Lobbying Reform Update (click here)
Ethics Office For Hill Rejected
Bipartisan Defeat For Independent Lobbying Overseer
By Jeffrey H. Birnbaum
Washington Post Staff Writer
Friday, March 3, 2006; A01
A Senate committee yesterday rejected a bipartisan proposal to
establish an independent office to oversee the enforcement of congressional
ethics and lobbying laws, signaling a reluctance in Congress to beef up the
enforcement of its rules on lobbying.
The Senate Committee on Homeland Security and Governmental Affairs voted 11
to 5 to defeat a proposal by its chairman, Sen. Susan Collins (R-Maine), and
its ranking Democrat, Sen. Joseph I. Lieberman (Conn.), that would have
created an office of public integrity to toughen enforcement and combat the
loss of reputation Congress has suffered after the guilty plea in January
of former lobbyist Jack Abramoff. Democrats joined Republicans in killing the
measure.
The vote was described by government watchdog groups and several
lawmakers as the latest example of Congress's waning interest in stringent
lobbying reform. After starting the year with bold talk about banning
privately paid meals and travel, lawmakers are moving toward producing a bill
that would ban few of their activities and would rely mostly on stepped-up
disclosure and reporting requirements as their lobbying changes.
"Lobbying reform is going more the enforcement route," said Melanie Sloan,
executive director of Citizens for Responsibility and Ethics in
Washington. "What's that going to do? Nothing much."
Yesterday, the governmental affairs panel spent most of its three-hour
drafting session debating the Collins-Lieberman proposal. Collins argued that
by hiring professionals to oversee lobbying reports and the investigation of
ethics complaints, Congress would improve its credibility by ending the
appearance of conflict-of-interest created by the self-policing of its ethics
committees.
"The current system of reviewing lobbyists' public reports is a joke," she
added.
But Sen. George V. Voinovich (R-Ohio), chairman of the Senate's Select
Committee on Ethics and a member of Collins's panel, said the ethics panel
does not need any help because it is already doing a thorough job of enforcing
the chamber's rules. Speaking of the audits and investigations that the office
of public integrity would undertake, Voinovich said: "The ethics committee is
already doing those things."
With the backing of current and past ethics panel members in attendance,
Voinovich proposed, and the governmental affairs committee adopted, an
amendment that would strike the new office from the committee's bill while
requiring more openness in the now secretive ethics panel. An annual report
would list the number of alleged rule violations that are reported or
otherwise dealt with by the House and Senate ethics committees.
Watchdog groups reacted angrily. "The cutting out of the office of public
integrity really undermines this whole effort," said Joan Claybrook, president
of the liberal group Public Citizen. Lieberman said he will try to get the
integrity office approved next week when lobbying legislation is scheduled for
action on the Senate floor. He said that he will be joined by other senators
in a variety of efforts to get the lobbying bill back in the direction it was
headed at the beginning of the year.
In January, House Speaker J. Dennis Hastert (R-Ill.) was joined by leaders
of both parties in calling for bans or severe restrictions on gifts, meals and
travel provided by private groups. The proposed stiff limitations were the
initial reaction to the political scandals involving Abramoff and members of
Congress and their staffs.
But as the legislation has evolved and Abramoff has faded from the
headlines, calls for bans have grown scarce, and expanded disclosure has
become the centerpiece of the efforts underway. Two Senate committees this
week have largely left undiminished lawmakers' ability to accept meals and
travel, and the House appears headed in the same direction.
"Disclosure, transparency and oversight systems are the tenets we're
interested in implementing," said Kevin Madden, spokesman for House Majority
Leader John A. Boehner (R-Ohio). Boehner succeeded Rep. Tom DeLay (R-Tex.),
who was forced to step down as leader last year after he was indicted in Texas
on campaign-money laundering charges.
"We're focusing on more disclosure, transparency," agreed Sen. Trent Lott
(R-Miss.), chairman of the Senate Rules and Administration Committee, which
approved its own disclosure bill Tuesday. The measure will be considered by
the full Senate next week.
Some of the disclosure proposals are significant. The governmental affairs
committee agreed for the first time to require professional grass-roots
lobbying firms to report publicly how much they spend to influence government
actions. Currently, only people who are paid to directly lobby lawmakers and
their staffs must disclose their activities. Grass-roots lobbying is indirect
lobbying to try to galvanize voters back home.
The bill would also require lobbyists to file quarterly reports, rather
than the current biannual ones, on their activities, as well as a new, annual
disclosure that would detail their donations to federal candidates,
officeholders and political parties. In addition, lobbyists would have to
disclose all the travel they arrange for lawmakers and all the gifts worth
more than $20 that they give to them.
Lobbying reports would be filed electronically and would be accessible via
the Internet, something that is not always true today.
On Tuesday, the rules committee approved its own set of extra disclosures.
Its bill would require that meals accepted by senators and their aides be
reported online within 15 days. That bill would also require that senators get
approval in advance from the Senate Select Committee on Ethics for any
privately financed travel that they accept. The trips and their main details
would have to be disclosed rapidly, including the names of the people who come
along on private aircraft.
So far, only one outright ban has been approved. The rules committee
decided to prohibit lawmakers from accepting gifts other than meals from
registered lobbyists and foreign agents. That would include such benefits as
tickets to sporting events and the theater. House Republican leaders have not
endorsed a similar ban.
Another serious restriction, approved by the governmental affairs
committee, would slow what has been called the revolving door between
government and the K Street lobbying industry. The provision would double to
two years the time during which former lawmakers and former top executive
branch officials would be barred from lobbying their ex-colleagues. It would
also ban -- for a year after leaving their Capitol Hill jobs -- former senior
congressional staffers from lobbying anyone in the chamber in which they had
worked. Currently, staff members are prohibited from lobbying only their
former offices during their one-year "cooling-off period."
But Lieberman said he wants to do more. He said he will try to curtail
corporate-plane travel by forcing lawmakers to pay charter fares for their
private airplane trips rather than the first-class rates that are allowed
under current law.
This restriction was proposed during a debate in the rules committee
earlier in the week but was defeated.
Senate Panel Rejects Ethics Office Plan
WASHINGTON, March 2 Senators backed away Thursday from expansive lobbying
law changes for the second time this week, overwhelmingly voting down a
proposal to create an independent office to investigate ethics abuses in
Congress.
The plan for a new Office of Public Integrity was rejected, 11
to 5, by the Senate Homeland Security and Governmental Affairs Committee.
Opponents complained that the office would have duplicated the work of the
Senate Ethics Committee and that the plan violated the Constitution, which
provides for the House and Senate to set their own rules.
The vote does not mean the idea is dead; backers said they would try to
bring it to the full Senate when the chamber takes up lobbying law changes,
possibly next week. But the measure's defeat, coupled with strong
disagreements among Republican leaders in the House over what form lobbying
legislation should take, suggests that the path to changing the way Congress
does business will be fraught with obstacles.
The proposal would have created an independent Office of Public
Integrity, with a director who had subpoena power. The director, appointed
by the Democratic and Republican Congressional leadership, would have had
responsibility for investigating ethics charges, though his decisions could
have been overruled by a two-thirds vote of the House or Senate ethics
committees.
The measure was struck down despite the strong backing of the committee's
chairwoman, Senator Susan Collins, Republican of Maine, and its senior
Democrat, Senator Joseph I. Lieberman of Connecticut. Support was so scant
during the debate that as the discussion drew to a close, Senator Collins
issued a half-joking plea for help.
"If there are any members of the committee who think there's some
possibility that Senator Lieberman and I are right," Ms. Collins said, "I
would love to hear them speak."
Instead, the panel adopted legislation that would strengthen disclosure
rules for lobbyists, requiring them to report their activities more
frequently and to do so electronically, in a format that could be easily
searched by the news media and the public.
The bill would also double from one to two years the so-called
cooling-off period during which lawmakers-turned-lobbyists are prohibited
from lobbying their former colleagues. And it would extend that cooling-off
period to senior Senate aides, who would be barred during that time from
lobbying any senator, not just their former bosses, as is the current
practice.
The committee also voted, 10 to 6, to impose new requirements on advocacy
groups to report how much they spend lobbying Congress. That provision is
aimed at groups like AARP, which spend millions on television advertisements
and other campaigns intended to influence Congress but do not have to
register as lobbyists.
After the meeting, Senator Collins said she thought the panel had
produced "a strong bill," even without the ethics office provision. But
government watchdog groups, and some senators, complained that the committee
had stripped the meat out of lobbying law changes.
"The bill is crippled without an independent public integrity office
because the House and Senate ethics committees cannot operate free of
political pressures, and that's what this office can do," said Joan
Claybrook, president of Public Citizen, an advocacy group. Still, she said,
the bill did contain "some important public-disclosure" requirements.
On Tuesday, another Senate panel, the Rules Committee, passed its own
lobbying legislation but rejected provisions that would have made it more
difficult for senators to travel on corporate jets. Instead, the committee
passed a provision requiring senators to receive advance clearance for
privately financed trips and to disclose all travel on corporate jets.
In the House, which is likely to take up lobbying legislation in the next
few weeks, the Republican leaders have been unable to agree on what form the
legislation should take. The new majority leader, Representative
John A. Boehner of Ohio, said that the leadership was considering a
one-year moratorium on private travel, but that he was not a fan of the
idea.
The push toward lobbying law changes has grown out of a scandal involving
Jack Abramoff, the disgraced lobbyist, who pleaded guilty to corruption
charges and is cooperating with federal prosecutors in a widening
investigation. With Congress's approval ratings at the lowest in years,
members of both parties are eager to pass legislation before the November
elections.
But reaching a consensus will be difficult. Senator
John McCain, Republican of Arizona, who has been spearheading the
bipartisan effort on lobbying law changes, said he would push for the full
Senate to adopt the proposal for an independent ethics office. He complained
that his colleagues had voted against the plan "because it puts teeth into
things."
But opponents of the new office, including the Republican chairman of the
Senate Ethics Committee, Senator George V. Voinovich of Ohio, said it would
duplicate what that committee is already doing. "There is no need to
reinvent the wheel," Mr. Voinovich said.
Congress Ethics Office Rejected
A Senate panel says monitoring by an independent outside agency is
unnecessary.
By Mary Curtius and Richard Simon
Times Staff Writers
From the Los Angeles Times March 3, 2006
WASHINGTON A key Senate committee Thursday rejected a proposal to create a new
agency to oversee congressional ethics, dealing a major blow to efforts to give
outsiders at least some authority to police lawmakers' conduct.
The plan to set up an independent Office of Public Integrity was derailed by the
Homeland Security and Governmental Affairs Committee despite its sponsorship
by the panel's chairwoman, Republican Sen. Susan Collins of Maine, and the
ranking Democrat, Sen. Joe Lieberman of Connecticut.
