KY Election Officials Arrested, Charged With ‘Changing Votes at E-Voting Machines’

March 26th, 2009

By Brad Friedman
Those of us who have demanded transparent voting systems because we understand that only the ability for complete citizen oversight and transparency can effectively counter those who would game elections, have been disingenuously criticized over the years as somehow questioning the integrity of the hard-working, honest election officials out there.
The fact is, those who know anything about computer security understand that it is the insiders who are, by far, the greatest threat to security on such systems, as even the phony, GOP-operative-created Baker/Carter National Election Reform Commission determined in its final report: “There is no reason to trust insiders in the election industry any more than in other industries.”
The best election officials in the country, however, will underscore that point, and agree that there is no reason any citizen should ever have to simply “trust” them.
Over the years, we’ve detailed the arrests and other unsavory behavior of many of the not-so-good election officials who, we were told, should simply have been trusted (our “favorite” has always been the case of Monterey CA’s Tony Anchundo, who told us on air we should “trust” him, just a month or two before being arrested on 43 counts). Well, now we’ve got a whole passel of still more crooked officials to add to the list. Moreover: The Kentucky officials arrested and indicted today, “including the circuit court judge, the county clerk, and election officers” of Clay County, have been charged with “changing votes at the voting machine” and showing others how to do it!

From Lexington, Kentucky’s NBC affiliate this afternoon:
Five Clay County officials, including the circuit court judge, the county clerk, and election officers were arrested Thursday after they were indicted on federal charges accusing them of using corrupt tactics to obtain political power and personal gain.
The 10-count indictment, unsealed Thursday, accused the defendants of a conspiracy from March 2002 until November 2006 that violated the Racketeering Influenced and Corrupt Organizations Act (RICO). RICO is a federal statute that prosecutors use to combat organized crime. The defendants were also indicted for extortion, mail fraud, obstruction of justice, conspiracy to injure voters’ rights and conspiracy to commit voter fraud. According to the indictment, these alleged criminal actions affected the outcome of federal, local, and state primary and general elections in 2002, 2004, and 2006. The article goes on to list some of the criminal actions listed in the indictment. Among them [emphasis added]:

* Clay County Clerk, Freddy Thompson, 45, allegedly provided money to election officers to be distributed by the officers to buy votes and he also instructed officers how to change votes at the voting machine.
* Election officer William E. Stivers, 56, allegedly marked votes or issued tickets to voters who had sold their votes and changed votes at the voting machine.
* Paul E. Bishop, 60, allegedly marked voters or issued tickets to voters who sold their votes and he also hosted alleged meetings at his home where money was pooled together by candidates and distributed to election officers, including himself. He was also accused of instructing the officers how to change votes at the voting machine.
In addition to the absurd charge that those of us who believe in transparency are unduly “attacking” election officials, the latest PR line from e-voting vendors, and election officials alike, is that there is no proof that any election has ever been manipulated electronically. Setting aside that we disagree — wholeheartedly — with that oft-used bit of propaganda, the above indictments would seem to give us a very specific allegation of exactly that, manipulation of electronic votes. Clay County uses the horrible ES&S iVotronic system for all of its votes at the polling place. The iVotronic is a touch-screen Direct Recording Electronic (DRE) device, offering no evidence, of any kind, that any vote has ever been recorded as per the voter’s intent. If the allegations are correct here, there would likely have been no way to discover, via post-election examination of machines or election results, that votes had been manipulated on these machines. ES&S is the largest distributor of voting systems in America and its iVotronic system — which is well-documented to have lost and flipped votes on many occasions — is likely the most widely-used DRE system in the nation. It’s currently in use in some 419 jurisdictions in 18 states including Arkansas, Colorado, Florida, Indiana, Kansas, Kentucky, Missouri, Mississippi, North Carolina, New Jersey, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Wisconsin, and West Virginia.

