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FBI anti-corruption squad was circling Susan Collins — until Trump got in the way

In the final weeks of 2019, a top fundraiser for Sen. Susan Collins walked into a perilous meeting at a Corner Bakery in Washington, D.C.

For the first time in her two-decade Senate career, the Republican lawmaker from Maine was in danger of losing her seat. President Donald Trump’s dismal approval ratings were dragging her down in the polls, and she was falling behind her likely 2020 Democratic challenger in fundraising.

Scott Reed, head of the Collins super PAC, was on a mission to close that gap. Reed was meeting that day with three executives from a Hawaiian defense contractor, Navatek. A year earlier, Collins had helped their company land a multimillion-dollar Navy research contract in Maine. Now, seated at a coffee shop not far from the U.S. Capitol, Reed asked them for a $500,000 donation.

Government contractors are banned from making political contributions. More consequentially, for the company to offer donations to Collins in exchange for an official action, or for Collins to accept, would constitute criminal bribery.

But the company did have such a proposal: Navatek was hungry for more government contracts in Maine. If they cut a big check, the CEO told Reed, Navatek wanted Collins to guarantee tens of millions of dollars in additional federal funding.

To skirt campaign finance laws and conceal the source of the funds, Navatek planned to funnel the donation through a shell company. The CEO wanted assurance that Collins would know where the money came from. Reed confirmed that she would, the executive said — and that Navatek would get its government contracts.

After the Corner Bakery meeting, Navatek’s CEO, Martin Kao, sent an initial $150,000 to the Collins super PAC using the shell company. Two months later, he told Navatek executives that Collins committed to getting the company $32 million in naval contracts, according to an internal company email reviewed by ProPublica.

Three years later, Kao holed up in a conference room to recount the Corner Bakery meeting to a group of four FBI agents and federal prosecutors. The FBI had seen through his shell company ruse, and in 2022 a grand jury indicted him for making illegal campaign contributions. No one working for Collins was charged.

Facing years in prison, Kao hoped to do less time by revealing the entire scheme.

What he told them has never before become public. The Corner Bakery meeting, he asserted, was just one episode in a sprawling pay-to-play operation that embroiled some of the most powerful figures in Congress.

Over three days at the U.S. attorney’s office in Honolulu, Kao laid out in devastating detail how his operation worked. He gave agents a 50-page document naming dozens of lobbyists, congressional staffers and members of Congress who he said helped him trade cash for contracts. Kao and his close associates had donated nearly $900,000 to dozens of politicians, allowing Navatek to establish operations in half a dozen states with over $40 million a year in government funding.

Most damningly, Kao told FBI agents and prosecutors, the company’s work for the government was of no real value. Navatek’s research under his stewardship never resulted in products the military wanted to buy, ProPublica found.

Kao’s tell-all interviews with the FBI lasted into late 2024. His confessions opened up an entirely new phase of the investigation. Agents sifted through hundreds of thousands of records seized during Kao’s arrest and found that many were consistent with his account of widespread influence peddling.

Kao had credibility issues. He was now a felon trying to avoid a lengthy prison sentence. And there were other challenges. Building a corruption case against elected officials requires extraordinary proof of a quid pro quo arrangement, in part because the Supreme Court has narrowed what counts as bribery.

Even so, by the end of 2024, the agents had enough evidence to pursue a sweeping bribery probe that could ensnare top lawmakers of both political parties. They asked their supervisors to approve a new investigation and contemplated using undercover operatives to gather more evidence. Although their effort was in its early stages, and it was unclear where it would lead, FBI agents asked Kao extensive questions about his dealings with Collins and her office.

Then Trump returned to the White House. Consumed by a campaign of vengeance, he stacked the Department of Justice with his personal lawyers and demanded a purge of anyone who had ever investigated him.

The specialized FBI and DOJ teams handling public corruption investigations, some of which were involved in Trump-related cases, were eviscerated. One of the agents who had taken Kao’s confession was pushed out as retribution for her role in investigating Trump’s attempt to overturn the 2020 election. Dozens of agents and prosecutors quit amid the department’s destruction, including the career attorney assigned to Kao’s case.

Trump’s Justice Department no longer takes on public corruption in any meaningful fashion, former officials said. The investigation sparked by Kao’s revelations is dead. And the government is no longer talking to an informant who had offered a road map to corruption in Congress.

The White House referred ProPublica to the FBI.

FBI spokesperson Ben Williamson said the agency had investigated claims against Collins years ago “and ultimately found nothing implicating Senator Collins or Senator Collins’ campaign. Any suggestion otherwise is totally false.” Williamson said the Trump administration has removed agents only “if they have been found to have acted unethically, undermined the mission, or engaged in weaponization of law enforcement.”

Williamson did not respond to questions about the new investigation launched in 2024 based on Kao’s previously unreported cooperation with the FBI.

ProPublica is revealing the existence of the case for the first time. We reviewed a trove of evidence gathered by the FBI and thousands of pages of legal records, and interviewed dozens of people familiar with Navatek, its Washington operations, and the FBI inquiry to conduct our own investigation. We independently corroborated much of Kao’s account. Whether or not Kao’s dealings with politicians amount to criminal bribery, the Trump Justice Department has little interest in finding out, and his sheer success reveals how easily influence is purchased in Washington today. This is the first in a series of stories drawn from our reporting.

Of all the politicians Navatek courted under Kao’s leadership, Collins was its most important patron. The senator’s office steered government contracts worth millions toward the company while her campaign was pumping Kao and his network for donations, according to emails seen by ProPublica. Sometimes they cut checks within 24 hours of the annual defense spending bill, which funds military contracts, clearing a key Senate hurdle.

Collins’ office did not specifically address questions about the Corner Bakery meeting, the senator’s relationship with Kao and the millions she helped appropriate for Navatek.

Annie Clark, Collins’ deputy chief of staff, told ProPublica in an email that Collins’ office “vigorously” denies allegations of bribery and pay-for-play made by Kao, calling his claims “outlandish.” Collins’ campaign was not part of the discussions between Kao and the super PAC, and her office “fully cooperated” with the FBI investigation, Clark said.

