Brent Swadley asks court to remove AG Drummond from criminal case due to public comments

Brent Swadley, co-founder of Swadley’s Bar-B-Q, filed a motion Tuesday to disqualify Oklahoma Attorney General Gentner Drummond from further involvement in a criminal case against him. >> Video Above: Attorney General Drummond to work with OSBI in investigation of Swadley’s scandalThe motion details concerns that a fair trial would not be possible for Swadley due to Drummond’s previous public comments about the case, which the motion says would negatively impact public perception of the state. Drummond recently announced his candidacy for Oklahoma governor. The motion, which was filed in the district court of Oklahoma County, points to the Oklahoma Rules of Professional Conduct, which prohibits prosecutors from making “extrajudicial statements that a reasonable lawyer would know are likely to have an imminent and materially prejudicial effect on the fact-finding process in an adjudicatory proceeding,” according to the filing. >> Video Below: Swadley’s BBQ co-founder says company remains a pawn in ‘political gamesmanship’ in contract scandalIn 2023, Drummond released a statement that his office will take over the responsibility of investigating the contract between Swadley’s Bar-B-Q and the Oklahoma Department of Tourism and Recreation. In 2024, Swadley was indicted on one felony count of conspiracy to defraud the state and five counts of representing false or fraudulent claims against the state. The motion points to specific comments made by Drummond, including his priority of “fighting a culture of corruption and scandal,” which he stated “Oklahomans have been inundated with news stories of scandal and corruption,” according to the filing. >> Video Below: Grand jury indicts 3 people in Swadley’s contract scandalThe motion claims that Drummond has used those statements as part of his gubernatorial campaign. In June 2024, the motion said Swadley’s attorneys sent Drummond’s office a cease-and-desist letter. “AG Drummond’s extrajudicial statements have (1) attacked Swadley’s character, (2) impugned Swadley’s integrity, (3) boasted the strength of the State’s case, (4) described the nature and probative value of evidence in the State’s possession, (5) asserted with confidence that the State’s evidence is so strong that Swadley’s conviction is essentially certain, and (6) predicted with certainty that this Court will find Swadley’s conduct so outrageous as to warrant a severe sentence,” the motion said. >> Video Below: Oklahoma State Department of Tourism cuts ties with Swadley’s amid investigationThe motion asks that Drummond and all prosecutors with the Oklahoma Attorney General’s Office be removed from the case against Swadley. The criminal charges center around Swadley’s Bar-B-Q and the state entering an agreement for the company to renovate and enhance restaurants in Oklahoma state parks. In 2022, the State Tourism Department canceled the contract with Swadley’s, alleging fraudulent activity and suing them. Prosecutors alleged that Swadley’s Foggy Bottom Kitchen presented false invoices to the Oklahoma Tourism and Recreation Department, as well as directed a restaurant equipment supplier to fabricate invoices with inflated amounts. Drummond has claimed a fabricated invoice for two used smokers was allegedly increased by 30%.>> Video Below: Oklahoma Tourism Dept. director resigns amid investigation into Swadley’s Foggy Bottom KitchenCurtis Ray Breuklander and Timothy Raymond Hooper were also indicted in the case. In the motion, Swadley’s attorneys also requested a gag order be ordered for the case, prohibiting Drummond and his staff from making public comments on the case. Top Headlines UPDATES: Storms could produce hail amid flooding and low tornado risk in Oklahoma Bustling crowds and bus rides are part of the annual peony pilgrimage to Michigan Police investigating after dead man found in southwest Oklahoma City Norman Regional lays off 10% of staff; entire clinics cut Major tomato recall now classified as deadly, according to FDA

Brent Swadley, co-founder of Swadley’s Bar-B-Q, filed a motion Tuesday to disqualify Oklahoma Attorney General Gentner Drummond from further involvement in a criminal case against him.

>> Video Above: Attorney General Drummond to work with OSBI in investigation of Swadley’s scandal

The motion details concerns that a fair trial would not be possible for Swadley due to Drummond’s previous public comments about the case, which the motion says would negatively impact public perception of the state. Drummond recently announced his candidacy for Oklahoma governor.

The motion, which was filed in the district court of Oklahoma County, points to the Oklahoma Rules of Professional Conduct, which prohibits prosecutors from making “extrajudicial statements that a reasonable lawyer would know are likely to have an imminent and materially prejudicial effect on the fact-finding process in an adjudicatory proceeding,” according to the filing.

>> Video Below: Swadley’s BBQ co-founder says company remains a pawn in ‘political gamesmanship’ in contract scandal

In 2023, Drummond released a statement that his office will take over the responsibility of investigating the contract between Swadley’s Bar-B-Q and the Oklahoma Department of Tourism and Recreation.

In 2024, Swadley was indicted on one felony count of conspiracy to defraud the state and five counts of representing false or fraudulent claims against the state.

The motion points to specific comments made by Drummond, including his priority of “fighting a culture of corruption and scandal,” which he stated “Oklahomans have been inundated with news stories of scandal and corruption,” according to the filing.

>> Video Below: Grand jury indicts 3 people in Swadley’s contract scandal

The motion claims that Drummond has used those statements as part of his gubernatorial campaign.

In June 2024, the motion said Swadley’s attorneys sent Drummond’s office a cease-and-desist letter.

“AG Drummond’s extrajudicial statements have (1) attacked Swadley’s character, (2) impugned Swadley’s integrity, (3) boasted the strength of the State’s case, (4) described the nature and probative value of evidence in the State’s possession, (5) asserted with confidence that the State’s evidence is so strong that Swadley’s conviction is essentially certain, and (6) predicted with certainty that this Court will find Swadley’s conduct so outrageous as to warrant a severe sentence,” the motion said.

>> Video Below: Oklahoma State Department of Tourism cuts ties with Swadley’s amid investigation

The motion asks that Drummond and all prosecutors with the Oklahoma Attorney General’s Office be removed from the case against Swadley.

The criminal charges center around Swadley’s Bar-B-Q and the state entering an agreement for the company to renovate and enhance restaurants in Oklahoma state parks. In 2022, the State Tourism Department canceled the contract with Swadley’s, alleging fraudulent activity and suing them.

Prosecutors alleged that Swadley’s Foggy Bottom Kitchen presented false invoices to the Oklahoma Tourism and Recreation Department, as well as directed a restaurant equipment supplier to fabricate invoices with inflated amounts. Drummond has claimed a fabricated invoice for two used smokers was allegedly increased by 30%.

>> Video Below: Oklahoma Tourism Dept. director resigns amid investigation into Swadley’s Foggy Bottom Kitchen

Curtis Ray Breuklander and Timothy Raymond Hooper were also indicted in the case.

In the motion, Swadley’s attorneys also requested a gag order be ordered for the case, prohibiting Drummond and his staff from making public comments on the case.


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