The measure's 11-5 defeat underscored the growing resistance on Capitol Hill to
overhauls advocated by government watchdog groups and some lawmakers after
recent political scandals. Rather than significantly rewrite their rules for
conduct, most members of Congress appear to favor more extensive reporting
requirements mostly for lobbyists.
The defeat of the ethics office proposal sparked sharp criticism.
"We are really disappointed," said Mary Boyle, spokeswoman for the citizens'
lobbying group Common Cause. "For Congress to produce any kind of credible
reform, they need an enforcement mechanism."
The proposal called for an office, independent of the existing House and Senate
ethics committees, that could initiate investigations of lawmakers. The office
staff was to have been led by a director hired by congressional leaders; its
findings would have been turned over to the congressional ethics panels, whose
members would then have decided on any penalties.
In Thursday's debate, several senators balked at ceding even limited oversight
to an outside agency.
"There is no need to reinvent the wheel," said Sen. George V. Voinovich
(R-Ohio), who led opposition to the proposal. "The Office of Public Integrity is
a solution in search of a problem."
Voinovich is chairman of the Senate Ethics Committee, as well as a member of the
domestic security panel.
After the latter committee scotched the ethics office provision, it approved
legislation that would require lobbyists to provide more detailed reports on
their activities, to file that information more frequently, and to disclose the
money they spend to promote their clients' interests.
The bill also would require lobbyists to list annually the campaign donations
and fund-raising events in which they take part.
Penalties for violations of these rules would be increased. And the "cooling
off" period the time a former senator must wait before lobbying his onetime
colleagues would be extended to two years from one year.
The bill is expected to be combined with one passed this week by the Senate
Rules Committee, then sent to the Senate floor as early as next week.
The Rules Committee measure aims to rein in "earmarking" the popular
legislative practice of tucking money into bills, often at the behest of
lobbyists, for projects benefiting a particular state or industry. Also,
senators would be required to provide more information about meals paid for by
lobbyists or travel financed by outside groups. And the lawmakers would be
prohibited from accepting gifts from lobbyists.
The House is expected to take up an overhaul of its ethics rules this month,
although the chamber's Republican leaders have been struggling to reach
agreement on the package's key elements.
Boyle, the Common Cause spokeswoman, said that enacting tougher reporting
requirements would not address what she termed a fundamental failure to enforce
current rules.
She argued that the scandal surrounding lobbyist Jack Abramoff, who pleaded
guilty in January to defrauding his clients and conspiracy to bribe members of
Congress, did not arise because of a lack of ethics rules in the House and
Senate.
"It was about rules that were broken and there was no enforcement for breaking
them whatsoever," Boyle said.
She said the opposition of Voinovich to the ethics office proposal was
particularly disappointing.
"Voinovich is a good-government guy," Boyle said. "He is an ally with us on a
number of issues."
Collins and Lieberman insisted that their proposal was not meant to imply that
the Senate Ethics Committee had not been doing a good job but Voinovich and
his allies were not persuaded.
Sen. Daniel K. Akaka (D-Hawaii), who was among those voting against the ethics
office, noted that he had served on the ethics panel and that it was an "often
thankless task" because most of its deliberations were secret.
"Unfortunately, this can create the perception that the committee is inactive,"
he said.
Common Cause and other watchdogs contend that the track records for the House
and Senate ethics committees demonstrate that lawmakers are reluctant to
vigorously investigate one of their own.
As an alternative, they have urged Congress to follow the example set by about
two dozen states that have created outside ethics panels that, with varying
degrees of independence and authority, oversee the conduct of state legislators.
Collins was philosophical about the defeat of the ethics office idea.
"Reform is always very difficult, especially
when you're trying to reorganize
Congress," she said.
Lieberman said he would seek to bring the proposal to the Senate floor when
debate opened on the other changes to ethics rules.
"To really make the reforms real requires a stronger, more independent
enforcement process," Lieberman said.
Fueling the push for ethics rule changes have been the Abramoff scandal and
November's guilty plea by then-Rep. Randy "Duke" Cunningham (R-San Diego) to
accepting $2.4 million in bribes from defense contractors. Cunningham resigned
his seat as he entered his plea.
After Abramoff's guilty plea, GOP leaders in the House and Senate pledged to
take bold steps, such as banning trips by lawmakers paid for by interest groups,
to clean up Congress. But since then, such efforts have stalled.
Several lawmakers have argued that the crimes committed by Abramoff and
Cunningham were isolated and that Congress should resist the temptation to make
systematic changes because of them.
Senate panel rejects new ethics office
Measures requiring lobbyists to disclose more sent to full Senate
WASHINGTON (AP) -- Legislation that would force
lobbyists to disclose more about their spending to influence the political
process advanced Thursday in the Senate, but minus a key provision that would
have set up a new independent office to monitor congressional ethics.
The 12-1 vote in the Senate Homeland Security and Governmental Affairs
Committee sends the bill to the Senate floor, where it could come up next week.
That would be about two months after former lobbyist Jack Abramoff pleaded
guilty in a federal corruption investigation involving his providing of lavish
trips, meals and golf outings "in exchange for a series of official acts."
The relative speed in moving the bill reflects election-year concerns that
lobbying and ethics scandals have alienated voters.
"The consequences of these scandals are so antithetical to our democracy and
so damaging to Congress that we must come together to produce reform or face
further derision and mistrust," said Sen. Joseph Lieberman, D-Connecticut, who
sponsored the bill with committee chairman Susan Collins, R-Maine.
Quarterly reports
Under the Collins-Lieberman bill, lobbyists would have to file quarterly
reports of their activities, instead of the current twice a year, and would have
to ensure Internet access to those reports. Lobbyists would also have to provide
details of trips they arrange for legislators and make annual disclosures of
their campaign contributions or fundraisers for politicians.
Retiring lawmakers would have to wait two years before accepting jobs
lobbying Congress, up from the current one-year waiting period.
But in a 11-5 vote, the committee decided to eliminate a provision that would
have set up an office of public integrity, an agency with investigative and
subpoena powers that would complement and assist the work of the House and
Senate ethics committees.
"Restoring public confidence is essential and the public is very leery about
whether we can set our own rules," Collins said in explaining the need for the
new office. She and Lieberman stressed that the ethics committees would still
have final say on proceeding with investigations or charging members with
violations.
But three committee members who are also on the six-member ethics committee
balked, saying they were doing a good job and adding another of bureaucracy
would only complicate their work.
"I fear that the ethics committee will become little more than a paralyzed
political body," said Sen. George Voinovich, R-Ohio, chairman of the ethics
committee.
Lieberman vowed to reintroduce the provision when the bill reaches the Senate
floor.
Lieberman, joined by Sen. Carl Levin, D-Michigan, was successful in winning
approval of an amendment that would require paid lobbyists to reveal information
about grassroots lobbying, helping clients to encourage the general public,
through mass mailings or advertising, to contact federal officials. Smaller
grassroots lobbying efforts aimed at 500 people or less would be exempt.
On Tuesday, the Senate Rules Committee approved similar lobbying legislation
that included a new procedure for senators to wean earmarks, those specifically
targeted and at times wasteful projects that lawmakers like to take home to
their constituents, from larger bills.
Any single senator would be able to raise a point of order against an earmark
that didn't get a committee vote, and 60 votes would be needed to keep it alive.
The full Senate will consider some combination of the two bills, which
overlap in such areas as extending the waiting period for lobbyist jobs to two
years.
House moves slower
The House has been slower on the lobbying issue, so far only moving to ban
former-members-turned-lobbyists from the House floor and gym. House Rules
Committee Chairman David Dreier, R-California, at a hearing on the issue
Thursday, urged unity, saying that "with one voice, we can improve the stature
of Congress in the eyes of the American people."
But House GOP leaders have met rank-and-file opposition to their earlier
proposal to ban all privately funded travel for lawmakers, and on Thursday the
top Democrat on the House ethics committee, Alan Mollohan of West Virginia,
dismissed a Dreier proposal to hold joint hearings on the issue.
Mollohan said the ethics committee, which has been inactive for more than a
year because of partisan disputes, was trying to restore its nonpartisan
character, and an open hearing on the ethics issue would undermine that effort.
Copyright 2006 The
Associated Press www.cnn.com
Senate panel rejects ethics office
WASHINGTON (AP) Posted 3/2/2006 1:18 PM
A Senate committee on Thursday emphatically rejected the creation of a new
office to oversee ethics violations by lawmakers. The proposed office had
been a cornerstone of legislation aimed at cleaning up congressional
relations with lobbyists.
Opposition to the proposed Office of Public Integrity
was led by members of the Senate ethics committee, who defended their own
work in investigating allegations of wrongdoing and said a new layer of
bureaucracy was unneeded.
"I fear that the ethics committee will become little
more than a paralyzed political body," said Sen. George Voinovich, R-Ohio,
chairman of the ethics committee and the sponsor of the amendment to
eliminate language on the new office from the lobbying bill.
The vote by the Senate Homeland Security and
Governmental Affairs Committee was 11-5 to remove the provision.
The committee later approved the lobbying bill, which
could be introduced on the Senate floor, along with similar legislation
backed by the Senate Rules Committee earlier this week, as early as next
week.
The Rules Committee bill focused on new steps by
which lawmakers could eliminate earmarks, the thousands of pet projects
inserted into larger bills, often at the urging of special interest groups.
The bill would allow a single member to raise a point of order striking such
specific projects from a bill, and require 60 votes to keep the project in
the bill.
The new office was supported by the panel's chairman
and top Democrat, Sens. Susan Collins, R-Maine, and Joseph Lieberman, D-Conn.,
who said an independent office to investigate and oversee ethics issues was
needed in the wake of recent scandals that have damaged the reputation of
Congress.
"Restoring public confidence is essential and the
public is very leery about whether we can set our own rules," Collins said.
Lieberman stressed that with the new office the ethics committees in the
House and Senate would still make all final decisions about investigating
charges or citing members for violations.
But Voinovich and two other panel members who are
also on the ethics committee, Sens. Daniel Akaka, D-Hawaii, and Mark Pryor,
D-Ark., argued that unlike the House ethics committee, which has done little
over the past year because of partisan fights, the Senate committee is doing
its job. The new office, Pryor said, would result in "a fundamental change
in the nature of the Senate ethics committee."
The Collins-Lieberman bill, patterned after
legislation promoted by Sen. John McCain, R-Ariz., requires greater
disclosure from lobbyists about contributions they give to lawmakers or
travel they arrange.
It also requires retiring lawmakers to wait two
years, instead of the current one, before taking a job lobbying Congress,
and increases fines for lobbyists who violate the rules.
The idea of an independent ethics office is being
pushed by lawmakers, led by Democrats, who say the current system isn't
capable of handling ethics issues in a fair and timely fashion. Lieberman
said he would offer an amendment to restore the office of public integrity
to the bill when it is debated on the Senate floor.
The House also is working on legislation in response
to the fallout from the scandal over Jack Abramoff, the former lobbyist who
pleaded guilty as part of a federal corruption investigation case involving
the spending of millions of dollars to buy political influence.
