Wednesday, July 18, 2007

Details on Randy "Duke" Cunningham's corruption and that of the Republican Party

How crooked was Randy "Duke" Cunningham, the most corrupt Congressman ever imprisoned? What did Brent Wilkes, Mitchell Wade, and the Greek mystery man, Thomas Kontogiannis, get for their bribes? Cunningham has been talking to the FBI and other feds from his prison cell in Tuscon where he is serving the longest prison sentence ever given to a sitting Congressman. The San Diego Union Tribune has just published a story with some of the bigger answers. George E. Condon Jr. and Marcus Stern of COPLEY NEWS SERVICE reported on two days of FBI interviews with Cunningham in February, 2007. The currently indicted Brent Wilkes, who is currently awaiting trial for bribery charges will be less than happy at the information.

Here are some highlights from the story:
Cunningham was able to promote defense contracts for favored companies through the use of legislative “earmarks,” provisions lawmakers could slip anonymously into spending bills without debate, discussion or disclosure that benefit interests in their districts or their political supporters Wilkes has said a $100,000 payment he made to Cunningham in 2000, was not a bribe, but instead was to purchase Cunningham's river yacht, the Kelly C.

“Cunningham said that there was never a sale,” said the FBI report. “Cunningham stated that he and Wilkes created the cover story of a boat sale to explain, if anyone ever found out and asked, his receipt of $100,000 from Wilkes.” Cunningham told investigators that Wilkes fully understood that there would be “no actual change in ownership” of the yacht. The two men agreed to divide the $100,000 into two checks because both “felt that the smaller checks might be less noticeable.”

The documents show that Cunningham had first asked Wilkes for $550,000.

“Wilkes said no to the $550,000 but then countered with an offer of $100,000 if Cunningham would ensure that the support and earmarks would continue to happen. Cunningham promised Wilkes that he would 'fight like hell' for Wilkes/ADCS.”

The FBI report made the point that Cunningham was clear about the quid pro quo:

“Cunningham stated that, by 2000, he had already been receiving numerous benefits from Wilkes that included such things as vacation trips, liquor, cash/maintenance money. According to Cunningham, in return for these benefits, he had been helping Wilkes/ADCS in their efforts to secure government contracts.”
This also sheds light on two other individuals known to be involved with bribing Cunnigham.
His [Cunningham's] admissions to the investigators – who were from the FBI, the Internal Revenue Service, the U.S. attorneys' office and the Defense Criminal Investigative Service – also shed light on the actions of others implicated in the scandal.

They include Mitchell Wade, president of MZM, Inc. in Washington, who pleaded guilty in the case but has not yet been sentenced, and Thomas Kontogiannis, a New York developer accused of laundering the bribe money.

Kontogiannis pleaded guilty to providing $1.1 million in mortgages to Cunningham for a Rancho Santa Fe mansion, even though he knew the house was purchased with proceeds from illegal activity. The plea was made in February but was not made public until last month. [Snip]

Cunningham was well placed steer military intelligence contracts to Wilkes and Wade because he was on the House defense appropriations subcommittee and the House Permanent Select Committee on Intelligence.
The story also provides more information on what the mystery man, Kontogionnis, did and what he was after from Cunningham. This further information comes from a 75-page affidavit filed by the FBI in support of a search warrant.
The FBI stated that:
  • More than $1 million in bribes were laundered by being sent to Kontogiannis instead of going directly to Cunningham. Investigators identified at least 70 separate bank accounts maintained by Kontogiannis at only one bank.
  • Despite all his many businesses, Kontogiannis has not filed a tax return since 2001.
  • For the first time, investigators shed light on what Kontogiannis expected to get from Cunningham – help on a potential sale of fighter jets to his native Greece.
This was part of what the Department of Justice and President Bush were covering up when they fired Carol lam. The two following links provide more details and links.
Connections to the U.S. Attorney Purge

Today’s story tells of how and why Cunningham was bribed, but reading between the lines it suggests some of the links to the firing of San Diego U.S. Attorney, Carol Lam. U.S. Attorney Lam successfully prosecuted Cunningham, and as she was leaving her job after being fired, indicted two of the bribers, Wade and Wilkes, as well as the number three official at the CIA, Dusty Foggo. This story sheds a good deal of light into Wades and Wilkes.

This story sheds no real light into the case against the indicted CIA official, Dusty Foggo, however. The details of the connection of Foggo to this story seems to be concealed by the classified status of his work at the CIA, but the report that would declassify the relevant information is bottled up in Congress. SeeInformation on the "Foggo" part of the story is probably in the internal investigation of the House Intelligence Committee (on which Cunningham sat) which has been bottled up by the former House intel committee chairman, Peter Hoekstra (R-MI) and its current chairman, Silvestre Reyes (D-Tx). That report must have a good deal of additional information that supplements the currently reported information on the effects of bribing “Duke” Cunningham. [h/t to Laura Rozen.]

