Ohio's HB 6 utility scandal gets true-crime treatment in HBO film

One of the largest utility scandals in U.S. history has remained largely unknown outside Ohio — until now.
Last week, HBO released a documentary that covers the long, sordid saga, which led to the federal criminal convictions of a former speaker of the Ohio House of Representatives and a former head of the Ohio Republican Party.
'The Dark Money Game: Ohio Confidential' follows the story of how utility companies used roughly $60 million in bribes to public officials to secure more than $1.5 billion in ratepayer subsidies for aging, uneconomical coal and nuclear plants.
Canary Media contributing reporter Kathiann Kowalski has spent more than a decade covering the House Bill 6 saga and Ohio utilities' other efforts to get ratepayer-funded bailouts. Dan Haugen, a senior editor at Canary Media, recently spoke with Kowalski about her reactions to the new film.
The following transcript has been edited slightly for length and clarity.
Haugen: So, you watched this new HBO documentary "Ohio Confidential" the other day. What about it is still on your mind today?
Kowalski: I was struck by the focus they used of how dark money and gerrymandering undermined voters' will in the wake of a 2010 Supreme Court case that opened the door for unlimited corporate spending on political campaigns, subject to few conditions.
Haugen: Was there any factual information that wasn't previously reported by you or others?
Kowalski: A lot of it was very familiar, given the fact that I had read through most of the exhibits, read Neil Clark's book, gone to part of the trial, and been following this for years. There was an interesting scene where they were able to get footage of the FBI observing a private detective that former Ohio GOP Chair Matt Borges and company had apparently retained to follow Tyler Fehrman, who was a witness in the federal criminal case.
Haugen: Did the film change your understanding of the HB 6 story in any way?
Kowalski: They did a decent job connecting some dots. I had not thought through how former Ohio House Speaker Larry Householder's actions also enabled a far-right coalition in the Legislature to push through an anti-abortion law in 2019. It gave me a broader perspective on the anti-democracy angle of the public corruption, but my understanding of the basic story did not change.
Haugen: Where did the abortion legislation appear on the timeline?
Kowalski: The way that the filmmaker presents it is that once Householder helped these people get the anti-abortion legislation passed, he then had people who felt they owed him something. I looked at the timing, and Gov. Mike DeWine signed the anti-abortion legislation the day before House Bill 6 was introduced.
Haugen: One of the biggest unknowns still today is what, if any, role the governor's office had in all this. You and others have reported on a December 2018 dinner with FirstEnergy executives, DeWine, and Jon Husted, just weeks before the latter two took office as governor and lieutenant governor. Neither has been charged nor accused of any wrongdoing. Does the film shed any new light on their connections?
Kowalski: The filmmakers include an allegation of $5 million going from FirstEnergy to help elect DeWine. And they note a disclaimer from DeWine's office that it was all within the confines of what was allowed under the law. That's basically about all they did. It was not a deep dive into the governor's actions or Husted, who was recently appointed to fill Vice President JD Vance's U.S. Senate seat. I think maybe they wanted to keep their story tightly focused on the Legislature and what has been proven in the first federal criminal case. That also avoids having to include more disclaimers about how nothing's been proven against others, everybody denies wrongdoing, etc., etc.
Haugen: Did anything in this film make you smile or laugh?
Kowalski: A couple things. First, it starts off with actor Michael Imperioli reading an excerpt from lobbyist Neil Clark's tell-all book, which was published after Clark, who had been criminally charged for his role in the HB 6 scandal, died by suicide in 2021. The fact that Imperioli is famous for roles in Goodfellas and The Sopranos just struck me as a wonderful bit of filmmaking irony. There were also some scenes about whistleblower Tyler Fehrman meeting with the FBI or Matt Borges. The locations included Graeter's Ice Cream and a Starbucks, and so the film has scenes of people working in those places. It made me think, well, gee, if you had included Dewine and Husted's dinner with the FirstEnergy executives, you could have shown the inside of the Athletic Club of Columbus or its menu or storefront or something.
Haugen: So is this something you would recommend that your readers watch?
Kowalski: Yes. It's compelling storytelling. It does a good job of explaining things in plain terms. There's a limited cast of characters, and you can follow the story. If House Bill 6 is new to you, it's definitely worth watching. And it's certainly important now as we're looking at not only the continued use of dark money in politics through either nonprofits or limited liability corporations, but also, with technology, likely more ways to cover up potential bribes. So, yes, people should be aware of this.
The Dark Money Game: Ohio Confidential is streaming now on MAX. For occasional HB 6 updates from Kathiann Kowalski, subscribe to our Ohio Utility Watch newsletter.

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