“The fact that the FBI and Biden-led Department of Justice thoroughly examined the Navatek matter demonstrates this,” Clark wrote. “These issues were resolved in 2021 and concluded when the Collins campaign disgorged the illegal contributions that Martin Kao had made without our knowledge.”

Collins is once again fighting to keep her seat, in a race that could determine control of the Senate. On the campaign trail, she spotlights the funding she directs to Maine while leading the appropriations committee, which she calls “the most powerful committee in the Senate.”

She demonstrated that power with Navatek. After the budgets became law, Collins’ office pushed the Navy to award specific contracts to Navatek, emails seen by ProPublica show, even though awards are supposed to be competitive.

“I spoke with Sen. Collins office regarding the $8M,” a naval official wrote in an email on Feb. 6, 2019. “The interested company is Navatek.”

In a meeting with Collins and two campaign officials, Kao said, the officials told him the senator expected his ongoing support. Collins told him: “You’ve seen me deliver,” Kao said.

Reed knew Kao was behind the $150,000 anonymous donation, emails showed, because Kao told Reed he planned to donate through a shell company. “Very smart,” Reed replied in an email viewed by ProPublica.

Reed did not respond to detailed questions about the Corner Bakery meeting, the $150,000 donation and Kao’s allegations. “I understand Martin Kao is now sitting in federal prison,” Reed wrote in a brief email. “I never had any communications with Senator Collins [or] her staff about Martin Kao and/or Navatek.”

But an email seen by ProPublica suggests that someone must have relayed the news of Kao’s donation to Collins, just like Reed promised to do in Kao’s recounting of the Corner Bakery meeting.

Seven days after the super PAC cashed the check from Kao’s shell company, one of Reed’s subordinates emailed a Navatek lobbyist asking for Kao’s phone number: “Senator Collins would like to call Martin to thank him.”

The Navatek Method

Before Kao’s doomed reign as CEO, Navatek was a sleepy Hawaiian engineering company with a few dozen employees. It was founded in 1978 by Steven Loui, a talented engineer and scion of a powerful Hawaiian shipping family. Navatek was not a profit center but a vehicle for Loui’s passion projects, like an experimental catamaran for navigating Hawaii’s choppy waters.

The company benefited from the largesse of the legendary Hawaii Sen. Daniel Inouye, multiple former Navatek executives and employees said, whose family had been close to the Loui family for generations. Inouye was a master of earmarks, a practice that allowed lawmakers to insert funding for specific companies by name in the federal budget. The self-styled “King of Pork” steered hundreds of millions in federal dollars to Hawaii. Former Navatek employees say he was affectionately referred to as “Uncle Dan.” “Before Inouye took an interest, Congress didn’t even know our companies existed,” a longtime Loui lieutenant wrote in a 1998 op-ed.

In response to ProPublica questions, Loui said that money appropriated by Inouye made up “a minority” of Navatek’s revenue.

Inouye’s death in 2012 made the company’s future uncertain. Not only was Navatek’s direct line to Capitol Hill gone, but Congress was doing away with the abuse-riddled earmark process. Now companies would nominally have to compete on the merits for government contracts.

Kao joined Navatek in 2008 as its chief financial officer. Loui charged him with replacing Navatek’s rainmaker and eventually named Kao CEO. He sold Kao the company in return for a share of the profits.

Kao was an unusual figure among the company’s low-key naval engineers and boat aficionados. He seemed to be aping a Wall Street tycoon, telling employees they could either be “a beast or a bitch,” a former executive said. He drove to work in a Ferrari and abruptly fired subordinates who displeased him — one time, in the middle of the night. “He had very little interest in the technology,” one former employee recalled. “Martin was only interested in dollar signs.”

Kao also exaggerated and lied. He told different people he had stepbrothers whose parents died in a fishing accident or an avalanche, a former employee recalled. He lied to Loui about having law degrees from both the University of California, Los Angeles and New York University. He once told a lobbyist who raised quarter horses that he owned a herd of polo ponies, just to one-up him.

Despite his erratic behavior, former employees agree Kao hit upon an effective way to replace the lost earmarks. If the company could not rely on a benefactor like Inouye, it would develop a stable of them.

Navatek targeted the powerful members who sat on the House and Senate appropriations committees. These members could no longer earmark money for specific military contractors. But they retained the power to budget millions of dollars for equipment or bespoke research and development. Because Pentagon budgets run thousands of pages and are largely prepared in secret, it is easy for appropriators to add a line item intended for a contractor like Navatek without leaving any fingerprints.

Soon, Kao had refined a playbook. Navatek would concoct a research project in partnership with a university in a member’s district or home state, and Kao would make a large initial campaign donation. Working with a team of pricey, well-connected lobbyists, Navatek would get meetings on Capitol Hill to pitch the research to congressional staff. Navatek kept spreadsheets, reviewed by ProPublica, that listed members of Congress as the “specialty” of certain lobbyists.

Separately, Kao later told the FBI, there would be a meeting of just the key players. One engineer, who traveled with Kao to D.C. to explain the technical side of a project, recalled being sent out of the room once the subject of money came up. Sometimes in these smaller meetings, members of Congress directly asked Kao for donations, he told the FBI. In other cases, he said, Navatek’s lobbyists would relay a request from an intermediary for a specific dollar amount.

Kao told the FBI that the lawmakers, lobbyists and Navatek brass understood these donations were bribes and that the payments were essential to the entire scheme. Kao believed he was buying Navatek’s way into the annual defense budget, not winning over members with innovative engineering proposals.

“I’m not red or blue, I’m green,” he would tell congressional staffers, a former Navatek employee recalled.

While a deal was being struck, Navatek and congressional staffers worked closely on the legislative process. Every year, Congress prefaces the defense budget with massive reports describing the purpose of inscrutable line items. Staffers would include a project description so specific that Navatek would be the only logical pick.

Often, Navatek composed language that ended up, word for word, in Senate funding requests, former employees said. In 2019, for example, Navatek’s priorities were tucked into page 185 of the 307-page report released by the Senate Appropriations Committee. The committee set aside $21.5 million for “hybrid composite structures research for enhanced mobility,” “electric propulsion for military craft and advanced planing hulls” and a “test bed for autonomous ship systems.” Although Navatek’s name does not appear on the page, these were all projects the company requested, according to internal documents and interviews with former employees.

