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Cole County Circuit Judge Jon Beetem in a ruling Monday concluded the attorney general’s office retained records the Democratic Senatorial Campaign Committee sought in two Sunshine requests under Hawley, but that the office didn’t turn them over, “in violation of the Sunshine Law.”

Hawley, a Republican, ran for U.S. Senate in 2018 and ultimately defeated incumbent U.S. Sen. Claire McCaskill, a Democrat.

Beetem fined the attorney general’s office $12,000 and also ordered the agency to pay attorney’s fees and costs.

The DSCC took issue with the state’s handling of requests filed in September 2017 and March 2018. Its lawsuit was filed in 2019.

In September 2017, the DSCC asked for records of correspondence with the OnMessage Inc. political consulting firm. At the time, the then-records custodian, Daniel Hartman, “had correspondence on his personal email account between AGO employees and individuals from OnMessage Inc. concerning public business,” according to the ruling.

Beetem said Hartman possessed the records and knew “his responsibilities” as custodian of record, but responded to the Democrats in October 2017 that the office “retained no” responsive documents.

Beetem also said the office retained documents responsive to the Democrats’ second request in March 2018. Hartman asked a state worker to locate responsive records, and the staff member found 42 records, the majority of which “were responsive” to the DSCC request.

But, “the AGO failed ... to produce the responsive documents it located in March 2018,” Beetem said.

Beetem said between the attorney general’s office and OnMessage Inc.; the outlet reported in October 2018 that political consultants helped to lead Hawley’s office.

“By failing to produce the requested records, Mr. Hartman and the AGO prevented an opposing party committee from accessing documents potentially damaging to then-Attorney General Hawley’s political campaign,” Beetem wrote.

“What is more, Mr. Hartman — the individual at the center of the AGO’s failure to turn over these records — is included on much of the correspondence in question, was involved with the Hawley campaign as early as January 2017, and ultimately became Senator Hawley’s state director,” Beetem wrote.

“The decision to withhold documents ... was made by public officials who had personal and professional stakes in the documents not being released,” Beetem said. “The requested documents showed — at a minimum — a questionable use of government resources.”

Beetem fined the attorney general’s office $2,000 for two knowing violations of the Sunshine Law, as well as $10,000 for two purposeful violations of the Sunshine Law.

The law allows a maximum $1,000 fine for knowing violations and a maximum $5,000 fine for purposeful violations.

The attorney general’s office is tasked with enforcing Missouri’s open records law.

“The court acknowledges that this is the maximum penalty that may be imposed for a knowing and purposeful violation of the Sunshine law and finds it to be appropriate given the position of the offending parties (the office of the attorney general and its custodian of records) and its role in both educating about and enforcing the Sunshine law,” Beetem said.

Mark Pedroli, an attorney who represented the DSCC along with the Elias Law Group, called Monday’s ruling an “enormous victory.”

“Attorney General Hawley’s office illegally concealed public documents immediately prior to a U.S. Senate election against Senator Claire McCaskill for the sole purpose of preventing damage to Hawley’s campaign and affecting the outcome of the election,” he said on Twitter.

The office of Attorney General Eric Schmitt, Hawley’s successor, earlier this year. Schmitt, a Republican, won his U.S. Senate race last Tuesday.

“We’re reviewing the decision, but won’t comment any further,” said Chris Nuelle, spokesman for the attorney general’s office.

“The guy who was supposed to enforce the law, broke the law for his political ambition,” McCaskill said in a text message to the Post-Dispatch on Tuesday. “He abused his office to win a campaign. It’s disgusting and sad. 

“This is the new normal for Republicans in the Attorney General’s office,” she said. “Politicize the office for political gain, and kick respect for the law to the curb.”

Kyle Plotkin, spokesman for Hawley, didn’t directly respond to a question about the Sunshine Law violations, but said allegations Hawley misused state resources for political gain “have been investigated multiple times, and no wrongdoing has been found, including by a Democrat State Auditor,” Plotkin said.

Democratic Auditor Nicole Galloway in 2020 released an audit that was inconclusive as to whether Hawley broke any laws. At the time, Hawley’s attorney claimed the report exonerated the senator.