FURTHER UPDATE: Having now reviewed the indictment, as linked above, here are some additional details on the alleged conspiracy which included election fraud though the buying and selling of votes to be cast in a certain way, with the aid of one of the defendants who served as a poll worker during the Early Voting period. Also, at the polling place on Election Day with aid of poll workers, drafted as both Democratic and Republican judges, to elect a slate of candidates — some of them bribed — the conspirators would manipulate the votes of “qualified voters” at the voting machines themselves. Many of the voters, it seems, had no idea that their votes were manipulated after they’d left the touch-screen voting machine. While the Early Voting scheme involved finding voters who might wish to be paid to have their vote cast a certain way, the Election Day scheme, carried out in primary and general elections in at least 2004 and 2006, was accomplished by taking advantage of a “feature” on all DRE (usually touch-screen) voting systems and “voter unfamiliarity with new voting machines.” Essentially, they tricked voters into leaving the ‘booth’ after pressing the “Vote” button on the ES&S iVotronic. That button, does not actually cast the vote, as one might think (and as these voters were told), but instead, it brings up a review screen of the voter’s “ballot.” Instructing the voters that they were done, the conspirators then, after the voter had left, would change the voters’ votes as they saw fit, before finally pressing the “Cast Ballot” button.

Here’s the explanation of how they did this on Election Day, according to the indictment:
* It was part of the conspiracy that the Defendants and their co-conspirators agreed to take advantage of voter unfamiliarity with new voting machines by misleading voters as to the mechanics of casting their votes once they were selected.
* It was part of the conspiracy that WW serve as the Democrat election judge in the Manchester Precinct. It was further part of the conspiracy that CW serve as the Republican election judge in the Manchester Precinct. Both WW and CW were instructed by Defendants Freddy W. Thompson and Charles Wayne Jones to tell voters that when they had pushed a button labeled “Vote” that their votes had been cast, when, in fact, that function merely provided a review screen of the voter’s selections in each race, and that the further step of pushing the “Cast Ballot” button was required. This review screen gave the voter the opportunity to change any candidate selections prior to casting the ballot.
* It was part of the conspiracy that when the misled voters left the voting booth after pushing the “Vote” button, WW and/or CW entered the booth, changed their votes to candidates selected in part by Defendant Russell Cletus Maricle and cast the ballot by pushing the “Cast Ballot” button.
As mentioned, the voters in question were all “qualified voters”. The fraud could not have been accomplished without the conspiracy carried out with the aid of the insiders at the polling place, who changed election results on the voting machines, as needed.
“Many of the qualified voters duly voted for one or more of the aforesaid candidates and their votes were counted and certified as part of the total number of votes cast for such candidates,” the indictment reads. “Other voters had their votes destroyed by the Defendants and their co-conspirators.” The Early Voting scheme, which included vote buying and selling, also required the aid of insiders, stationed at the early voting location:
* It was part of the conspiracy that the Defendants discussed and agreed to buy votes also during the early voting of absentee voters in favor of “the slate.” This plan involved having Defendants William E. Stivers, William B. Morris, and Debra L. Morris pay absentee voters for their vote and then sending them to Defendant Charles Wayne Jones who was acting as operator of the voting machine at the Clay County Clerk’s Office. Voters who sold their votes were given a mark or otherwise told to signal to the Defendant Charles Wayne Jones by Defendants William E. Stivers, William B. Morris, or Debra L. Morris and, based upon the mark andior signal, Defendant Charles Wayne Jones would cast their vote for “the slate.”
* It was part of the conspiracy that the Defendants discussed and agreed that in order to implement the method of corrupting the voting process described above, it would be necessary to cause to be appointed as precinct workers for both major parties persons who were in the conspiracy. It was further necessary that their assignment to respective precincts be coordinated so that no one outside the conspiracy would be in place to observe their actions.
* Over numerous days during on or about a date in January 2006 to on or about November 7,2006, a list of voters who agreed to sell their votes was compiled by Defendants Russell Cletus Maricle and William E. Stivers and other co-conspirators made
arrangements with these persons for voting and payment. On numerous occasions, voters were brought to the courthouse during normal voting and the early voting period for absentee voters and paid to vote for candidates on “the slate” by Defendants William E. Stivers, William B. Morris, and Debra L. Morris.
* On or about May 16,2006, and November 7,2006, Defendants William E. Stivers, William B. Morris, and Debra L. Morris paid voters to vote for members of “the slate,” as described above. They informed these voters to ask for assistance from selected precinct workers who then took them into the voting booth and selected the votes for them.

