The biggest name so far in the corruption trial of former FirstEnergy executives Chuck Jones and Michael Dowling in Akron testified by remote video from Washington D.C. this morning. Former Lt. Gov. and now US Sen. Jon Husted (R-OH) was called by the defense to talk about Gov. Mike DeWine’s appointment of the late Sam Randazzo as Public Utilities Commission chair, as the utility was seeking a bailout for its nuclear plants in the form of House Bill 6.
Husted isn’t accused of wrongdoing, and was called as a defense witness to talk about the selection of Randazzo in 2019. Husted confirmed earlier testimony for the defense that FirstEnergy preferred Columbus attorney Jason Rafeld over Randazzo as PUCO chair.
Husted, a longtime lawmaker, said he had a professional relationship with Jones and Dowling. He confirmed they met for dinner at the Columbus Athletic Club near the Statehouse in December 2018, not long after he and DeWine won their campaign. Husted said he was responsible for gathering information about candidates for chair of the PUCO for DeWine.
“Generally speaking, what was your understanding of Firstenergy's position as to who they wanted the PUCO chair to be as of December 19, 2018?” defense attorney Steve Grimes asked Husted.
“They were advocating for Jason Rafeld," Husted replied.
Grimes followed up a few minutes later by asking if FirstEnergy's support for Rafeld guaranteed Husted's support. He replied that it did not.
"Because the folks at First Energy supported Jason Rafield, did that mean the governor was going to support Jason Rayfield?" Grimes asked.
"No, it did not," Husted responded.
Randazzo became PUCO chair in February 2019. HB 6 was introduced a few months later and signed into law in July 2019. Prosecutors said Randazzo wrote portions of that law. Randazzo had been charged along with Jones and Dowling and like them pleaded not guilty. He died by suicide in April 2024.
The prosecution has claimed Jones and Dowling wanted Randazzo as PUCO chair, and authorized a $4.3 million bribe to him so he’d help FirstEnergy in that job. But Jones and Dowling have claimed that payment was a settlement that was supposed to go to clients Randazzo represented, and that he stole it.
Assistant Ohio Attorney General Matt Meyer began his cross-examination with a simple question: "Are you happy to be here?"
"Thrilled," Husted replied, deadpan.
Meyer then asked Husted several questions about the importance of fair decision-making and disclosure of financial arrangements by state officials.
"You wouldn't want Ohioans to think that the person your administration selected for the job of PUCO chair had secret financial relationships with one of these regulated utilities, would you?" Meyer asked.
Husted replied, "I would not. And they should not."
Meyer asked Husted about a call with Dowling the day after the December 2018 dinner, and asked if Husted had been told that Dowling was working out a payment to "a company with no employees owned by Sam Randazzo?" Husted said no.
Meyer then asked whether Husted felt undisclosed financial relationships could compromise the PUCO's work.
"Whatever the law requires is what they should do. And if it requires disclosure, that should have been done," Husted said.
"Ok, and you would agree with me that Ohioans shouldn't have to tolerate a chair who's compromised by secret financial--"
The defense interrupted with an objection, but Meyer protested, saying he hadn't finished his question.
"It's already objectionable," Grimes said.
Meyer concluded with one final question: "You would want anyone involved in compromising the integrity of a PUCO chair to be held accountable, wouldn't you?"
The defense immediately objected. After Husted disconnected the remote feed, Grimes and Jones' lawyer Carole Rendon once again asked for the judge to dismiss the case for clear and continued prosecutorial misconduct.
"This is so far across the line, I can't fathom how Mr. Meyer thinks that's appropriate. He knows it's not," Grimes said.
"I've sat through weeks of the defense asking witnesses about whether Mr. Randazzo stole, whether he was cheating, whether he was guilty," Meyer responded. "My question didn't even approach that."
Summit County Judge Susan Baker Ross, who dismissed money laundering charges against Jones and Dowling Tuesday for insufficient evidence, rebuked Meyer for his last question. But she said the trial will move on.
Jones and Dowling also face federal charges in connection with the scandal. Former House speaker Larry Householder and former Ohio GOP chair Matt Borges were convicted on similar charges in federal court in 2023 in connection with pushing HB 6 through the legislature. Householder, who's in prison on a 20-year sentence, is also facing state charges of misuse of campaign money and ethics violations. FirstEnergy struck a plea deal on federal charges in 2021, paying $230 million in that agreement.
