (@Marshall9News) June 4, 2020
Hickenlooper was accused of breaching the state’s constitution by violating an ethics clause that prohibits elected officials from accepting gifts valued above $53. While serving as governor, Hickenlooper flew on a private jet owned by a friend multiple times. He has denied any wrongdoing.
Hickenlooper is running for Senate against Colorado incumbent Republican Sen. Cory Gardner.