Once the budget passed, lawmakers’ staff leaned on Navy officials to award Navatek the money. Former contracting officers told ProPublica they felt pressure to go along because money from those contracts funded their office — and because members of Congress had confronted dissenting naval officials in the past. “There’s only so many battles you can fight,” one said. So Congress sometimes got its way even when Navatek’s projects made little sense.

Inside Navatek, employees referred to this strategy as “the method.” And it enabled the company to string together tens of millions of dollars in contracts. The result was the same as getting earmarks: a reliable, growing revenue stream bankrolled by U.S. taxpayers.

“It was a simple enough play. Let’s find the small states that have complementary universities … [and] let’s get access to their senators,” Eric Schiff, a former Navatek executive, told ProPublica. “I’ve met Susan Collins. You can get access to Susan Collins. Once we got the first things working with Maine, then we said, ‘Well, let’s keep reaching.’ And so we did.”

In a statement to ProPublica, Navatek founder Loui said Kao’s “unethical and illegal method of winning contracts” was a departure from how he operated the company prior to Kao’s ownership.

Kao boosted Navatek’s annual revenue from $10 million around the time Loui sold him the company to almost $40 million when he was arrested in 2020. In the second half of 2019 alone, Navatek paid a roster of five lobbying shops more than $500,000.

Even Navatek’s executives were surprised at how far their money went in D.C. “It was eye-opening for me, frankly. ‘Oh my God, all of it is for sale. It’s all for sale,’” Schiff said.

The key players in Kao’s pay-to-play deals went to great lengths to meet in person and leave no trace of an actual quid pro quo, he told agents. “That is why I literally had to fly to D.C. almost every week,” Kao later told the FBI. “Sometimes for a 15-minute meeting.”

But the FBI compiled emails, which ProPublica reviewed, that were suggestive of illegal bargains. Navatek executives and lobbyists spoke openly as if they were buying lawmakers’ assistance. In one back-and-forth, a lobbyist and a company executive described another senator as “fundamentally transactional” and having “a reputation as a pay-to-play office.”

In another message, Andy Winer, who former executives said was Navatek’s chief strategist, reminded Kao to budget money for political contributions based on how much the company wanted in congressional funding the following year.

“Oh my God, all of it is for sale. It’s all for sale.”
Eric Schiff, former Navatek executive

Winer was his guide to the political underbelly, Kao said. A consummate insider, Winer had parlayed six years as chief of staff to Democratic Sen. Brian Schatz of Hawaii into a lucrative lobbying career with a firm called Strategies 360. One of Winer’s former colleagues compared him to the slick lobbyist on the Netflix show “House of Cards” who toggles between the political and corporate worlds.

In another email exchange scrutinized by the FBI, Kao asked Winer about making a $5,600 donation to nudge along a senator who seemed keen to work with Navatek: “Would that ‘help?’”

Winer, who had already donated himself, replied, “With my contribution, I think it sends the right message.” He suggested Kao split up his donation to be “less conspicuous.”

The method didn’t always work. Once, Kao complained that a senator had reneged on a deal and he ought to get his donations back.

“You should not feel aggrieved nor should you ever put that in writing,” Todd Webster, another lobbyist Navatek hired, replied. Webster did not respond to detailed questions.

Winer said he stopped working with Navatek following Kao’s arrest. “The political contributions I discussed with Kao were understood by me to be lawful political contributions. I never participated in, witnessed, or had knowledge of any illegal political contribution, bribe, or agreement to exchange a political contribution for an appropriation, contract, or other official action,” Winer said in an email to ProPublica. “I never advised Kao to make a contribution in exchange for official action.”

Strategies 360 has new ownership that did not oversee Winer while he represented Navatek, its CEO, John Oceguera, said.

Navatek employees began to notice members of Congress visiting their East Coast offices. “You would be like, ‘Oh, there’s this senator walking around,’ and we would get a picture with them,” one engineer recalled.

While some projects involved potentially meaningful research, Navatek’s bread and butter was R&D that went nowhere. As a slideshow prepared by an executive explained, “We thrive in the valley of death,” the term for the bureaucratic gap where research languishes without being developed into a product. The slideshow noted that none of the technology had ever actually been deployed.

The Office of Naval Research did not respond to a request for comment.

In Maine, Navatek was studying ways to modify small boats to reduce the “slamming” impact felt by passengers at high speeds. With the help of the University of Maine’s giant 3D printer, Navatek made a prototype and unveiled it at a press conference where a Guinness World Records representative declared it the world’s largest 3D-printed boat. But Navatek executives knew the Navy had no plans to use the new design, former employees said.

“[The work] got rolled into a few PowerPoint slides and a white paper, and that was the deliverable,” recalled one who worked on the project. “The boats weren’t delivered to the Navy — the Navy didn’t even want them.”

Kao to Collins: “Here to Help”

The first time Kao came face-to-face with Collins, in 2018, he told the FBI, he had to pay for the privilege.

Collins would not meet unless he agreed to donate to her campaign, he said. While it is not illegal for politicians to exchange face time for contributions — in this case, just a few thousand dollars — it was not the last time Collins would seek Kao’s support.

Navatek had been eager to expand beyond Hawaii, and Maine was a perfect beachhead — a small, coastal state hungry for high-tech jobs that happened to be represented by a senior member of the Senate Appropriations Committee. Collins, more than most appropriators, likes to trumpet the dollars she brings home.

To work with Collins, Navatek hired a lobbyist, Glen Mandigo, who also lobbied for the University of Maine and was tight with her office. Mandigo asked how much Navatek wanted in funding and how much Kao was willing to support Collins, Kao told the FBI. The University of Maine did not reply to a request for comment.

In that first meeting with Collins and her staff, Kao pitched an $8 million boat hull research project for Navatek and the university. Collins seemed supportive. Not long after, Mandigo called Kao and said Collins wanted him to bundle tens of thousands of dollars for her reelection, suggesting Navatek throw a fundraiser, Kao said.