Of course, to accomplish all of this, the defendants had to be able to draft poll workers who would do what they needed. Three of the named defendants, circuit court judge Russell Cletus Maricle, Clay County Superintendent of Schools Douglas C. Adams, and election officer Charles Wayne Jones, all had among their powers on the election board the ability to “exert influence over the selection of precinct workers” for local elections. Election officer Jones, it’s alleged, is the one who “instructed other election officials…how to change votes at the voting machines.” “Part of the scheme to defraud,” according to the indictment, also included that “defendants instructed election officers to assist the voters who sold their votes and to destroy voter assistance forms which may have resulted so as to not report the number of people they assisted at the voting polls as required by law.”
So will the voting machine company representatives out there (and that includes many election officials who have forgotten for whom they work) continue to report that no election has ever been manipulated via an electronic voting system?…

Old problems resurface in earmark rules

March 19th, 2009

WASHINGTON – The fight over earmarks is not over. For all of President Obama’s promises of reform, a close look at just three of the more than 9,000 earmarks contained in the $410 billion spending bill that he signed last week shows just how hard it will be to clamp down on lawmakers’ pet projects. Take Catalyst Renewables, an energy company that failed to win a $30 million grant from the federal government last year but got a $500,000 earmark courtesy of New York lawmakers.
Or PPG Industries, a manufacturing conglomerate based in Pittsburgh that received nearly $1.2 million to develop windows that double as solar panels, which lawmakers promoted as a one-of-a-kind initiative even though the company has many competitors.
Or the $190,000, secured by Senator Mary L. Landrieu, Democrat of Louisiana, for a community center in New Orleans to be built by a nonprofit group founded by her brother, allocated even though the project is defunct.

Billions of dollars in earmarks
The three projects represent just a tiny fraction of the billions of dollars in earmarks in the bill, but they help illustrate why critics continue to demand more restraints and how new rules announced by Democrats on Capitol Hill and embraced by Mr. Obama might serve to block some initiatives but not others. They also help explain why the larger struggle over who decides how tax dollars are spent — Congress, the Obama administration, or state and local officials — will not be resolved anytime soon, making “Congressionally directed spending” the favorite new euphemism on Capitol Hill, even as earmarks remain a small part of overall federal spending. The earmarks in the bill approved last week totaled between $3.8 billion and more than $12.8 billion depending on how the projects are defined, or roughly 1 to 3 percent of the overall spending. The new rules seek to curb the most blatant abuses of the earmark process by requiring competitive bidding for any money that lawmakers want to direct to a for-profit company. The regulations also require a 20-day review of all earmarks by the relevant federal agency. Lawmakers and agency officials, though, say it might be impossible for agencies to review thousands of projects in such a tight time frame, and at such an early stage of the appropriations process.

Supporters defend the new requirements
Supporters, including the House Appropriations Committee chairman, Representative David R. Obey, defend the new requirements, saying they will bring further accountability on top of a 2007 ethics law that required the disclosure of all earmarks and their sponsors. Mr. Obey, a Wisconsin Democrat, and others say the competitive bidding rules will allow members of Congress to earmark money for a purpose but not necessarily for a specific for-profit recipient. Critics warn that earmarks can be written in such a way that only a specific recipient can win. A company like Catalyst Renewables, which has its headquarters in Dallas but also has offices in upstate New York, would have had to clear more hurdles to get the $1 million it has received — $500,000 allotments in the last two years — from New York’s Congressional delegation, including Representative John M. McHugh, a Republican who was a sponsor of both earmarks. The company, competing with others last year, failed to obtain a $30 million grant from the Energy Department to build a biorefinery. The company was told that it had not provided sufficient data to win the money. Eric L. Spomer, president of Catalyst Renewables, said the earmark process allowed lawmakers to recognize merit, and finance a smaller aspect of the company’s operations, even though agency officials would not finance the new plant. “We’re a small company and we don’t have a budget for R & D,” Mr. Spomer said. “We knew what we needed to do, but it was a question of where are we going to get the money.”