House Republicans, however, are still divided over
some key issues, such as whether to ban all privately funded travel.
Abramoff hosted several prominent lawmakers on trips to Scotland and
elsewhere marked more by rounds of golf than by fact-finding events.
Senate Panel Rejects Ethics Office
By JIM ABRAMS, Associated Press WriterThu Mar 2, 3:32
PM ET
Legislation that would force lobbyists to disclose more about their
spending to influence the political process advanced Thursday in the Senate,
but minus a key provision that would have set up a new independent office to
monitor congressional ethics.
The 12-1 vote in the Senate Homeland Security and Governmental Affairs
Committee sends the bill to the Senate floor, where it could come up next
week.
That would be about two months after former lobbyist Jack Abramoff
pleaded guilty in a federal corruption investigation involving his providing
of lavish trips, meals and golf outings "in exchange for a series of
official acts."
The relative speed in moving the bill reflects election-year concerns
that lobbying and ethics scandals have alienated voters.
"The consequences of these scandals are so antithetical to our democracy
and so damaging to Congress that we must come together to produce reform or
face further derision and mistrust," said Sen. Joseph Lieberman (news, bio,
voting record), D-Conn., who sponsored the bill with committee chairman
Susan Collins, R-Maine.
Under the Collins-Lieberman bill, lobbyists would have to file quarterly
reports of their activities, instead of the current twice a year, and would
have to ensure Internet access to those reports. Lobbyists would also have
to provide details of trips they arrange for legislators and make annual
disclosures of their campaign contributions or fundraisers for politicians.
Retiring lawmakers would have to wait two years before accepting jobs
lobbying Congress, up from the current one-year waiting period.
But in a 11-5 vote, the committee decided to eliminate a provision that
would have set up an office of public integrity, an agency with
investigative and subpoena powers that would complement and assist the work
of the House and Senate ethics committees.
"Restoring public confidence is essential and the public is very leery
about whether we can set our own rules," Collins said in explaining the need
for the new office. She and Lieberman stressed that the ethics committees
would still have final say on proceeding with investigations or charging
members with violations.
But three committee members who are also on the six-member ethics
committee balked, saying they were doing a good job and adding another of
bureaucracy would only complicate their work.
"I fear that the ethics committee will become little more than a
paralyzed political body," said Sen. George Voinovich (news, bio, voting
record), R-Ohio, chairman of the ethics committee.
Lieberman vowed to reintroduce the provision when the bill reaches the
Senate floor.
Lieberman, joined by Sen. Carl Levin (news, bio, voting record), D-Mich,
was successful in winning approval of an amendment that would require paid
lobbyists to reveal information about grassroots lobbying, helping clients
to encourage the general public, through mass mailings or advertising, to
contact federal officials. Smaller grassroots lobbying efforts aimed at 500
people or less would be exempt.
On Tuesday, the Senate Rules Committee approved similar lobbying
legislation that included a new procedure for senators to wean earmarks,
those specifically targeted and at times wasteful projects that lawmakers
like to take home to their constituents, from larger bills.
Any single senator would be able to raise a point of order against an
earmark that didn't get a committee vote, and 60 votes would be needed to
keep it alive.
The full Senate will consider some combination of the two bills, which
overlap in such areas as extending the waiting period for lobbyist jobs to
two years.
The House has been slower on the lobbying issue, so far only moving to
ban former-members-turned-lobbyists from the House floor and gym. House
Rules Committee Chairman David Dreier, R-Calif., at a hearing on the issue
Thursday, urged unity, saying that "with one voice, we can improve the
stature of Congress in the eyes of the American people."
But House GOP leaders have met rank-and-file opposition to their earlier
proposal to ban all privately funded travel for lawmakers, and on Thursday
the top Democrat on the House ethics committee, Alan Mollohan of West
Virginia, dismissed a Dreier proposal to hold joint hearings on the issue.
Mollohan said the ethics committee, which has been inactive for more than
a year because of partisan disputes, was trying to restore its nonpartisan
character, and an open hearing on the ethics issue would undermine that
effort.
Homeland Security Committee:
http://hsgac.senate.gov/
Most Americans Urge for Tougher Lobbying Rules
March 5, 2006
http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/11091
(Angus Reid Global Scan) Many adults in the United States believe the
behaviour of lobbyists in federal politics must be more transparent,
according to the George Washington University Battleground 2006 poll by
Lake Snell Perry and Associates and The Tarrance Group. 87 per cent of
respondents call for greater disclosure by lobbyists about their work and
their level of congressional contacts.
Also, 86 per cent of respondents want greater disclosure by members of
Congress about their contacts and campaign contributions.
In January, lobbyist Jack Abramoff pleaded guilty to conspiracy, fraud
and tax evasion charges as part of a deal to cooperate with a federal
corruption investigation. More than 70 per cent of respondents call for a
broader gift ban, more transparency on congressional pay raises,
increasing the lobbying ban on former members to two years, and changing
the contribution limits on political action committees and individuals.
Last week, the Committee on Homeland Security and Governmental Affairs
said the creation of an independent office to investigate congressional
ethics charges was unnecessary. Republican senator George Voinovich
declared, "The ethics committee is already doing this. Theres no need to
reinvent the wheel."
Polling Data
Support for specific proposals of congressional reform and lobbying
reform
Greater disclosure by lobbyists about their work
and their level of congressional contacts |
87% |
Greater disclosure by members of Congress about
their contact with lobbyists and about campaign
contributions from lobbyists |
86% |
| A broader gift ban |
79% |
| Greater transparency on congressional pay raises |
76% |
Increasing the lobbying ban on
former members to two years |
75% |
Changing the contribution limits on PACs
and individuals |
73% |
Banning lobbying on the floor of the House
and in the House gym |
67% |
| A broader travel ban |
67% |
| Ending earmarks |
59% |
Source: George Washington University Battleground 2006 / Lake Snell
Perry and Associates / The Tarrance Group
Methodology: Telephone interviews to 1,000 registered American voters,
conducted from Feb. 12 to Feb. 15, 2006. Margin of error is 3.1 per cent.
March
01, 2006
Senate
panel approves modest lobby reform proposal
Krystal MacIntyre at 2:51 PM ET
[JURIST] The US
Senate Rules and Administration Committee
[official website] has unanimously approved the
Legislative Transparency and Accountability Act of 2006 [summary, PDF;
committee
materials], which incorporates only modest curbs on privately financed
trips and earmarks. If the bill is passed by the full Senate, it will
require senators to disclose all travel on corporate jets and receive advance
clearance for privately financed trips. The bill also subjects earmarks to a
60-vote threshold. If an earmark, a special-interest provision that
legislators include in bills, is challenged and does not receive 60 votes,
the Senate would strike it from body of the proposed legislation. The bill did
not include strict restrictions proposed by some lawmakers.
This move comes two months after the
Jack
Abramoff [JURIST news archive] corruption scandal and is the first step
towards revising current lobby law. Intense disagreements still remain among
lawmakers as to what changes are necessary, and several
ethics
reform [JURIST news archive] proposals for lobbyists have recently been
introduced.

Lobbyists
oppose plan to reform ethics rules
Krystal MacIntyre at 3:32 PM ET
January
25, 2006
[JURIST] In a US
Senate Committee on Homeland Security and
Governmental Affairs [official website] hearing on
lobbying reform [hearing materials] Wednesday, trade group lobbyists
questioned the need for the new
ethics reform proposal [JURIST report] that would place stricter
regulations on lobbyists and lawmakers. The new regulations were proposed
shortly after Republican
lobbyist
Jack
Abramoff [JURIST news archive]
pleaded guilty [JURIST report] to charges of mail fraud, tax evasion,
and conspiracy to corrupt public officials in connection with bribing
lawmakers to win favors for his clients. The new rules are meant to increase
reporting requirements for lobbyists, limit privately financed trips for
lawmakers, and set more stringent
lobbying restrictions. In testimony before the committee, lobbyists said
the new rules are not necessary, and urged Congress instead to focus on
enforcing existing
ethics rules [House backgrounder]. Public advocacy groups, however, say
that a reform of the rules and regulations surrounding lobbying practices is
necessary in order to prevent lobbyists from buying influence
Lobbyists Urge Congress Not to Overreact on Ethics
Rule Changes
Jan. 25 (Bloomberg) -- Trade group lobbyists told a U.S. Senate committee
today that the investigation into influence peddling involving Jack Abramoff
is an aberration and questioned the need for new ethics rules to regulate
their relationships with lawmakers.
``It is imperative that you do not overreact,'' former Michigan Governor
John Engler, the president of the Washington- based National Association of
Manufacturers, said in prepared testimony to the Senate Homeland Security and
Government Affairs Committee. ``Just as a majority of senators and members of
Congress have always conducted themselves in a legal and ethical manner, so
too have a vast majority of lobbyists.''
The Senate hearing was the first since Abramoff's Jan. 3 guilty plea in
U.S. federal court to conspiracy to corrupt public officials, mail fraud and
tax evasion. He has agreed to cooperate with a U.S. Justice Department
corruption probe. The Republican lobbyist plied lawmakers with free meals,
trips overseas and access to skyboxes at sporting events to win favors for
Indian tribes and other clients.
House and Senate lawmakers of both parties have introduced legislation to
impose new regulations on lobbyists and lawmakers, and the Republican
leadership in both chambers is drafting its own measures. Most of the
proposals would increase reporting requirements for lobbyists, impose
restrictions on privately financed trips for lawmakers and require former
members of Congress to wait two years before they begin lobbying their ex-
colleagues.
`Public Confidence'
``We must act to strengthen the laws governing disclosure and ban practices
that erode public confidence in the integrity of government decisions,'' said
Susan Collins, a Maine Republican who is chairwoman of the committee.
Paul Miller, president of the American League of Lobbyists, questioned
whether any new rules are needed.
``No matter how well-intentioned a reform effort may be, it will be
meaningless to the American people if we first don't begin by talking about
enforcement of the current rules,'' Miller said in his prepared testimony.
``Before we create new ones, therefore, we would urge Congress to undertake a
detailed review of what's currently in place, to see how effective those rules
and regulations would be with enforcement.''
The lobbyists' position contrasts with that of public advocacy groups in
Washington such as Public Citizen and the League of Women Voters which have
called for new limits on lobbyist donations, a ban on lobbyists raising money
for candidates, and the end to lobbyist-funded events honoring members of
Congress, such as those held at the national party conventions.
``Their money has a greater potential to buy influence,'' said Fred
Wertheimer, president of Democracy 21, a Washington- based advocacy group.
``For that reason, we believe a lower contribution limit can be placed on
lobbyists.''
There are currently 27,611 registered lobbyists, according to
PoliticalMoneyLine, a Washington group that tracks money in politics.
To contact the reporter on this story:
Jonathan D. Salant in Washington at jsalant@bloomberg.net.