In an email to ProPublica, Mandigo denied taking part in a pay-to-play arrangement.

“I did not advise Navatek officials, nor would I advise any client, that support from Sen. Collins was contingent on campaign donations,” Mandigo wrote. He said that in his 25 years of working with Collins and the Maine delegation, “I never saw or heard of such behavior from the Senator or her staff.” Clark, Collins’ deputy chief of staff, told ProPublica it was “wholly inaccurate” to say Mandigo was close to their office.

FBI agents had collected voluminous corporate records and email correspondence between Navatek and Collins’ inner circle. Much of that evidence aligned with the story they were now getting directly from Kao.

The FBI had spotted his out-of-the-blue donations in the summer of 2018, just before Collins included $8 million for Navatek’s proposal in the defense budget. Emails showed her staff made it clear to the Navy that it should send the money to Navatek. FBI agents also had evidence of Kao and Mandigo planning a fundraiser starting in April 2019. Their emails — with her scheduler and her campaign’s finance director — freely mixed talk of Navatek’s Collins-backed contract with plans to raise money for her.

The principals settled on hosting Collins for a publicity event at Navatek’s Maine headquarters in August 2019, where she posed for pictures with Kao and a model of the company’s experimental boat. Behind the scenes, the FBI saw in emails and company records, Kao orchestrated over $40,000 in donations from extended family in advance of the event. To avoid the legal cap on individual campaign contributions, the emails show, he told Collins’ team to reallocate his excess contributions to his father which an agent highlighted and noted is against election law in a presentation to prosecutors and sent them his father’s full name and address.

“This is perfect,” Amy Abbott, the reelection campaign finance director, emailed Kao after discussing his father’s contribution. “We are so grateful for ALL the Kao support!”

Before the event, Kao said, Collins, Abbott and another staffer met with him in private. One of the staffers told Kao the campaign expected more donations. It was in this meeting that Collins said, “You’ve seen me deliver,” he told the FBI.

Less than one month after the event, the Senate released a draft of the defense budget containing $21.5 million for Navatek’s pet projects in Maine. Kao emailed a Collins campaign fundraiser — who would in theory have nothing to do with a government contract — four days later, saying, “Thanks again for all the support from Sen Collins.”

“I’ve been involved in many tight races in the past and understand last minute ‘needs’ come up,” he continued. “We are here to help anyway we can … financially or whatever.”

Kao’s desire to donate even more money led to the fateful Corner Bakery meeting with the head of the Collins super PAC, called the 1820 PAC, Kao told the FBI. Unlike Collins’ campaign, which could accept only $5,600 per election from individuals, the super PAC could accept unlimited contributions.

The super PAC emailed Kao a memo before the meeting stressing the need to raise money with “urgency.” At the meeting, Kao and Reed, the super PAC’s chair, hammered out a deal for a six-figure donation, Kao told the FBI. Over email, Kao informed Reed of his shell company scheme, saying he had cleared it with his lawyer. “They are super vague and very difficult to get any background info on,” Kao reassured him. “Thanks for doing this,” Reed replied.

The FBI spoke to the other Navatek executives at Corner Bakery, who confirmed the meeting took place. One, David Kring, the company’s top scientist, told ProPublica he had no memory of what was discussed.

The other, Duke Hartman, told an FBI agent it was just “a get to know you meeting” with the chair of the super PAC and they did not discuss the “particulars of a donation.” Agents, records show, came to believe Hartman was lying about his role in Kao’s pay-to-play operation and would name him as a formal subject of a future investigation. Hartman was not charged. He did not respond to a detailed request for comment.

A few weeks after the $150,000 check to the Collins super PAC cleared, in February 2020, Kao and his team met with Collins’ office and secured a new round of funding.

“We were very warmly received,” Kao reported to his colleagues in an email obtained by the FBI. “Excellent meeting. Total of $32M will be supported.” Records show the Senate allocated at least $10 million that year based on Navatek’s proposals.

Navatek’s ambitions peaked in mid-2020. As the company waited to see if Collins would survive her reelection campaign, executives prepared to ask their champion on the appropriations committee for even more funding the following spring, internal documents show.

Other documents from that time show the company was courting senators from seven additional states and gunning for more than $200 million in new appropriations. Navatek expected to have offices in more than a dozen states by the end of the following year, including a new 15,000-square-foot facility in the Portland, Maine, harbor.

Kao, meanwhile, closed on a $4.5 million beachside home in an exclusive Honolulu neighborhood; the backyard pool had a waterfall feature. He renamed the company Martin Defense Group after himself, joking that it would simplify his future takeover of Lockheed Martin.

“It was working well, and it would have continued to work well,” said Schiff, the former executive. “Martin got greedy. Just got damn greedy.”

Downfall, Cover-up

In early 2020, the Campaign Legal Center, a nonprofit good government group, noticed something strange in the public filings for the Collins super PAC. The PAC had received a $150,000 donation from a newly created LLC with a typo in its name: the Society of Young Women Scientist and Engineers, with no S at the end of “Scientist.”

This was the $150,000 Kao donated after the Corner Bakery meeting. The money had come from Navatek’s account, not Kao’s, violating a ban on government contractors making donations.

The center suspected the society was not a real group but a pass-through to hide the identity of a major political donor. It filed a complaint with the Federal Election Commission. It took only a few days for a Hawaii journalist to discover Kao’s wife’s name on the society’s paperwork, linking the shell company to Navatek.

Inside Navatek, Kao shifted into damage control mode. He spoke to Reed and the super PAC’s lawyer, Cleta Mitchell, and began to hatch a cover-up. In an email released in civil litigation, Mitchell suggested the society make charitable donations — preferably in Maine — which would make it seem like a legitimate nonprofit. “I want to be sure that the LLC proceeds with the ideas we discussed — giving scholarships and recognition to women in engineering, etc.,” wrote Mitchell. “That would help both of us, I think.”

Mitchell added, “We should develop a plan and timetable, so there are some scholarships given over the next several months, and particularly, perhaps in Maine, where the bad press was.”