Worthwhile is in the eye of the beholder
New York lawmakers insist the Energy Department was wrong to deny the grant money. And Mr. Spomer conceded that under a competitive system the company might not have received its earmark either. “Worthwhile,” to be sure, is in the eye of the beholder. When officials at PPG Industries pitched lawmakers for help with their effort to build solar-panel windows, Representative Mike Doyle, Democrat of Pennsylvania, said he recognized a winner. “Nobody else in the world does this work,” declared Mr. Doyle, who sponsored a $1.2 million earmark for PPG. But Covalent Solar, a Massachusetts start-up founded by researchers at M.I.T., said it was one of several companies working to develop nearly identical technology and would eagerly bid for federal money if given the chance. “We would immediately submit a proposal,” said the company’s president, Jon Mapel. Mr. Doyle, who just completed six years on the House ethics committee, said he had long published his earmark requests and would proudly defend his efforts to support businesses in his district. He said that the Energy Department already oversees the program that will direct the money to PPG, making the 20-day review superfluous, and that competitive bidding would be mostly pointless. “If this makes people feel better, go ahead and do it,” Mr. Doyle said. He said he was unaware of competitors who were working on similar technology, but suggested they might not have the track record with the Energy Department that PPG did.

Critics: Focus on local interests is problem
Critics of earmarks say Mr. Doyle’s focus on local interests represents a major problem. “This is Congress picking the winner that happens to be in the lawmakers’ district, rather than unleashing America’s promise and saying, ‘Here’s the problem, here’s what we are trying to fund, and let companies across America see if they can actually meet that need,” said Steve Ellis, a spokesman for Taxpayers for Common Sense, a group that tracks and opposes earmarks. Mr. Mapel said he worried that bigger, more established companies had an unfair advantage in the earmark process. In its quest for earmarks, PPG was represented by the PMA Group, a lobbying firm being investigated by the F.B.I. for its role in directing campaign contributions to lawmakers who provided millions of dollars in earmarks for the firm’s clients. In a written statement, a PPG spokesman said the company had reviewed the matter and found no evidence of misconduct. Even earmarks for nonprofits can be complicated, as evidenced by the $190,000 secured by Ms. Landrieu for the Lake Area Community Center, a nonprofit group founded by her brother Martin. Ms. Landrieu, in an interview, said she had been aware of her brother’s support for the center but not that he personally had incorporated the nonprofit group. Still, she said, she would have backed the earmark. The project does not seem to violate ethics rules that bar senators from requesting earmarks in which they or an immediate family member has a “pecuniary interest.” It is unclear if a 20-day review by the Department of Housing and Urban Development would have found that the project was defunct and kept it out of the budget bill.
“That project is not off the ground at all,” Mr. Landrieu said in an interview. “There is no funding for it, other than the federal money that has been talked about.” Officials said that projects could always fall apart, and that agencies routinely verified the status of recipients before releasing money. Ms. Landrieu’s office said HUD would not be likely to release money for the project.

Unfair to suggest special treatment?
Mr. Landrieu said it would be unfair for critics to suggest special treatment. “To put the message out or to suggest that you know an earmark is set aside because I was involved in something is a little bit misleading,” he said. “Mary, as my sister, and as a U.S. senator, was extremely interested in helping that neighborhood to recovery, not just that neighborhood but every neighborhood in New Orleans.” Ms. Landrieu said that she supported further reform of the earmark process but that lawmakers often had a better grasp of local needs than agency officials in Washington. “We have to be careful about just jumping to the conclusion that agencies know better and that federal bureaucrats who have never stepped in a place know better than officials who have literally campaigned there door to door,” the senator said. “On the other hand, there have been some gross abuses to the system.”

This story, “Old Problems Resurface in New Earmark Rules,” first appeared in The New York Times.

