“The spirit of the agreement was that there would be no consequences to Mike Foley other than what the court imposed,” said attorney Jon Paul Rion. “I think there were representations that were made that at least create a concern as to whether or not it can be limited in that fashion.”
The motion, if approved, could mean the case will go to trial.
This week’s court activity follows a years-long state investigation and lengthy court activity. Here’s what you should know:
- The Montgomery County Clerk of Courts office was raided by state investigators from the Ohio Auditor of State in 2022 after that state office received a complaint surrounding the solicitation of campaign contributions from employees and other political activity by Foley. He, as well as ex-Montgomery County Municipal Court Judge James Piergies, were indicted on several charges in July 2024. Both entered not guilty pleas.
- The state’s investigation into Foley relates to claims his campaign manager and former employee used county resources and time to work on his campaign. Some employees also told state investigators that they felt pressured to donate to Foley’s campaign and to put yard signs in their yards.
- It’s also alleged that Foley tried to arrange a meeting between Montgomery County Treasurer John McManus and an investment firm, allegedly telling McManus that he “would get him $50,000 a year in campaign contributions and he’d never have to fundraise again if McManus invested County funds with them,” according to state records.
- After Foley’s indictment, both Democrat and Republican leaders called on the Clerk of Courts to step down from his office. Foley rejected these requests and has maintained his innocence since his indictment. A three-judge panel chosen by the Ohio Supreme Court ruled that Foley could keep his seat post-indictment, and Foley won his reelection bid last November. Foley outraised and outspent every other candidate in a county race, with more than $100,000 in reported expenses.
- Attorneys representing Foley and Piergies have argued that misleading information led to search warrants being executed at the courthouse in 2022, feeling an interview with a former Clerk’s Office employee was misrepresented in the state’s affidavit.
- Piergies changed his plea to guilty this May as a part of a plea deal, where he accepted misdemeanor charges of obstructing official business. Piergies’ original charges, state investigators have said, centered on his son’s employment. His child told Dayton Daily News last year that Piergies arranged for municipal court money to fund the son’s IT position at the Montgomery County Clerk of Courts Office.
- The no contest plea by Foley meant he does not admit to or deny allegations against him. His attorneys on Monday said that if his employment were impacted by the plea deal, that would be basis to withdraw the plea.
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