Mitchell, who later played a major role in Trump’s attempts to overturn the results of the 2020 election, did not respond to requests for comment.

Kao and his team settled on donating scholarships to women in STEM. They offered between $5,000 and $25,000 apiece to state universities where they were angling to win government contracts — that way, the cover-up would benefit them politically, too.

But Navatek’s and Kao’s problems were just beginning. Undeterred by scrutiny from the FEC, Kao defrauded the COVID-era Paycheck Protection Program newly passed by Congress. He inflated Navatek’s payroll to amass loans of $13 million, according to a federal indictment. The Navatek founder, Loui, had long since soured on his chosen successor. This was the final straw. He reported Kao to federal authorities.

“This is not how Navatek behaved or conducted business before I sold the company to Martin Kao,” Loui wrote to ProPublica. He said Navatek was successful before Kao’s ownership and had many sources of government funding. After Kao’s arrest, he added, the company fully cooperated with law enforcement.

Loui has since regained control of the company and renamed it PacMar. He is dedicated to restoring its reputation and ability to execute government contracts, he continued. Loui said he fired employees hired during Kao’s tenure who were “not capable of performing quality, professional engineering and science tasks.”

“The company received no Collins-supported funding after Martin Kao’s arrest, nor should it,” Loui added. “What Martin Kao and his cabal did was wrong.”

On Sept. 30, 2020, law enforcement raided Navatek’s Honolulu offices and arrested Kao for fraud. Federal agents in windbreakers seized his laptop and ordered the company’s IT staff to copy the company’s internal servers.

Navatek’s public flameout attracted the attention of Michelle Ball and Kevin Gounaud, two experienced agents in the FBI’s elite anti-corruption unit. Gounaud was a 20-year FBI veteran who had worked on elaborate undercover operations. Ball had made a name for herself taking on politically sensitive cases. In 2018, she led the investigation into Maria Butina, the Russian agent convicted of infiltrating the National Rifle Association in an attempt to influence the Trump campaign.

The agents began digging through thousands of records for details of Navatek’s lobbying operation, donation strategy and ties to politicians.

They zeroed in on Kao’s relationship with Collins. In a 60-slide presentation agents prepared for prosecutors, they highlighted contributions that Kao and his wife made to the senator in 2018, right before Collins placed the $8 million in research funding into the federal budget. Kao had also given Navatek money to various relatives to donate to Collins in 2019, sending her around $33,000 through these illegal straw donors, the indictment said. Kao’s wife and father did not reply to requests for comment.

The government charged Kao in two separate cases: one for defrauding the loan program and another for his campaign finance crimes. His love of talking like a wheeler-dealer — including over email — was a gift to investigators. In one email, he all but admitted the scholarships to young women were a diversion. “Whatever… just a pack of bitches getting free $,” he wrote.

In the face of overwhelming evidence, Kao pleaded guilty in both cases in the fall of 2022. Navatek by then was under court-ordered new management. Awaiting sentencing, Kao worked as a line cook at a Cheesecake Factory.

He began meeting with the same FBI agents and prosecutors who brought him down. For the agents, he was a rare witness: a contractor with deep ties to elected officials saying he would speak candidly about how Washington works.

Kao faced nearly a decade in prison. “My world and life imploded,” he would later recall in a letter to the Hawaii U.S. District Court. “I was fooled and foolish enough to believe that the power elected officials wielded, and [were] actively willing to sell to anyone wealthy enough to pay, was….‘smart business.’”

Over the next two years, Kao sat with agents for at least three dayslong interviews. He told them that politicians, Collins in particular, had been willing participants in his scheme. “It takes two to tangle,” he told them.

Taxpayers funded Navatek’s entire political operation, Kao said. “Most companies of our size do not have the resources to endlessly hire expensive lobbyists and make political donations,” he told the FBI. Navatek solved this by using money from government contracts to hire lobbyists and make campaign contributions, according to interviews, court testimony and internal company records. Diverting money from contracts for lobbying and political donations can be illegal.

For their final meeting, in September 2024, Kao handed the FBI the 50-page document detailing Navatek’s dealings with more than a dozen members of Congress and their staff. It was not only a confession but a road map, with the email addresses and phone numbers of people Kao thought agents ought to subpoena.

Last year, Kao was sentenced to 87 months in prison. The judge in his case offered no leniency based on his cooperation with the FBI. Loui is battling Kao in court to recover the millions he contends Kao stole from the company.

Both Scott Reed and Amy Abbott remain in Collins’ inner circle. Abbott is the finance director for her 2026 reelection effort, and Reed again chairs the main Collins super PAC. Abbott, who is married to Collins’ campaign manager, referred questions to the senator’s communications staff. Clark told ProPublica that Abbott and other campaign staff were interviewed by the FBI and that the campaign was never a target of the investigation.

Earlier this year, Kao agreed to meet a ProPublica reporter at the Federal Prison Camp in Yankton, South Dakota, where he is incarcerated. But on two occasions when guards summoned Kao over the intercom, he refused to enter the visitation room. Over email, he said he was no longer willing to meet, citing the ongoing litigation. He declined through his lawyer to respond to detailed questions.

By late 2024, Ball and Gounaud, the FBI agents, had come to believe there was enough evidence to warrant a broader investigation into bribery of members of Congress, according to a memo seen by ProPublica.

Before they could embark on their new mission, however, they became casualties of Trump’s retribution campaign.

Ball and Gounaud worked for the FBI’s elite anti-corruption unit known as CR-15, which specialized in investigating misconduct by elected officials. When Trump retook power, his new FBI director, Kash Patel, purged the unit agent by agent.

Ball was targeted for her work on the special counsel investigation of Trump’s failed bid to overturn the 2020 election. She was fired in October 2025 in a one-page letter stating she had “weaponized” the Justice Department. She is challenging her firing in a lawsuit. Gounaud was pushed out in early 2026. Both agents declined to comment through their attorney.

Trump also targeted the Justice Department attorneys who worked with CR-15. The team, known as the Public Integrity Section, collapsed spectacularly in February 2025 after staff were ordered to drop a case against New York City Mayor Eric Adams, a Trump ally. The unit’s leadership quit en masse. Trump appointees ordered the remaining prosecutors to halt new corruption cases, just months after Kao made his detailed confession.

