Honolulu Acting Prosecuting Attorney Dwight Nadamoto is expected to appear before a federal grand jury today after being subpoenaed by the FBI earlier this week.
At a press conference Wednesday, Nadamoto confirmed that he received a subpoena this week.
“We are going to comply with it,” he said.
But Nadamoto — who took the post after Prosecutor Keith Kaneshiro went on voluntary leave earlier this year — declined to provide any details. The subpoena bars him from speaking publicly about the matter and he chose to confirm receipt of the subpoena publicly only because his office had received calls from the media about the issue, he said.
Private attorney Megan Kau, a one-time deputy prosecutor who is a candidate in the 2020 prosecutor’s race, said she believes Nadamoto is getting called to testify because of controversial comments he made before the Honolulu City Council last month.
Nadamoto announced at the news conference that he too is considering a run for the seat.
Meanwhile, former U.S. Attorney Steve Alm, who is also a former state judge, is expected this morning to announce his plans to run for the prosecutor’s seat. Alm would be the most recognizable candidate in a growing field.
Kaneshiro went on paid leave from his $170,712 job in March after state Attorney General Clare Connors and Honolulu Police Chief Susan Ballard called for him to step down after he was notified that he was a target of a federal investigation into government corruption.
Basis of subpoena
The query is believed to stem from the broader investigation by federal prosecutors that led to the convictions of former Honolulu Police Chief Louis Kealoha and his wife, former Deputy Prosecutor Katherine Kealoha.
Nadamoto said he’s confident he is not a target in an investigation and pointed out that this is the first time he’s been asked to appear when dozens of others have been been called in connection with the Kealoha case since it began more than two years ago.
“I suspect it’s because the federal government knows I have done nothing wrong, and that I could not assist them or provide any insights to them,” he said. “However, as prosecuting attorney, they have asked for my help. I am glad to help them. I’m more than happy to answer any questions they have. There is nothing more important to me and the people of this office than that we be honest and hard-working and transparent.”
He initially did not want to disclose receipt of the subpoenas, Nadamoto said.
“The subpoena specifically requested that I not mention it to anyone as it may jeopardize the investigation, so I was not going to,” he said. “But as the media already knew about it, we wanted to be fully transparent, so we acknowledged it.”
The Prosecutor’s Office declined to provide reporters with a copy of the subpoena.
Nadamoto said he does not know why, or for what case, he is being asked to testify, and he refused to say when he is scheduled to appear.
“I’m sure we all know where I’m going, and I don’t want to say anything more.”
Other wrongdoing
The Kealoha-Kaneshiro matter is one of two federal investigations into Honolulu elected officials. The other involves possible wrongdoing at the Honolulu Authority for Rapid Transportation.
Nadamoto said he was planning to stay on as acting prosecuting attorney.
In response to a reporter’s question about whether he intends to run for the seat in 2020, Nadamoto returned to the podium.
“That’s a good question. It’s something I’m going to have to give a lot of thought to,” he said. “But if I feel I can do a good job, that I can help the people of Honolulu and help the office move forward, I will definitely consider it.”
William McCorriston, Kaneshiro’s attorney, told Hawaii News Now in September that his client does not intend to run for the position next year.
Kau, a one-time deputy prosecuting attorney who is being endorsed by former Prosecutor Peter Carlisle, said she expects Nadamoto to run and that at least one labor union is already endorsing him. He also tried to recruit a member of her campaign staff, she said.
As for Nadamoto’s appearance in court, Kau pointed out that Nadamoto incorrectly told City Council members during meetings in October that a man who is believed to have had his traffic ticket fixed by Katherine Kealoha was a cooperating witness for prosecutors in a case.
Council members grilled Nadamoto and voiced surprise that, under his leadership, the Prosecutor’s Office has not conducted an internal investigation about the allegations that Kealoha abused her authority as a deputy prosecutor.
Misinformation
Kau said that she, like Councilman Ron Menor, believes Nadamoto either lied or was given incorrect information. Kau said she knows this because she knows one of the witnesses tied to the ticket-fixing issue and because she has met several times with a federal agent.
Nadamoto will either have to stand by his statement and risk prosecution if he lied to a federal grand jury, or state that he made a mistake and gave an incorrect statement, she said. “I don’t think he’s been truthful with the community,” she said.
Several other 2020 candidates for prosecutor said the shadow over the office means there needs to be significant changes.
R.J. Brown, a former deputy prosecutor, said, “There are a lot of issues with that office, and it’s time to move on.”
Jacquelyn Esser, a deputy public defender, called for an independent audit of the agency “to root out all the corruption that has plagued the office for years.”
A spokesman for Alm’s campaign said he will address Nadamoto’s subpoena during a press conference today.
Star-Advertiser staff writer William Cole contributed to this report.