This story also sheds some light on how the related corruption investigations of Rep. Lewis (CA - R) and Rep. John Doolittle (CA - R) were sidetracked or slowed by the Republican politician through the Department of Justice and the White House. Besides the firing of U.S. Attorney for San Diego, Carol Lam, U.S. Attorney Debra Yang of Los Angeles (investigating Rep Lewis) was hired by Lewis' attorneys for an astounding $1.5 million up-front bonus and a partnership. Until Debra Yang took the offered bribe job, she was apparently on the list to also be fired on Pearl Harbor Day of 2007. This connection has not been adequately investigated or reported yet.

The broader corruption of the Republican Party

"Duke" Cunningham's corruption, while extreme, is not unique to the Republican Party. The only question remaining on William Jefferson (LA-D) is when the indictments will be filed. But Jefferson’s case is a single situation, one which has not brought out every defensive measure of the Democratic political party to which he professes allegiance. What is unique, and is demonstrated by the Cunningham case, is the list of extreme and frequently criminal measures the Republican Party has taken to bottle up and even derail the investigations and protect their own.

Rep. Daryll Issa (CA-R), also from San Diego, sent a letter to U.S. Attorney General complaining about U.S. Attorney Carol Lam in an effort to get her to back off the Cunningham investigation. The timing of his action suggests that it was triggered by U.S. Attorney’s indictment of Cunningham. Interestingly, Issa's letter was supported by Duke Cunningham, Jerry Lewis, Richard Pombo, John Doolittle, Duncan Hunter, and Bill Thomas, Republican politicians who were threatened by Lam-led investigations. There is little doubt that Issa's complaint was a factor in getting Carol Lam fired. Whether Issa also complained to the White House is not at this time known. He certainly worked to sidetrack investigations into his fellow Republicans.

A similar complaint from Sen. Pete Domenici (NM-R) to the Attorney General (and to the White House) led to the firing of U.S. Attorney for New Mexico David Iglesias. (see also Domenici Says He Contacted Prosecutor.) Then there is the case of U.S. Attorney of Arizona Paul Charlton who was similarly removed as part of the Dec 7, 2006 firing. He was investigating Rep. Rick Renzi, Republican of Arizona. Several other of the U.S. Attorney's fired on Peal Harbor Day, 2006 were involved in similar investigations of Republican corruption.

Clearly Alabama Gov. Don Siegelman was not similarly protected from the powers of the Republican-controlled U.S. Department of Justice.
Siegelman, a Democrat, was convicted last year of bribery and other charges. He began serving a seven-year prison sentence last month.

Democrats have long maintained that his prosecution was politically motivated, and recent allegations that White House officials were steering decisions at the Justice Department have added weight to the claims.

Last month, a GOP lawyer who once worked on the campaign of Republican Gov. Bob Riley signed a sworn affidavit saying she overheard conversations among campaign officials in 2002 suggesting that the White House was involved in Siegelman's prosecution. She has offered to testify to any investigative agency or in court.
Karl Rove has been directly connected to pushing the prosecution of Gov. Siegelman.

The documents in these cases all show that the Department of Justice under Alberto Gonzales was the action agency in the removals of the U.S. Attorneys, but it is clear that the White House (See also ”White House Backed U.S. Attorney Firings, Officials Say “.) was very involved and certainly approved the actions, if not instigating them. There isn't much documentary proof of this, but that is because the White House has been very careful not to leave documentary evidence. This explains why over 50 top White House officials used emails provided by the Republican National Committee rather than the official White House emails which, by law, must be archived and cannot be destroyed. Since documentary evidence is so sparse, the key to finding out how involved the White House had been will be testimony by top White House officials. Recently resigned White House Counsel Harriet Miers certainly knows exactly how involved the White House was. That is why the White House has to fight to keep her from testifying. U.S. Attorney Alberto Gonzales and "Scooter" Libby are also likely to be able to provide the evidence that proves how crooked George Bush, Karl Rove and Dick Cheney have been. That is the core of the battle against this White House, and that is what the Republican Party as an organization is corruptly attempting to prevent investigations of corrupt Republican Party politicians while pushing for selective prosecutions for purely political reasons against Democratic Party officials or for officials in Democratic administrations.

The testimony from Randy "Duke" Cunningham is going to be a real blow to the Republican Party. As corrupt as Cunningham was, the Republicans generally have provided a network of support to protect him and others like him. This goes far beyond just one man. It is the entire Republican Party. It has become a criminal enterprise rather than a political party.


Talking Points Memo provides links to

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