Before Ball was fired, however, she managed to take a key step forward.

Based on all the evidence, she persuaded her supervisors to approve a new investigation. It centered on South Carolina, one of the states Navatek eyed for a rapid expansion. The FBI had questions about a steak dinner Kao shared with Sen. Lindsey Graham.

Trump administration killed criminal investigation of GOP Senator’s coal companies

Trump administration officials earlier this year killed a federal criminal investigation into the coal empire owned by Sen. Jim Justice, a Republican from West Virginia and a close ally of the president’s.

The investigation examined potential criminal violations of the Clean Water Act by the multistate mining operations largely run by Justice’s son, Jay, according to current and former officials familiar with the matter.

The criminal probe was a significant escalation in the yearslong effort to police serial pollution offenses by Virginia-based Southern Coal and dozens of affiliated mining operations controlled by the family. In the past decade, Southern Coal and other Justice corporations have racked up tens of thousands of alleged violations of the Clean Water Act and have been sued repeatedly by state and federal prosecutors over their failure to properly follow environmental laws at their mining sites.

The investigation shuttered by the Trump administration was a joint effort by prosecutors and investigators with the Environmental Protection Agency, the Department of Justice’s Environmental Crimes Section and the U.S. Attorney’s Office of the Western District of Virginia to probe whether the incessant violations of antipollution laws had risen to the level of criminal behavior, people familiar with the matter said.

People familiar with the investigation told ProPublica that prosecutors believed they had a strong case. They initially had the blessing of Robert Tracci, President Donald Trump’s top official in the Western District of Virginia, to move forward.

But in recent months, as prosecutors battled the Justice companies in court over subpoenas for records, the Office of the Deputy Attorney General shut down the probe. At the time, Todd Blanche still headed the office, before assuming the role of acting attorney general in April.

“They were told ‘pencils down,’” a person familiar with the investigation said.

That prosecutors were even conducting a criminal investigation is noteworthy, people said, because the DOJ only charges a dozen or so criminal Clean Water Act cases each year. It is rare for top DOJ officials to derail a criminal investigation initiated by career officials at such an early stage, people familiar with the case said.

“I’ve never heard of that happening before,” said former federal prosecutor Rick Mountcastle, speaking generally about DOJ protocols. Mountcastle spent 24 years as a prosecutor in the Western District of Virginia. “There shouldn’t be some sort of untouchables list of people who are immune from enforcement.”

The move is part of a pattern of behavior at the top echelons of the DOJ to push cases against Trump’s political adversaries and ease up on allies.

Environmental enforcement against large polluters has plunged under the second Trump administration. Just days after inauguration, the administration reassigned top career environmental lawyers at the DOJ, including those overseeing the Southern Coal case, to work on the president’s immigration crackdown. At the beginning of the year, Blanche personally ordered prosecutors to stand down from cases against diesel emissions cheating.

Steven Ruby, an attorney for the Justice companies, said they became aware of the criminal investigation earlier this year.

“Ultimately the finding of the inquiry by the government was that there wasn’t any evidence to pursue criminal charges,” Ruby said. “There’s never been any intentional wrongdoing by the companies.”

While objecting to the subpoenas in court, the company simultaneously convinced the DOJ to drop the case, he said.

“The Justice companies — because Sen. Justice has been governor and because he’s now a senator — are singled out and put under a microscope, and there’s news coverage of violations and consent decrees and compliance actions,” Ruby said. “But the fact of the matter is that those kinds of issues exist throughout the industry.”

Current and former government officials familiar with the companies’ environmental record called them routine bad actors.

Spokespeople for the EPA and the Western District of Virginia referred questions to the DOJ. Justice’s senate office did not respond to questions.

“There is no case to be made here for a criminal investigation,” Emily Covington, a DOJ spokeswoman, said in an email. “Any career prosecutor who would paint a criminal case as strong is simply a deep state prosecutor continuing to push the priorities of the Biden administration.”

The deputy attorney general’s office is routinely involved with reviewing cases, she added. The office determined that this case was not consistent with the Trump administration’s priorities, she continued, and it was more appropriate to resolve it through the less punitive civil process. “The bottom line is that this was a politically motivated prosecution for a case that can and should be resolved civilly,” she wrote.

The Justice family runs a sprawling coal mining enterprise that extends across the South. Estimates of its fortune fluctuate. Forbes tallied Jim Justice’s net worth to be as much as $1.9 billion until 2021; more recently, it declared him “broke” and facing $1 billion in debt. But environmental groups have accused his companies of misrepresenting their assets to avoid paying environmental penalties.

Ruby said company finances seesaw because coal is a “boom and bust” industry.

Justice, who was first elected governor of West Virginia as a Democrat, announced he had become a Republican at a Trump rally in 2017. Trump backed Justice’s bid for Senate in 2023, amid a contested GOP primary. Justice went on to win the seat, helping Trump clinch a GOP majority in the Senate.

Coal mines often leach dangerous chemicals like arsenic into waterways and are required to strictly monitor pollution discharge and keep it under certain limits. The family’s companies have settled many accusations of environmental violations by agreeing to pay fines and invest in better pollution prevention without admitting or denying culpability.

In recent years, however, the company has repeatedly flouted regulators and the legal process. Jay Justice has been a no-show at court hearings involving Clean Water Act violations in the past, and in 2024 a judge in Alabama issued a civil contempt order against him for his repeated failure to respond to those lawsuits. Ruby, the Justice companies’ lawyer, attributed the violations in that case to surrounding facilities the family does not own. The case is now in mediation.

A number of recent legal proceedings have laid bare the extent to which the Justice companies may have knowingly violated environmental laws, a key threshold for bringing a criminal matter.

Such allegations surfaced in a 2023 civil case brought by the Justice companies’ former chief of environmental compliance Robert Fowler. In the suit, Fowler claimed that Jay Justice blocked him from spending the money necessary to comply with environmental laws, including making court-ordered payments and repairing equipment. As a result, according to emails disclosed in the lawsuit there were at times complaints of near-daily violations of permit water requirements.