Senate Panel Approves Modest Curbs on
Lobbyists
WASHINGTON, Feb. 28 Congress took its first step toward revamping lobbying
law on Tuesday, as a Senate committee unanimously approved modest curbs on
privately financed trips and the special-interest provisions known as
earmarks.
But the measure did not include the tough restrictions that some lawmakers
had proposed.
Nearly two months after the
Jack Abramoff corruption scandal rocked Capitol Hill, the 17-to-0 vote in
the Senate Rules Committee demonstrated just how hard it might be to reach
consensus on changes in lobbying law.
Intense disagreements remain, particularly about private and corporate
travel, and they do not always pit Republicans against Democrats.
The Republican-controlled panel, for instance, rejected two proposals
offered by the No. 3 Republican in the Senate, Rick Santorum of Pennsylvania.
One would have required senators to reimburse corporations for travel on their
jets. Senators now pay the equivalent of first-class fares, which generally
cost far less.
The other proposal would have doubled, to two years, the current ban on
former senators' lobbying their colleagues after leaving public office.
Mr. Santorum, asked later whether his colleagues were backing away from
tough changes, said, "To some extent, they certainly did today."
In the House, the Republican leadership is considering a one-year
moratorium on privately financed travel, even though the new majority leader,
Representative John A. Boehner of Ohio, has been cool to the idea.
Mr. Boehner, conducting his first regular briefing with reporters since
being elected leader, said Tuesday that his colleagues wanted time to
determine how to regulate private trips, allowing legitimate fact-finding
excursions to continue while banning lavish junkets.
"There has to be a level of trust between the American people who sent us
here and the Congress," he said, adding that changes in lobbying law were "an
essential first step in what I view as a long process."
The House is likely to take up measures in the next few weeks. The Senate
could act as early as next week.
The measure that the rules panel approved on Tuesday is not the only bill
working its way through the Senate. On Thursday, the Homeland Security and
Government Affairs Committee is to draft its own version.
The chairwoman of that committee, Senator Susan Collins, Republican of
Maine, said she, like Mr. Santorum, advocated reimbursement for corporate
travel.
Another leading Republican, Senator Ted Stevens of Alaska, said such a
provision would make it nearly impossible for him to travel in his state,
where airline service is limited and voters are scattered across a vast
expanse.
The panel chairman, Senator Trent Lott, Republican of Mississippi, said
afterward that he saw Mr. Stevens's point.
"Somebody's got to look at this in a way that deals with reality and makes
sense," Mr. Lott said. "Do we want to artificially make people pay more, which
would force working-class senators not to be able to travel, and the rich guy
to travel at will?"
Under the measure adopted on Tuesday, senators would be required to receive
advance clearance for privately financed trips and would have to disclose all
travel on corporate jets. The measure would bar retiring senators from
negotiating for work with business until their successors had been named or
elected.
The bill tries to rein in earmarks, the pet projects that lawmakers
sometimes insert in bills at lobbyists' behest, by subjecting them to a
60-vote threshold. If an earmark is challenged and does not receive 60 votes,
the Senate would strike it from larger legislation.
The panel did not take up a proposal by Senator Mark Dayton, Democrat of
Minnesota, for new restrictions on the legislative activities of lobbyists who
are elected to Congress. Mr. Lott ruled the proposal out of order, saying it
did not fall under the committee's jurisdiction, and advised Mr. Dayton to
keep working on it.
"This was a good give and take," Mr. Lott said afterward.
Democrats, whose alternative measure was rejected by a party-line vote,
thought there was more give than take. They calculated that it would be better
to vote with Republicans on the rules panel and later press their alternative
when the bill reaches the full Senate. The Democratic leader, Senator Harry
Reid of Nevada, said later that the party-line vote "speaks volumes."

Lobbying
reform bill goes to full Senate absent ethics office provision
Joshua Pantesco at 3:58 PM ET
March 02, 2006

[JURIST] The US Senate Homeland
Security and Governmental Affairs Committee [official website] voted
12-1 Thursday to send a lobbying oversight bill to the full Senate, but the
bill was stripped of a provision establishing an independent office with
oversight over congressional ethics issues. The
Lobbying
Transparency and Accountability Act of 2005 [full draft text; advocacy
group
summary] as approved would expand the definition of a lobbyist to
include grassroots lobbyists, demand quarterly expense reports of all
lobbyists, and require the disclosure of all campaign contributions from
lobbyists to candidates.
Bill co-sponsor Sen. Joe Lieberman
(D-CT) [official website] read a
statement [text] supporting the inclusion of the oversight office
provision within the text of the full Senate bill. He explained:
It would establish, as the Chairman has mentioned, an independent
Office of Public Integrity with a full time executive director with
investigative and subpoena powers and the staff to do a lot more than is
done under the status quo. It would require lobbyists to report their
activities on a quarterly basis, rather than semi-annually, and establish
an electronic database of the information. Our proposal for the first time
would require registered lobbyists to report all their campaign
contributions, as well as other contributions that honor Members of
Congress, all in the interest of full disclosure. And it would increase
from one year to two the amount of time that must pass before a former
Member of Congress or senior executive branch official could lobby his or
her former colleagues. It would also bar Congressional staff from lobbying
the entire Congress for one year.
Lieberman noted that recent scandals involving former lobbyist
Jack
Abramoff [JURIST news archive] had motivated the legislation. During
full Senate hearings on the issue, a combination of an
ethics reform proposal [JURIST report] approved by a separate Senate
committee on Wednesday and the lobbying oversight bill will likely be
considered.
Patriot Act OK'd, ethics watchdog agency is rejected
Strong Senate vote on homeland security gives Bush boost; House to vote next
week
By Mary Curtius and Richard Simon
WASHINGTON // A key Senate committee
rejected yesterday a proposal to create a new agency that would oversee
congressional ethics, dealing a major blow to efforts to give outsiders at
least some authority to police lawmakers' conduct.
The plan to set up an Office of Public Integrity was derailed by the
Homeland Security and Governmental Affairs Committee - despite its sponsorship
by the panel's chairwoman, Republican Sen. Susan M. Collins of Maine, and the
ranking Democrat, Sen. Joseph I. Lieberman of Connecticut.
The measure's 11-5 defeat underscored the growing resistance on Capitol
Hill to sweeping reforms advocated by government watchdog groups and some
lawmakers in the wake of recent political scandals.
Rather than significantly rewrite their rules for conduct, most members of
Congress appear to favor more extensive reporting requirements - mostly for
lobbyists.
Meanwhile yesterday, the Senate also voted overwhelmingly to renew the USA
Patriot Act, after months of pitched debate over legislation that supporters
said struck a better balance between privacy rights and the government's power
to hunt down terrorists.
The 89-10 vote marked a bright spot in President Bush's troubled second
term as his approval ratings dipped over the war in Iraq and his
administration's response to Hurricane Katrina. Renewing the act,
congressional Republicans said, was key to preventing more terror attacks in
the United States.
Critics maintained that the bill is weighted too much toward the interests
of law enforcement.
The House was expected to pass the legislation next week and send it to
Bush, who would sign it before 16 provisions expire March 10.
The failed congressional ethics proposal called for establishing an office
that would operate independently of the existing House and Senate ethics
committees and would have the power to initiate investigations of lawmakers.
But its findings would be turned over to the congressional ethics panels,
whose members would then decide on any penalties.
In yesterday's debate, several senators balked at ceding even limited
oversight power to an outside agency.
"There is no need to reinvent the wheel," said Sen. George V. Voinovich, an
Ohio Republican who led opposition to the proposal. "The Office of Public
Integrity is a solution in search of a problem."
Voinovich is chairman of the Senate Ethics Committee, as well as a member
of the homeland security panel.
After the latter committee scotched the ethics office provision, it
approved legislation that would require lobbyists to provide more detailed
reports on their activities, to file that information more frequently and to
disclose the money they spend to promote the interest of their clients.
The bill also would require lobbyists to list annually the campaign
donations and fund-raising events in which they take part.
Lobbying Reform: An Alligator in Congress?
By:
Brad Smith · Section:
Diaries Feb 23rd, 2006: 09:22:25
From the diaries . . .
The liberal lobbying group Democracy 21 has come out in favor of an
"Office of Public Integrity" to "clean up " Congress. This office will be
"independent," "must receive adequate resources" (whether Congress will be
able to control its budget is unclear) and "should have a professional,
nonpartisan staff led by a publicly credible, professionally experienced
individual."
Steve Hoersting, Executive Director of the
Center for Competitive Politics,
has a little warning tale. See below the fold...
Lobbying Reform: Alligator Emerges From D.C. Swamp
By Steve Hoersting, sitting in for Brad Smith
As a coequal branch of the Federal government, established by the
Constitution, Congress has always taken the responsibility of policing its
own. While there has been scandal over the years, to be sure, the
institution has managed to reform itself over time and to correct many of
its abuses.
But after the Abramoff scandal, even the most innocent Members of
Congress are searching for ways to get the so-called "reform" organizations
to stop calling their institution corrupt. So Democracy 21, one of the
higher profile "reform" organizations in town, has obliged with a plan to
establish a "new, independent Office of Public Integrity in Congress to
oversee and enforce the congressional ethics rules."
The Office's jurisdiction would cover both the House and Senate and would
"have a professional, nonpartisan staff led by a publicly credible,
professionally experienced individual." If you've not met the folks at
Democracy 21 and wonder who they might view as publicly credible or
professionally experienced--and you're a Democrat--picture
Larry Klayman. If you're a Republican, picture ... well,
Larry
Klayman.
The duties of the Office would include advising Members on the
interpretation of ethics rules, investigating potential violations on the
basis of the "Office's own inherent jurisdiction", and presenting cases and
evidence to the ethics committees for decisions of whether violations have
occurred. "The Office must receive adequate resources to effectively carry
out its duties" says Democracy 21, "and funding should be provided on an
entitlement basis ... not by annual appropriations." In other words, once
the Office were established Congress would have no authority to reduce its
budget, and limited ability to replace it with something else, or simply
shut it down.
For many years the Federal Election Commission had just such a "reformer"
as its General Counsel: a
"professionally experienced individual", approved by Democracy 21, who
made his career enforcing "ethics" against others. He's not there anymore,
having since moved on to bigger, more
independent, reform projects. But when he was at the FEC things were
"professional" and "independent." His team of "nonpartisan professionals
helped advise Members of Congress on the meaning of the campaign finance
rules; investigated cases based on the Commission's own inherent
jurisdiction; and presented cases and evidence to the Commissioners for
decisions of whether violations had occurred. His team would administer,
investigate and compile the cases, and draft summaries of all "relevant"
information. They even summarized the respondent's arguments for him, and
submitted that summary to the Commissioners, including in it an assessment
of the overall merits of the case and a recommended course of action. When,
on occasion, a member of a Commissioner's staff would request to see a
document cited in a summary or relied upon by the respondent, the
professionals would suggest the staffer first get support for the request
from a majority of the Commissioner's colleagues; after all, the
professionals were busy doing the work of the People. The "professionally
experienced individual" would review all cases for final edit before sending
them to the Commissioners. If a favorable vote looked unlikely, he would
occasionally withdraw his recommendation until his team could work on the
case further. The case would be resubmitted later, with an additional but
informal recommendation that the Commissioners take no extra time to
consider or investigate the case further, lest the statute of limitations
run. Soon it seemed that nearly all the larger cases, or those with
strained legal theories, were submitted for Commissioners' approval closer
and closer to the statute of limitations.