In a resignation letter and in subsequent court filings, Fowler said he was concerned the circumstances exposed him to “potential civil and criminal liability.” Fowler declined to comment.

The Justice companies denied Fowler’s accusations. The Justice companies believe the government’s criminal investigation was based primarily on Fowler’s claims, which Ruby dismissed as the allegations of a “disgruntled” former employee.

Last month, a jury in Alabama found that the Justice companies had made false representations to Fowler about his role, but it did not award him the millions of dollars in damages he demanded in his lawsuit. The judge has yet to enter his final ruling.

In the DOJ’s aborted investigation of Southern Coal, prosecutors and federal agents had begun to gather evidence, scrutinizing testimony in the Justices’ various civil trials, and had approached former employees seeking information. Government attorneys also sent subpoenas seeking further documentation, said those familiar with the probe, a move that was opposed by the company’s lawyers.

People familiar with the case said Justice Department attorneys were ready to fight the Justices’ lawyers over the subpoenas.

But before they could move forward, Blanche’s office shut it down.

'Immigration is an invasion': Trump theory threatens civil liberties

When top Trump adviser Stephen Miller threatened on May 9 that the administration is “actively looking at” suspending habeas corpus in response to an “invasion” from undocumented immigrants, he was operating on a fringe legal theory that a right-wing faction has been working to legitimize for more than a decade.

“The Constitution is clear — and that of course is the supreme law of the land — that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said earlier this month in response to a question about Trump’s threat to suspend habeas corpus, the legal right of a prisoner to challenge their detention. Days after Miller’s remarks, Homeland Security Secretary Kristi Noem issued the same warning when a member of a House panel asked her if the number of illegal border crossings meets the threshold for suspending the right. “I’m not a constitutional lawyer,” Noem said. “But I believe it does.”

Hard-liners have referred to immigrants as “invaders” as long as the U.S. has had immigration. By 2022, invasion rhetoric, which had previously been relegated to white nationalist circles, had become such a staple of Republican campaign ads that most of the public agreed an invasion of the U.S. via the southern border was underway.

Now, however, the claim that the U.S. is under invasion has become the legal linchpin of President Donald Trump’s sweeping anti-immigrant campaign.

The claim is Trump’s central justification for invoking the Alien Enemies Act to deport roughly 140 Venezuelans to CECOT, the Salvadoran megaprison, without due process. (The administration cited different legal authority for the remaining deportees.) The Trump administration contends they are members of a gang, Tren de Aragua, that Venezuelan President Nicolás Maduro is directing to infiltrate and operate in the United States. Lawyers and families of many of the deportees have presented evidence the prisoners are not even members of Tren de Aragua.

The contention is also the throughline of Trump’s day one executive order “Protecting the American People Against Invasion.” That document calls for the expansion of immigration removal proceedings without court hearings and for legal attacks against sanctuary jurisdictions, places that refuse to commit local resources to immigration enforcement.

So far, no court has bought the idea that the U.S. is truly under invasion, as defined by the Constitution or the Alien Enemies Act, on the handful of occasions the government has used the argument to justify supercharged immigration enforcement. Four federal judges, including one Trump appointee, have said the situation Trump describes fails to meet the definition of an invasion. Tren de Aragua “may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” U.S. District Judge Alvin Hellerstein wrote. Indeed, Trump’s own intelligence agencies found that Maduro is not directing the gang. The Supreme Court has not ruled on the question but froze any more deportations without due process on May 16.

The Trump legal push has been in the works for years. After Trump left the White House, two of his loyalists, former Homeland Security official Ken Cuccinelli and his now-two-time budget chief Russell Vought, quietly built a consensus for the invasion legal theory among state Republican officials and ultimately helped persuade Texas to give it a test run in court.

Most legal scholars reject the idea that the wave of undocumented immigration fits the original definition of what an invasion is, but they worry nonetheless. When U.S. District Judge Stephanie L. Haines, a Trump appointee, issued a preliminary ruling earlier this month that allowed Trump to invoke the Alien Enemies Act, she did not label immigrants “invaders.” Instead, she proposed that Tren de Aragua was “the modern equivalent of a pirate or a robber.”

If the Supreme Court ultimately takes up the invasion question, a ruling like Haines’ offers a blueprint for sidestepping the issue while giving Trump what he wants, or for embracing the invasion theory wholesale, legal scholars said.

“All this really comes down to the issue of whether the United States Supreme Court is going to allow a president to behave essentially as an autocratic dictator if he’s prepared to make entirely fictitious factual declarations that trigger monarchical power,” said Frank Bowman, a legal historian and professor emeritus at the University of Missouri School of Law.

Under the Constitution, if the United States is invaded, Congress has the power to call up the militia and can allow the suspension of habeas corpus, the constitutional right that is the core of due process. The states, which are normally forbidden from unilaterally engaging in war, can do so according to the Constitution if they are “actually invaded.”

The Alien Enemies Act, an 18th century wartime law enacted during a naval conflict with France, also rests on the definition of an invasion. It allows the president to expel “aliens” during “any invasion or predatory incursion … by any foreign nation or government.” It has only ever been invoked three times, during the War of 1812 and World Wars I and II.

Habeas corpus has likewise been suspended only a handful of times in the Constitution’s nearly 240-year history, including during Reconstruction, to put down violent rebellions in the South by the Ku Klux Klan; in 1905, to suppress the Moro uprising against U.S. control of the Philippines; and in Hawaii after Pearl Harbor in order to place Japanese Americans under martial law. In each of these cases, the executive branch acted after receiving permission from Congress.

An exception was in 1861, when President Abraham Lincoln unilaterally suspended habeas corpus at the outbreak of the Civil War. This provoked a direct confrontation with Supreme Court Chief Justice Roger Taney, who ruled that only Congress was empowered to take such an extraordinary step. Congress later papered over the conflict by voting to give Lincoln the authority for the war’s duration.

Today, nearly every historian and constitutional scholar is in agreement that, when it comes to suspending habeas, Congress has the power to decide if the conditions are met.

“The Constitution does not vest this power in the President,” future Supreme Court Justice Amy Coney Barrett wrote in 2014. “Scholars and courts have overwhelmingly endorsed the position that, Lincoln’s unilateral suspensions of the writ notwithstanding, the Constitution gives Congress the exclusive authority to decide when the predicates specified by the Suspension Clause are satisfied.” Even then, the Constitution only allows Congress to act in extreme circumstances — “when in Cases of Rebellion or Invasion the public Safety may require it.”

Ilya Somin, a law professor at George Mason University who has closely followed these arguments, argues there is virtually no evidence that the drafters of the Constitution thought of an “invasion” as anything other than the kind of organized incursion that would traditionally spark a war.

“The original meaning of ‘invasion’ in the Constitution is actually what sort of the average normal person would think it means,” Somin said. “As James Madison put it, invasion is an operation of war. What Vladimir Putin did to Ukraine, that’s an invasion. What Hamas did to Israel, that’s an invasion. On the other hand, illegal migration, or drug smuggling, or ordinary crime — that’s not an invasion.”

In 1994, Florida Democratic Gov. Lawton Chiles Jr. filed the first modern-day lawsuit arguing otherwise. The Haitian and Cuban refugee crises had spawned a new wave of anti-immigration sentiment, and hard-liners accused the federal government of owing states billions for handling immigrants’ supposed crimes and welfare claims. Chiles, who died in 1998, took the concept one step further. He filed a $1.5 billion suit claiming the U.S. had violated the section of the Constitution stating the federal government “shall protect each [state] against Invasion.”

Federal courts slapped down his lawsuit — and a spate of copycatsuits from Arizona, California, New York and New Jersey — and the legal case for calling immigration an invasion died out.

In the late 2000s, a group of far-right voices began to revive this approach. Ken Cuccinelli was among the first and most strident. He was an early member of State Legislators for Legal Immigration, part of a powerful network of anti-immigration groups that pioneered efforts like ending birthright citizenship. The organization contended that immigrants were “foreign invaders” as described in the Constitution.

Cuccinelli evangelized for the theory as he rose from a state legislator to an official in Trump’s first Department of Homeland Security.

“Under war powers, there’s no due process,” Cuccinelli told Breitbart radio shortly before his appointment in the first Trump administration. “They can literally just line their National Guard up with, presumably with riot gear like they would if they had a civil disturbance, and turn people back at the border. … You just point them back across the river and let them swim for it.”

Cuccinelli got traction after Trump’s reelection loss. He joined a think tank Vought had founded as its immigration point man. During his time in the first Trump administration, Vought became frustrated that the president’s goals were frequently thwarted. He founded the Center for Renewing America, dedicated to a sweeping vision of remaking the government and society — what ultimately became Project 2025.

In remarks to a private audience at his think tank in 2023, Vought, who is now Trump’s budget chief and the intellectual force behind Trump’s unprecedented executive power grab, said he specifically championed the term “invasion” because it “unlocked” extraordinary presidential powers.

“One of the reasons why we were very, so insistent about coming up with the whole notion of the border being an ‘invasion’ because there were Constitutional authorities that were a part of being able to call it an invasion,” Vought said. Documented and ProPublica obtained videos of Vought’s speech last year. Vought and Cuccinelli did not respond to requests for comment.

In 2021 and 2022, Cucinelli, with Vought’s help, mounted press conferences and privately urged Gov. Doug Ducey of Arizona and Gov. Greg Abbott of Texas to proclaim that their states were being invaded.

After Arizona’s then-attorney general, Mark Brnovich, released a legal opinion in February 2022 proclaiming violent cartels had “actually invaded” and opened the door for Ducey to deploy the state’s National Guard, Vought bragged to his audience that he and Cuccinelli had personally provided draft language for the opinion. In a previous email to ProPublica, Brnovich acknowledged speaking to Cuccinelli but said his opinion was “drafted and written by hard working attorneys (including myself) in our office.”

Ducey never acted on the invasion theory. But Abbott was more receptive. He invoked the state’s war powers, citing the “actually invaded” clause, in a 2022 open letter to President Joe Biden. “Two years of inaction on your part now leave Texas with no choice,” he wrote. Andrew Mahaleris, a spokesperson for Abbott, said the governor “declared an invasion due to the Biden Administration’s repeated failures in upholding its constitutional duty to secure the border and defend states.”

Abbott ordered the banks of the Rio Grande river to be strung with razor wire and a shallow section to be obstructed by a 1,000-foot string of man-sized buoys and blades and signed a law, S.B. 4, giving state authorities the power to deport undocumented immigrants.

When the Justice Department sued, Abbott’s administration argued in legal briefs that its actions were justified in part because his state was under “invasion.” Twenty-three Republican attorneys general filed a brief in agreement.

“In both scope and effect, the wave of illegal migrants pouring across the border is like an invasion,” their brief read. “The Constitution’s text, the principle of sovereignty in the federal design, and the broader constitutional structure all support the conclusion that the States have a robust right to engage in self-defense. Contained within that right is presumptively acts to repel invasion.”

Texas’ invasion argument did not prevail. The 5th Circuit has blocked S.B. 4., and a lower court and a three-judge panel skewered Abbott’s constitutional argument in the buoy case. In 2024, the full 5th Circuit ruled under another law that Abbott was entitled to leave the floating barriers in place. It avoided ruling on Texas’ invasion claim altogether — but not without one judge dissenting. Trump appointee James Ho argued courts have no ability to second-guess executives about which threats rise to the level of an invasion and justify military action.

In his speech, Vought credited “the massive take-up rate” of the invasion legal theory to his and Cuccinelli’s behind-the-scenes efforts. Now the concept is being taken seriously by the president’s top advisers as they threaten to upend a core civil liberty.

“The definition of ‘invasion’ has broad implications for civil liberties — that’s pretty obvious,” Somin said. “They’re trying to use this as a tool to get around constitutional and other legal constraints on deportation and exclusion that would otherwise exist. But they also want to use it to undermine civil liberties” for U.S. citizens.

Molly Redden is covering legal affairs and how the second Trump administration is attempting to reshape the legal system. You can send her tips at molly.redden@propublica.org or via Signal at mollyredden.14.