After a time, several respondents thought the FEC's legal theories were
too far a field and its findings unjust, so they sued. The Commissioners
yielded to the professional's recommendations and supported the litigation.
But in nearly a dozen cases Federal courts overwhelmingly rejected the
professional's theory, culminating in
a case wherein Judge Michael Luttig, writing for the Fourth Circuit,
noted that the FEC's argument--that "no words of advocacy are necessary to
expressly advocate the election of a candidate"--was untenable, contrary to
long-established precedent, and sufficient reason for the Fourth Circuit to
take the highly unusual step of awarding attorneys fees to the respondent.
The professionally experienced individual didn't miss a beat, recommending
that the Commissioners not enforce the rule in the Fourth Circuit but should
enforce it every where it wasn't specifically invalidated, and then extended
his theory to a whole new class of communications. Soon the RNC, the DNC,
the AFL-CIO, several state party committees, a coalition of business
organizations, and the Christian Coalition found themselves in protracted
investigations before the FEC. Each of these entities, every one, was
exonerated, some after six years and subsequent Federal litigation.
So, eventually, the Commissioners stopped taking the recommendation of
its independent professional, and decided it would be better to focus on
tougher enforcement of clear violations. The professional later left the
FEC, and the time it took to resolve cases soon began to decline. Routine
violations were punished more rapidly, but witch-hunts into alleged
"conspiracies" came to a halt. And do you know what happened? The "reform"
community --led by Democracy 21 -- called those Commissioners, of both
political parties,
corrupt.
They called for the resignation of some, and called for a complete remaking
of the institution--perhaps, in the image of a czar, an "independent" one,
of course.
Installing an independent Office of Public Integrity in the halls of
Congress has all of the foresight and feasibility of bringing a pet
alligator into your home. The hatchling's novelty quickly wanes as its
opinion on when and what's for dinner progresses from bellowing
recommendation, to agitating hiss, to threatening roar. No matter how
conscientiously its keeper adjusts or accedes to its needs, the gator seeks
more and still more, until after a time it becomes unclear what if any meal
would satisfy its appetite or for how long. And it becomes even less
clear--to the keeper, anyway--whether the gator is living in your house, or
you're living in his.
www.campaignfreedom.org
Former GOP Lawmaker Gets 8 Years
Cunningham Also Must Pay Back Millions for Bribery and Tax Offenses
By Sonya Geis and Charles R. Babcock
Washington Post Staff Writers
Saturday, March 4, 2006; A01
SAN DIEGO, March 3 -- Former congressman Randy "Duke" Cunningham, a
decorated fighter pilot in Vietnam who admitted taking $2.4 million in
bribes from two defense contractors, was sentenced Friday to eight years and
four months in federal prison for selling his office.
U.S. District Judge Larry A. Burns imposed the sentence after prosecutors
argued for the maximum 10 years and defense attorneys suggested that six
years was enough because Cunningham, 64, is suffering from various physical
ailments, as well as depression. The California Republican resigned from
Congress after pleading guilty to tax evasion and conspiracy to commit
bribery in November.
Appearing much thinner than he did last fall, Cunningham choked up as he
addressed the judge. "No man has ever been more sorry," he said. "I made a
very wrong turn. I rationalized decisions I knew were wrong. I did that,
sir."
Burns said the amount of money Cunningham took "emasculates" previous
bribery crimes. Noting that he, too, raised a family on a government salary,
the judge said he understood wanting "the good things in life." But Burns
added: "You weren't wet. You weren't cold. You weren't hungry, and yet you
did these things."
In a related development, the CIA's inspector general is looking into
whether Kyle "Dusty" Foggo, the agency's executive director and its
third-ranking official, arranged for any contracts to be given to companies
associated with Brent Wilkes, one of the contractors identified as having
made payments to Cunningham. Foggo, a senior intelligence officer handling
complex clandestine contracts, is an old friend of Wilkes from their high
school and college days. The investigation was first reported by Newsweek.
"It is standard practice . . . to look into assertions that mention
agency officers. That should in no way be seen as lending credibility to any
allegation," the CIA said in a statement. "Mr. Foggo has overseen many
contracts in his decades of public service. He reaffirms that they were
properly awarded and administered."
In the San Diego courtroom, Cunningham wiped away tears when his
attorney, K. Lee Blalack II of Washington, referred to the former
congressman's wartime service, which included shooting down five enemy
planes over Vietnam and being shot down himself. "There are men in this
courtroom who are walking around and breathing because Duke Cunningham put
his life at risk," Blalack said.
Blalack said Cunningham already had suffered greatly. "This man has been
humiliated beyond belief by his own hand. He is estranged from those he
loves most and cares most about," Blalack said. "All his worldly possessions
are gone. He will carry a crushing tax debt until the day he dies. He will
go to jail until he's 70 years old."
But prosecutor Jason A. Forge said Cunningham should not get a break,
pointing out that he spent months denying the allegations after they
appeared last June.
"As these crimes are unprecedented, so, too, should be his punishment,"
prosecutor Philip Halpern told the judge. He said that Cunningham "was
squandering precious tax dollars for, among other things, systems the
military didn't ask for, didn't need and frequently didn't use."
The judge recommended the prison term be served in a federal facility
near Bakersfield, Calif. In addition, Burns ordered that Cunningham pay $1.8
million in back taxes and penalties plus $1.85 million in restitution based
on the bribes he received.
Cunningham's greed was unparalleled, according to prosecutors, who
detailed in two pre-sentencing memos what they would have presented at
trial.
One included a detailed list -- with pictures -- of the house, boat,
cars, antiques, rugs and other bribes he took over the past five years. It
contained a copy of a "bribe menu" on Cunningham's personal note card that
signified he would trade $1 million of federal funding for $50,000, and then
offer a discount of $25,000 per million once he had collected $200,000.
In return, Cunningham admitting using his seats on the appropriations and
intelligence committees to earmark funding for programs intended for the
companies of Mitchell J. Wade and Wilkes. He then "bullied and hectored"
Pentagon officials to ensure their firms, MZM Inc. and ADCS Inc., were
awarded federal contracts, the government said.
Wade pleaded guilty Feb. 24 in Washington to four criminal charges
related to the case. Wilkes has not been charged, though prosecutors said
the investigation is continuing.
Thomas E. Mann, an expert on Congress at the Brookings Institution, said
Friday that "we haven't seen anything like" the magnitude and duration of
Cunningham's corruption since the Teapot Dome scandal of the 1920s.
Cunningham was elected to Congress in 1990, a few years after retiring
from the Navy, in which he had been an instructor at the "top gun" school
for fighter pilots and the first ace in the Vietnam War. When the GOP took
over the House in 1995, he used his committee seats to earmark funds for
Wade and Wilkes. Wilkes's company collected at least $80 million in federal
contracts, and Wade's was awarded more than $150 million in the past three
years.
Cunningham's downfall began last June when the San Diego Union-Tribune
reported that Wade had bought the lawmaker's home near San Diego for $1.675
million and sold it months later at a $700,000 loss. Cunningham used the
profits -- after Wade sent him a $115,100 check to pay the capital gains tax
-- to buy a $2.55 million mansion in nearby Rancho Santa Fe. That was
followed by a disclosure that Cunningham was living rent-free while in
Washington on Wade's yacht, the Duke-Stir.
At first, prosecutors said, Cunningham attempted to cover up his crimes
by writing a phony undated letter to Wade offering to pay his loss on the
home sale to "eliminate any negative perception." To explain away rugs and
antiques Wade had bought for him, Cunningham said that his check to the rug
dealer had been lost in the mail, and that he "reminded" the antiques dealer
he had given Wade cash for the purchases, prosecutors wrote.
The dealer recalled no such transaction. The rugs and antiques will be
auctioned off this month to help pay what Cunningham owes the government.
Despite the conviction, Cunningham will get a congressional pension.
Peter Sepp, spokesman for the National Taxpayers Union, estimated that
Cunningham's 15 years in the House will make him eligible for about $36,000
a year. With his 21 years of Navy duty added to that total, his annual
pension would be about $64,400, Sepp said.
Babcock reported from Washington. Staff writer Walter Pincus and
researcher Madonna Lebling in Washington contributed to this report.
Ex-Congressman Gets 8-Year Term in Bribery
Case
SAN DIEGO, March 3 After acknowledging that he had "made a very wrong turn,"
former Representative Randy Cunningham was sentenced in federal court here on
Friday to eight years and four months in prison for taking $2.4 million in
bribes from military contractors in return for smoothing the way for
government contracts.
The government, which called the misconduct unprecedented for its "depth,
breadth and length," said the sentence was the longest ever handed down for a
member or former member of Congress in a federal corruption case.
In a halting, cracking voice before journalists, friends, political
associates and others, Mr. Cunningham, 64, stood before the judge and largely
read from a statement as he pleaded for leniency and, turning to prosecutors,
apologized for his crime.
"I rationalized decisions I knew were wrong," said Mr. Cunningham, a Naval
pilot ace in the Vietnam War and "Top Gun" instructor who parlayed those
experiences into a powerful political career. "Before there must be
forgiveness, there must be redemption. No man has ever been more sorry."
Judge Larry Alan Burns of Federal District Court said the former
congressman's conduct, which prosecutors said included keeping a "bribe menu"
with the prices of influence, undermined faith in government and wasted tax
dollars. In addition to some cash payments, Mr. Cunningham bargained for gifts
like a sport utility vehicle, a Tiffany statue, Bijar rugs and candelabras.
Judge Burns said Mr. Cunningham, an eight-term Republican from Rancho Santa
Fe who represented the northern suburbs of San Diego, could have retired to
business long ago if he wanted to make copious money but instead engaged in
bid rigging and badgering officials and other witnesses to help cover his
tracks.
"You made a wrong turn and continued for three to five years," Judge Burns
said, referring to what prosecutors documented as the period of misconduct. "I
wonder how far you would have gone.
"You undermined the opportunity and option for honest politicians to do a
good job."
The judge rejected Mr. Cunningham's request to delay his arrival in prison
so he could visit his 91-year-old mother, saying Mr. Cunningham had had months
to say his goodbyes.
Judge Burns, in recognition of what Mr. Cunningham's lawyers have described
as his failing health, recommended sending him first to a prison medical
center for evaluation. He also voiced admiration for Mr. Cunningham's war
heroism.
Mr. Cunningham's lawyers had asked the judge for a six-year sentence,
citing his military service and what they called health so failing that he may
have seven years to live. Prosecutors urged the judge to abide by the 10-year
sentence that Mr. Cunningham had agreed to after he pleaded guilty in November
and resigned from Congress. Judge Burns noted that the sentence could be
reduced by 15 months if Mr. Cunningham behaved well in prison.
Prosecutors said they might also seek a reduction if they are satisfied
that he was cooperating with their investigation.
Mr. Cunningham was ordered to pay $1,804,031.50 in restitution for back
taxes, penalties and interest owed to the government and was ordered to
forfeit an additional $1,851,508, based on cash he received in his crimes.
The extent of corruption stunned his constituents and Republican colleagues
on Capitol Hill and, along with the scandal centering on the lobbyist
Jack Abramoff, sparked calls to change lobbying rules. The two
investigations and others involving lawmakers and senior aides have emerged as
major election themes.
Given Mr. Cunningham's focus on funneling federal money to specific
projects in exchange for lobbyists' payoffs, his case put particular scrutiny
on "earmarking," using measures to direct money to favored projects.
Proposals are circulating in the House and Senate to require more
disclosure of the projects and their sponsors and to open opportunities to
strip the earmarks slipped into bills at the last minute.
In the weeks leading up to the sentencing, sharper details of Mr.
Cunningham's crimes emerged. In court papers, the government said he had
behaved like an old ward boss, sketching out a "bribe menu" on a note card
with the Congressional seal. One column offered $16 million in contracts in
exchange for the title to a boat the contractor had bought for $140,000. The
card further detailed how much more contract work could be bought for every
additional $50,000 paid to Mr. Cunningham.
The papers document lavish travel on chartered jets paid by contractors
with catered meals of lobster, wine and "other extravagances." Bribers put him
up at top-of-the-line resorts like the Royal Hawaiian on Oahu, Hawaii and in
the Greenbriar Resort in West Virginia.
Mr. Cunningham, the government said, "bullied and hectored" officials
standing in his way and tampered with witnesses to have them play down or
distort his misdeeds.
The principal co-conspirator in the case, Mitchell Wade, a military
contractor who is the founder and former president of MZM Inc. in Washington,
pleaded guilty last week in federal court to several charges, including giving
Mr. Cunningham $1 million in bribes.
Mr. Cunningham's lawyers in court filings, including a psychiatric report,
portrayed his life as disintegrating, saying ailments had left him with
perhaps seven years to live.
The psychiatric report, by Dr. Saul J. Faerstein of Beverly Hills, Calif.,
said Mr. Cunningham suffered depression and suicidal thoughts, in addition to
a history of prostate cancer and other ailments.
Searching for an explanation for Mr. Cunningham's conduct, Dr. Faerstein
said: "Society needs heroes and wants them to be superheroes. The normal sense
of mortality is suppressed in order to fulfill this role."
After the sentencing, two marshals approached Mr. Cunningham and escorted
him without handcuffs from the courtroom, one of them guiding him by the
waist, patting him on the back and whispering in his ear. Mr. Cunningham will
spend perhaps a week or so in a jail across the street before moving to
prison, said an assistant United States attorney, Phillip L. B. Halpern, who
helped prosecute the case.
On March 23, the government plans to auction some of the antiques that Mr.
Cunningham forfeited after pleading guilty, including French armoires,
candlesticks, nightstands and a glass buffet.
Pro-Israel Lobbying Group
Roiled by Prosecution of Two Ex-Officials
Two former officials of the nation's top pro-Israel lobbying group are
charged with receiving classified information about terrorism.
WASHINGTON, March 4 The annual gathering of the nation's top pro-
Israel
lobbying group, which starts here on Sunday, will be addressed by Vice
President
Dick Cheney and
United Nations Ambassador
John R. Bolton. Politicians are lined up to warn of the threat from Iran
and
Hamas. Workshops will offer advice on winning the legislative game on
Capitol Hill.
But the official program omits a topic likely to be a major
theme of corridor chatter: the explosive Justice Department prosecution of two
former officials of the group, the American Israel Public Affairs Committee,
that is ticking toward an April trial date.
The highly unusual indictment of the former officials, Steven J. Rosen and
Keith Weissman, accuses them of receiving classified information about
terrorism and Middle East strategy from a Defense Department analyst, Lawrence
A. Franklin, and passing it on to a journalist and an Israeli diplomat. Mr.
Franklin pleaded guilty and was sentenced to 12½ years in prison, though his
sentence could be reduced based on his cooperation in the case.
The prosecution has roiled the powerful organization, known as Aipac, which
at first vigorously defended Mr. Rosen and Mr. Weissman and then fired them
last March. And it has generated considerable anger among American Jews who
question why the group's representatives were singled out in the first place.
Aipac would appear to be an unlikely target for the Bush administration; it
is a political powerhouse that generally shares the administration's hawkish
views on the potential nuclear threat from Iran and the danger of Palestinian
militancy. But the case does fit with the administration's determination to
stop leaks of classified information.
Some legal experts say the prosecution threatens political and press
freedom, making a felony of the commerce in information and ideas that is
Washington's lifeblood. Federal prosecutors are using the Espionage Act for
the first time against Americans who are not government officials, do not have
a security clearance and, by all indications, are not a part of a foreign spy
operation.
"The feeling in the Jewish community is one of indignation at Aipac's being
unfairly targeted by federal prosecutors for trying to find out what everyone
in this town is trying to find out what the government is thinking," said
Douglas M. Bloomfield, who was a legislative director of Aipac in the 1980's
and who now writes a syndicated column on American Mideast policy.
As the marquee conference speakers attest, Aipac's clout has not been
visibly diminished by the criminal case. Membership has increased 25 percent
in the last two years to more than 100,000, and the budget has grown to $45
million, the group said. "As always, the organization is completely focused on
its core mission, the strengthening of the U.S.-Israel relationship," said
Patrick Dorton, an Aipac spokesman.
Mr. Bloomfield said he had been told by insiders that the investigation of
Mr. Rosen, director of foreign policy issues at Aipac and an influential
figure there for more than 20 years, and Mr. Weissman, a Mideast analyst with
the group since 1993, had proved a "fund-raising windfall" as donors rallied
to offer their support.
But the case has set off alarms among the policy groups, lobbyists and
journalists who swap information, often about national security issues, with
executive-branch officials and Congressional staff members. They were not
reassured by a remark from the federal judge hearing the case, at Mr.
Franklin's sentencing in January, that the laws on classified information were
not limited to government officials.
"Persons who have unauthorized possession, who come into unauthorized
possession of classified information, must abide by the law," the judge, T. S.
Ellis III, said. "That applies to academics, lawyers, journalists, professors,
whatever."
A January legal brief by lawyers for Mr. Rosen and Mr. Weissman written
in part by Viet D. Dinh, a conservative former assistant attorney general in
the Bush Justice Department argued that the charges were a dangerous effort
to criminalize conduct protected by the First Amendment. That argument gets
fervent support from people who may not share the Aipac officials'
conservative views on foreign policy.
"If receiving and passing on national defense information is a crime, we're
going to have to build a lot more jails," said Steven Aftergood, who runs the
Project on Government Secrecy at the liberal Federation of American
Scientists. "To make a crime of the kind of conversations Rosen and Weissman
had with Franklin over lunch would not be surprising in the People's Republic
of China. But it's utterly foreign to the American political system."
Peter Raven-Hansen, a law professor at George Washington University, said
the case raised several legal issues and undoubtedly would end up in the next
edition of his textbook on national security law.
"Leaving aside the idea that this might chill exchanges with the press,
this is a guaranteed formula for selective prosecution," Mr. Raven-Hansen
said. In other words, he said, so many people have conversations involving
borderline-classified information that the government will not be able to
prosecute them all and will have to pick and choose, raising a fundamental
fairness question.
Justice Department officials will not discuss the case. But in announcing
the indictment of Mr. Rosen and Mr. Weissman in August, Paul McNulty, the
United States attorney for the Eastern District of Virginia, said, "Those not
authorized to receive classified information must resist the temptation to
acquire it, no matter what their motivation may be."
The inquiry dates back to 1999 when, according to the indictment against
Mr. Rosen and Mr. Weissman, they first violated the Espionage Act, which makes
it a crime to possess and disseminate national defense information without
authorization. What remains a mystery is how and when the government first
focused on the Aipac employees, and why they were singled out among the
hundreds of foreign policy advocates in the capital.
Former and current intelligence officials have said the two men may have
stumbled into an American intelligence operation involving electronic
monitoring of Israeli interests in the United States. The indictment includes
what it indicates is a verbatim quotation from an April 1999 conversation Mr.
Rosen had with an official of a foreign country, identified as Israel by
government officials who have been briefed on the case.
Mr. Rosen and Mr. Weissman are accused of orally passing on to a journalist
and to foreign officials classified information about American policy options
in the Middle East, an
F.B.I. report on the Khobar Towers bombing in Saudi Arabia and terrorist
groups like
Al Qaeda.
In August 2002, according to the indictment, the two Aipac officials first
met Mr. Franklin, who supplied them with more information, much of it
involving policy options toward Iran. In pleading guilty, Mr. Franklin said he
did not intend to damage the United States but hoped the two lobbyists would
be advocates for his views within the administration.
(Abbe Lowell, a lawyer for Mr. Rosen, and John N. Nassikas III, who
represents Mr. Weissman, declined to discuss the case.)
Aipac and its former employees have tussled over legal fees. In October,
according to a person who had been briefed about the dispute and who would
describe the delicate negotiations only on condition of anonymity, the group
offered the men about $800,000 apiece to cover legal fees. But they turned
down the offer because it would have required them to give up their right to
sue Aipac, the person said.
Though Aipac is not accused of wrongdoing, some lawyers say a trial could
prove embarrassing for the group, because it could delve into the inner
workings of the organization and the internal roles played by Mr. Rosen and
Mr. Weissman.
"A trial has got to be a concern for Aipac," said Neal Sher, a former
federal prosecutor and a former executive director of Aipac. "You don't know
what might come out. A trial might reveal its inner workings, its dealings
with the government and its dealings with Israel."
Mr. Sher, like other former Aipac officials, said one particularly
sensitive point for the group would be any evidence that it ever acted at the
behest of Israeli officials. Aipac officials have never registered as agents
of Israel and have never been required to, because they have not acted at the
"order, request, direction or control" of Israel, said Philip Friedman, the
group's general counsel.
But the question of dual loyalty, to the United States and to Israel,
became touchy after the investigation was revealed. At last year's conference,
the group broke with tradition and did not sing the Israeli national anthem.
This year, officials have said, the tradition will be restored. Both the
American and Israeli anthems are on the program.
|
Amid AIPAC's Big Show, Straight Talk With a Noticeable
Silence
By Dana Milbank
Tuesday, March 7, 2006; A02
www.washingtonpost.com
Words are seldom minced at the annual meeting of the American Israel
Public Affairs Committee.
During a luncheon speech yesterday at the convention center, Daniel
Gillerman, the Israeli ambassador to the United Nations, shouted a barnyard
obscenity involving a bull when he dismissed the theory that Iran and Hamas
might soften their anti-Israel views. The audience gave Gillerman a standing
ovation.
The undiplomatic diplomat went on to describe a war on radical Islam:
"While it may be true -- and probably is -- that not all Muslims are
terrorists, it also happens to be true that nearly all terrorists are
Muslim."
But ask people at this week's gathering about Steve Rosen, the father of
modern AIPAC, who goes on trial next month for disseminating classified
information, and you get the sort of look you'd expect if you inquired about
an embarrassing medical condition.
"I'm not the person to ask about that," says Nathan Diament, a Washington
representative for Orthodox Jews.
"Who?" responds Neil Cooper, a delegate from the Philadelphia area.
"Rosen? Which one is he?" answers a charity executive, with a smile.
"I need to read more about it," demurs Etan Cohen, a college student.
AIPAC staff members note that, with Iran and the Palestinians to worry
about, the indictments of Rosen and former deputy Keith Weissman have not
been mentioned in any of the group's public meetings so far. And they say
the pro-Israel lobby, unharmed by the Rosen flap, is putting on its biggest
and best show ever this week: 4,500 participants, including more than 1,000
students, paying visits to at least 450 House and Senate offices.
Indeed, the scandal doesn't seem to have slowed down the group. At last
night's dinner, AIPAC set aside 27 minutes for the reading of its annual
"Roll Call" of lawmakers, diplomats and administration officials attending
the gathering. As of midday yesterday, RSVPs had come in from 57 embassies,
from Burundi to Turkey; a score of Bush administration officials; a majority
of the Senate; and a quarter of the House. Even the ambassadors of Pakistan
and Oman supped at AIPAC's table.
Any talk of Rosen is confined to private donor meetings and hallway
conversations -- where opinions are split on AIPAC's decision to turn its
back on Rosen and Weissman.
"I don't like the way AIPAC handled it, hanging them out to dry," said
one West Coast delegate, after delivering an on-the-record no comment. "They
didn't do anything different from what everybody else does in this town
every day."
Rosen and Weissman are the first nongovernment officials to be prosecuted
under the all-but-forgotten Espionage Act of 1917. The law, amended in 1950,
makes it a crime for an unauthorized person even to have classified
information knowingly; if Rosen broke that law, so do hundreds of other
lobbyists and journalists as part of their normal course of business.
The New Yorker magazine reported last year that AIPAC's lawyer, Nathan
Lewin, recommended that the two officials be fired after he heard from
prosecutors about an FBI-recorded telephone call between Rosen, Weissman and
The Washington Post's Glenn Kessler, in which Rosen observed that "at least
we have no Official Secrets Act." Lewin and the prosecutors may not have
realized that the line -- referring to a British law about publishing
classified information -- was a stock joke Rosen used in conversations with
Kessler and other reporters.
AIPAC at first defended Rosen vigorously, then dismissed him in April
over unspecified conduct "beneath the standards AIPAC sets for its
employees." The group has advised members that it has not taken a position
on whether Rosen acted legally.
That nuance was understandably lost on most of the attendees asked about
the matter at yesterday's session. "AIPAC doesn't support passing of state
secrets to Israel, and that's my view, too," said Daniel Rathauser, a high
school senior from New Jersey.
Max Newman, from Michigan, had no complaints, either. "I respect the way
the organization handled it," he said. "What they did was against the policy
of AIPAC."
Exactly what they did should come out in next month's trial. In the
meantime, AIPAC is clamping down on what information it lets out.
Luncheon speeches by former House speaker Newt Gingrich (R-Ga.) and
former Virginia governor Mark Warner (D) were declared off the record. At
another speech yesterday by Republican National Committee Chairman Ken
Mehlman, reporters were turned away at the door; an AIPAC spokeswoman went
through the room making sure no journalists had infiltrated.
At the public sessions, the message was uniform: AIPAC is strong, and
getting stronger. "Thank God for AIPAC," Gillerman told the participants.
"This is for us the greatest guarantee and insurance policy for the survival
of Israel," he added. "Please don't ever change."
As Rosen and Weissman have learned, it already has.
PUBLISHED: SEPTEMBER ISSUE OF "VANITY FAIR" MAGAZINE
TITLE: AN INCONVENIENT PATRIOT
SUBJECT: SIBEL EDMONDS & TURKISH
LOBBY
Published: Aug 5, 2005
By: David Rose
Love of country led Sibel Edmonds to become a translator for the
F.B.I. following 9/11. But everything changed when she accused a
colleague of covering up illicit activity involving Turkish
nationals. Fired after sounding the alarm, she's now fighting for the
ideals that made her an American, and threatening some very powerful
people.
-------
In Washington, D.C., and its suburbs, December 2, 2001 was fine but
cool, the start of the slide into winter after a spell of
unseasonable warmth. At 10 o'clock that morning, Sibel and Matthew
Edmonds were still in their pajamas, sipping coffee in the kitchen of
their waterfront town house in Alexandria, Virginia, and looking
forward to a well-deserved lazy Sunday.
Since mid-September, nine days after the 9/11 attacks, Sibel had been
exploiting her fluency in Turkish, Farsi, and Azerbaijani as a
translator at the F.B.I. It was arduous, demanding work, and Edmonds-
who had two bachelor's degrees, was about to begin studying for her
master's, and had plans for a doctorate-could have been considered
overqualified. But as a naturalized Turkish-American, she saw the job
as her patriotic duty.
The Edmondses' thoughts were turning to brunch when Matthew answered
the telephone. The caller was a woman he barely knew-Melek Can
Dickerson, who worked with Sibel at the F.B.I. "I'm in the area with
my husband and I'd love you to meet him," Dickerson said. "Is it O.K.
if we come by?" Taken by surprise, Sibel and Matthew hurried to
shower and dress. Their guests arrived 30 minutes later. Matthew, a
big man with a fuzz of gray beard, who at 60 was nearly twice the age
of his petite, vivacious wife, showed them into the kitchen. They sat
at a round, faux-marble table while Sibel brewed tea.
Melek's husband, Douglas, a U.S. Air Force major who had spent
several years as a military attachι in the Turkish capital of Ankara,
did most of the talking, Matthew recalls. "He was pretty outspoken,
pretty outgoing about meeting his wife in Turkey, and about his job.
He was in weapons procurement." Like Matthew, he was older than his
wife, who had been born about a year before Sibel.
According to Sibel, Douglas asked if she and Matthew were involved
with the local Turkish community, and whether they were members of
two of its organized groups-the American-Turkish Council (A.T.C.) and
the Assembly of Turkish American Associations (A.T.A.A.). "He said
the A.T.C. was a good organization to belong to," Matthew says. "It
could help to ensure that we could retire early and live well, which
was just what he and his wife planned to do. I said I was aware of
the organization, but I thought you had to be in a relevant business
in order to join.
"Then he pointed at Sibel and said, `All you have to do is tell them
who you work for and what you do and you will get in very quickly.'"
Matthew could see that his wife was far from comfortable: "She tried
to change the conversation to the weather and such-like." But the
Dickersons, says Matthew, steered it back to what they called
their "network of high-level friends." Some, they said, worked at the
Turkish Embassy in Washington. "They said they even went shopping
weekly for [one of them] at a Mediterranean market," Matthew
says. "They used to take him special Turkish bread."
Before long, the Dickersons left. At the time, Matthew says, he found
it "a strange conversation for the first time you meet a couple. Why
would someone I'd never met say such things?"
Only Sibel knew just how strange. A large part of her work at the
F.B.I. involved listening to the wiretapped conversations of people
who were the targets of counter-intelligence investigations. As she
would later tell investigators from the Justice Department's Office
of the Inspector General (O.I.G.) and the U.S. Congress, some of
those targets were Turkish officials the Dickersons had described as
high-level friends. In Sibel's view, the Dickersons had asked the
Edmondses to befriend F.B.I. suspects. (In August 2002, Melek Can
Dickerson called Sibel's allegations "preposterous, ludicrous and
slanderous.")
Sibel also recalled hearing wiretaps indicating that Turkish Embassy
targets frequently spoke to staff members at the A.T.C., one of the
organizations that Turkish Embassy targets frequently spoke to staff
members at the A.T.C., one of the organizations that the Dickersons
allegedly wanted her and her husband to join. Sibel later told the
O.I.G. she assumed that the A.T.C.'s board-which is chaired by Brent
Scowcroft, President George H. W. Bush's national-security advisor-
knew nothing of the use to which it was being put. But the wiretaps
suggested to her that the Washington office of the A.T.C. was being
used as a front for criminal activity.
Sibel and Matthew stood at the window of their oak-paneled hallway
and watched the Dickersons leave. Sibel's Sunday has been ruined.
Immediately and in the weeks that followed, Sibel Edmonds tried to
persuade her bosses to investigate the Dickersons. There was more to
her suspicions than their peculiar Sunday visit. According to the
documents filed by Edmonds's lawyers, Sibel believed Melek Can
Dickerson had leaked information to one or more targets of an F.B.I.
investigation, and had tried to prevent Edmonds from listening to
wiretaps of F.B.I. targets herself. But instead of carrying out a
thorough investigation of her allegations, at the end of March 2002
the F.B.I. fired Edmonds.
Edmonds is not the first avowed national security whistle-blower to
suffer retaliation at the hands of a government bureaucracy that
feels threatened or embarrassed. But being fired is one thing.
Edmonds has also been prevented from proceeding with her court
challenge or even speaking with complete freedom about the case.
On top of the usual prohibition against disclosing classified
information, the Bush administration has smothered her case beneath
the all-encompassing blanket of the "state-secrets privilege"-a
Draconian and rarely used legal weapon that allows the government,
merely by asserting a risk to national security, to prevent the
lawsuits Edmonds has filed contesting her treatment from being heard
in court at all. According to the Department of Justice, to allow
Edmonds her day in court, even at a closed hearing attended only by
personnel with full security clearance, "could reasonably be expected
to cause serious damage to the foreign policy and national security
of the United States."
Using the state-secrets privilege in this fashion is unusual, says
Edmonds's attorney Ann Beeson, of the American Civil Liberties
Union. "It also begs the question: Just what in the world is the
government trying to hide?"
It may be more than another embarrassing security scandal. One
counter-intelligence official familiar with Edmonds's case has told
Vanity Fair that the F.B.I. opened an investigation into covert
activities by Turkish nationals in the late 1990's. That inquiry
found evidence, mainly via wiretaps, of attempts to corrupt senior
American politicians in at least two major cities-Washington and
Chicago. Toward the end of 2001, Edmonds was asked to translate some
of the thousands of calls that had been recorded by this operation,
some dating back to 1997.
Edmonds has given confidential testimony inside a secure Sensitive
Compartmented Information facility on several occasions: to
congressional staffers, to investigators from the O.I.G., and to the
staff from the 9/11 commission. Sources familiar with this testimony
say that, in addition to her allegations about the Dickersons, she
reported hearing Turkish wiretap targets boast that they had a covert
relationship with a very senior politician indeed-Dennis Hastert,
Republican congressman from Illinois and Speaker of the House since
1999. The targets reportedly discussed giving Hastert tens of
thousands of dollars in surreptitious payments in exchange for
political favors and information. "The Dickersons," says one official
familiar with the case, "are only the tip of the iceberg."
It's safe to say that Edmonds inherited her fearless obstinacy from
her father, Rasim Deniz, who died in 2000. Born in the Tabriz region
of northwestern Iran, many of whose natives speak Farsi (Persian),
Turkish, and Azerbaijani, he was one of the Middle East's leading
reconstructive surgeons, but his forthright liberal and secular
opinions brought him into a series of conflicts with the local
regimes. One of Sibel's earliest memories is of a search of her
family's house in Tehran by members of SAVAK, the Shah's secret
police, who were looking for left-wing books. Later, in 1981, came a
terrifying evening after the Ayatollah Khomeini's Islamist
revolution, when Sibel was 11. She was waiting in the car while her
father went into a restaurant for takeout. By the time Deniz
returned, his vehicle had been boxed in by government S.U.V.'s and
Sibel was surrounded by black-clad revolutionary guards, who
announced they were taking her to jail because her headscarf was
insufficiently modest.
"My father showed his ID and asked them, `Do you know who I am?,'"
Sibel says. "He had been doing pro bono work in the slums of south
Tehran for years, and now it was the height of the Iran-Iraq war. He
told them, `I have treated so many of your brothers. If you take my
daughter, next time I have one in my operating room who needs an
amputation at the wrist, I will cut his arm off at the shoulder.'
They let me go."
It was time to get out. As soon as he could, Deniz abandoned his
property and his post as head of the burn center at one of Tehran's
most prestigious hospitals, and the family fled to Turkey.
When Sibel was 17, she wrote a paper for a high-school competition.
Her chosen subject was Turkey's censorship laws, and why it was wrong
to ban books and jail dissident writers. Her principal was outraged,
she says, and asked her father to get her to write something else.
Denis refused, but the incident caused a family crisis. "My uncle was
mayor of Istanbul, and suddenly my essay was being discussed in an
emergency meeting of the whole Deniz tribe. My dad was the only one
who supported what I'd done. That was the last straw for me. I
decided to take a break and go to the United States. I came here and
fell in love with a lot of things-freedom. Now I wonder: was it just
an illusion?"
Sibel enrolled at a college in Maryland, where she studied English
and hotel management; later, she received bachelor's degrees at
George Washington University in criminal justice and psychology, and
worked with juvenile offenders. In 1992, at age 22, she had married
Matthew Edmonds, a divorced retail-technology consultant who had
lived in Virginia all his life.
For a long time, they lived an idyllic, carefree life. They bought
their house in Alexandria, and Sibel transformed it into an airy
spacious haven, with marble floors, a library, and breathtaking views
across the Potomac River to Washington. Matthew had always wanted to
visit Russia, and at Sibel's suggestion they spent three months in
St. Petersburg, working with a children's hospital charity run by the
cellist Mstislav Rostropovich. Sibel's family visited America often,
and she and Matthew spent their summers at a cottage they had bought
in Bodrum, Turkey, on the Aegean coast.
"People said we wouldn't last two years," Sibel says, "And here we
still are, nearly 13 years on. A lot of people who go through the
kind of experiences I've had find they put a huge strain on their
marriage. Matthew is my rock. I couldn't have done it without him."
In 1978, when Sibel was eight and the Islamists' violent prelude to
the Iranian revolution was just beginning, a bomb went off in a movie
theater next to her elementary school. "I can remember sitting in the
car, seeing the rescuers pulling charred bodies and stumps out of the
fire. Then, on September 11, to see this thing happening here, across
the ocean-it brought it all back. They put out a call for
translators, and I thought, Maybe I can stop this from happening
again."
The translation department Edmonds joined was housed in a huge, L-
shaped room in the F.B.I.'s Washington field office. Some 200 to 300
translators sat in this vast, open space, listening with headphones
to digitally recorded wiretaps. The job carried heavy
responsibilities. "You are the front line," Edmonds says. "You are
the filter fro every piece of intelligence which comes in foreign
languages. It's down to you to decide what's important-`pertinent,'
as the F.B.I. calls it, and what's not. You decide what requires
verbatim translation, what can be summarized, and what should be
marked `not pertinent' and left alone. By the time this material
reaches the agents and analysts, you've already decided what they're
going to get." To get this right requires a broad background of
cultural and political knowledge: "If you're simply a linguist, you
won't be able to discern these differences."
She was surprised to discover that until her arrival the F.B.I. had
employed no Turkish-language specialists at all. In early October she
was joined by a second Turkish translator, who had been hired despite
his having failed language-proficiency tests. Several weeks later, a
third Turkish speaker joined the department: Melek Can Dickerson. In
her application for the job, she wrote that she had not previously
worked in America. In fact, however, she had spent two years as an
intern at an organization that figured in many of the wiretaps-the
American-Turkish Council.
Much later, after Edmonds was fired, the F.B.I. gave briefings to the
House and Senate. One source who was present says bureau officials
admitted that Dickerson had concealed her history with the A.T.C.,
not only in writing but also when interviewed as part of her
background security check. In addition, the officials conceded that
Dickerson began a friendship at the A.T.C. with one of the F.B.I.'s
targets. "They confirmed that when she was supposed to be listening
to his calls," says one congressional source. "To me, that was like
asking a friend of a mobster to listen to him ordering hits. She
might have an allegiance problem. But they seemed not to get it.They
blew off their friendship as `just a social thing.' They told
us `They had been colleagues at work, after all.'"
Shortly after the house visit from the Dickersons, Sibel conveyed her
version of the event to her supervisor, Mike Feghali-first orally and
then in writing. The "supervisory language specialist" responsible
for linguists working in several Middle Eastern languages, Feghali is
a Lebanese-American who had previously been an F.B.I. Arabic
translator for many years. Edmonds says he told her not to worry.
To monitor every call on every line at a large institution such as
the Turkish Embassy in Washington would not be feasible. Inevitably,
the F.B.I. listens more carefully to phones used by its targets, such
as the Dickersons' purported friend. In the past, the assignment of
lines to each translator has always been random: Edmonds might have
found herself listening to a potentially significant conversation by
a counter-intelligence target one minute and an innocuous discussion
about some diplomatic party the next. Now, however, according to
Edmonds, Dickerson suggested changing this system, so that each
Turkish speaker would be permanently responsible for certain lines.
She produced a list of names and numbers, together with her proposals
for dividing them up. As Edmonds would later tell her F.B.I. bosses
and congressional investigators, Dickerson had assigned the American-
Turkish Council and three other "high-value" diplomatic targets,
including her friend, to herself.
Edmonds found this arrangement very questionable. But she says that
Dickerson spent a large part of that afternoon talking with Feghali
inside his office. The next day he announced in an e-mail that he had
decided to assign the Turkish wiretaps on exactly the basis
recommended by Dickerson.
Like all his translators, Edmonds was effectively working with two,
parallel lines of management: Feghali and the senior translation-
department bosses above him, on one hand, and, on the other, the
investigators and agents who actually used the material she
translated. Early in the new year, 2002, Edmonds says, she discovered
that Dennis Saccher, the F.B.I.'s special agent in charge of Turkish
counter-intelligence, had developed his own, quite separate concerns
about Dickerson.
On the morning of January 14, Sibel says, Saccher asked Edmonds to
come into his cramped cubicle on the fifth floor. On his desk were
printouts from the F.B.I. language-department database. They showed
that on numerous occasions Dickerson had marked calls involving her
friend and other counter-intelligence targets as "not pertinent," or
had submitted only brief summaries stating that they contained
nothing of interest. Some of these calls had a duration of more than
15 minutes. Saccher asked Edmonds why she was no longer working on
these targets' conversations. She explained the new division of
labor, and went on to tell him about the Dickersons' visit the
previous month. Saccher was appalled, Edmonds says, telling her, "It
sounds like espionage to me."
Saccher asked Edmonds and a colleague, Kevin Taskasen, to go back
into the F.B.I.'s digital wiretap archive and listen to some of the
calls that Dickerson had marked "not pertinent," and to re-translate
as many as they could. Saccher suggested that they all meet with
Feghali in a conference room on Friday, February 1. First, however,
Edmonds and Taskasen should go to Saccher's office for a short pre-
meeting-to review their findings and to discuss how to handle
Feghali.
Edmonds had time to listen to numerous calls before the Friday
meeting, and some of them sounded important. According to her later
secure testimony, in one conversation, recorded shortly after
Dickerson reserved the targets' calls for herself, a Turkish official
spoke directly to a U.S. State Department staffer. They suggested
that the State Department staffer would send a representative at an
appointed time to the American-Turkish Council office, at 1111 14th
St. NW, where he would be given $7,000 in cash. "She told us she'd
heard mention of exchanges of information, dead drops-that kind of
thing," a congressional source says. "It was mostly money in exchange
for secrets." (A spokesperson for the A.T.C. denies that the
organization has ever been involved in espionage or illegal payments.
And a spokesperson for the Assembly of Turkish American Associations
said that to suggest the group was involved with espionage or illegal
payments is "ridiculous.")
Another call allegedly discussed a payment to a Pentagon official,
who seemed to be involved in weapons-procurement negotiations. Yet
another implied that Turkish groups had been installing doctoral
students at U.S. research institutions in order to acquire
information about black market nuclear weapons. In fact, much of what
Edmonds reportedly heard seemed to concern not state espionage but
criminal activity. There was talk, she told investigators, of
laundering the profits of large-scale drug deals and of selling
classified military technologies to the highest bidder.
Before entering the F.B.I. building for their Friday meeting with
Saccher, Edmonds and Taskasen stood for a while on the sidewalk,
smoking cigarettes. "Afterwards, we went directly to Saccher's
office," Edmonds says. "We talked for a little while, and he said
he'd see us downstairs for the meeting with Feghali a few minutes
later, at nine A.M." They were barely out of the elevator when
Feghali intercepted them. He didn't know they had just come from
Saccher's office.
"Come on, we're going to start the meeting," he said. "By the way,
Dennis Saccher can't be there, He's been sent out somewhere in the
field." Later, Edmonds says, she called Saccher on the internal
phone. "Why the hell did you cancel?" she asked. Bewildered, he told
her that immediately after she and Taskasen had left his office
Feghali phoned him, saying that the conference room was already in
use, and that the meeting would have to be postponed.
Edmonds says Saccher also told her that he had been ordered not to
touch the case by his own superiors, who called it a "can of worms."