Change? What change? 8,500 earmarks and $8 Billion in Waste

March 10th, 2009

The House on Wednesday passed a $410 billion omnibus spending bill packed with pet projects requested by Democrats and Republicans alike. The 245-to-178 vote came just a week after President Obama signed one of the largest spending bills in the nation’s history, a $787 billion measure meant to rejuvenate a sluggish economy. The new bill, a reflection of Democratic priorities, increases spending on domestic programs by an average of 8 percent in the current fiscal year, which began in October. On Thursday, Mr. Obama is scheduled to send his budget for the next fiscal year to Congress. He did not take a formal position on the bill passed by the House. “It’s a big document,” a White House official said. “We are still reviewing it.” Republicans, however, did not mince words in describing the spending bill as wasteful. And one watchdog group said the bill provided nearly $8 billion for more than 8,500 pet projects favored by lawmakers, including $1.7 million for a honey bee laboratory in Weslaco, Tex.; $346,000 for research on apple fire blight in Michigan and New York; and $1.5 million for work on grapes and grape products, including wine. Representative John Fleming, Republican of Louisiana, said Mr. Obama’s call for fiscal responsibility, in a speech to a joint session of Congress on Tuesday, was “sandwiched between two wasteful spending bills.” Representative Mark Steven Kirk, Republican of Illinois, pointed out that the new bill came just two days after the White House held a forum to promote fiscal restraint.

If I believed Obama at his word, I expect the bill to be sent back to Congress with the reply: “Clean it up”. Will that happen? If it doesn’t, then I will feel that once again, politicians cannot be trusted, deal only in rhetoric and are only interested in their own personal agendas. Those teary eyed faces on election night – they have been duped as I have. The only difference is that perhaps I recognize it, while they will be in denial for 4 or 8 years….whatever will become of the US? I fear deeply for our children and grandchildren, more so than ever in my life.

Abramoff’s Trial Ends

March 6th, 2009

What set Abramoff apart from legitimate Washington power brokers, federal prosecutors say, was his willingness to exploit an extensive network of Capitol Hill contacts — from well-positioned congressional staffers to members of the Republican leadership — regardless of the rules. “The corruption scheme with Mr. Abramoff is very extensive,” Assistant Attorney General Alice Fisher said. “Government officials and governmental action are not for sale.” Abramoff’s campaign of corruption officially ended Tuesday (1/3/2006) when he pleaded guilty to conspiracy, fraud and tax evasion. In addition to about 10 years in prison, he may be forced to repay more than $25 million, according to court documents. Prosecutors say Abramoff’s cooperation is central to a wide-ranging corruption investigation that stretches from Capitol Hill to congressional districts across the USA. At least a dozen FBI field offices have been drawn into the inquiry, FBI Assistant Director Chris Swecker said. Authorities have declined to disclose the number of possible targets in the ongoing inquiry, but it goes beyond one member of Congress or his office. “No criminal resources of the FBI will be spared in support of this important mission,” Swecker said.

MAJOR FIGURES IN INVESTIGATION
Some leading figures in the Washington corruption investigation:
Jack Abramoff: The central figure is a Republican lobbyist who cultivated ties on Capitol Hill over a decade with two prominent Washington firms, Preston Gates and Greenberg Traurig. Abramoff kept luxury boxes at sports venues where he entertained clients and lawmakers, and he owned a restaurant in Washington.

Michael Scanlon: A former press secretary for Rep. Tom DeLay, R-Texas, he made millions when Abramoff counseled clients to hire his public relations business. Unknown to the clients, the firm did little work but funneled kickbacks to Abramoff, according to prosecutors. Scanlon pleaded guilty to fraud and bribery in November.

David Safavian: The former procurement chief at President Bush’s Office of Management and Budget was charged last fall with lying and obstructing justice in the Abramoff case. Safavian, a former lobbying partner of Abramoff, accompanied the lobbyist in 2002 on a golfing trip to Scotland, and he discussed Abramoff’s interest in acquiring federal property, according to the charges.

Adam Kidan: Abramoff’s Florida business partner pleaded guilty last month to fraud in connection with a deal to buy SunCruz, a company that runs casino ships.

Rep. Bob Ney: An Ohio Republican, Ney is chairman of the House Administration Committee and sometimes is referred to as “the mayor of Capitol Hill.” Federal documents allege that “Representative #1″ helped Abramoff clients in return for trips, meals and entertainment. Ney’s attorney said he’s the lawmaker involved. Ney denies wrongdoing.

The plea agreement outlined a scheme by which Abramoff and his secret partner, public relations operative Michael Scanlon, billed Indian tribes for exorbitant fees, then split the profits. Abramoff hid some of the money from the IRS by directing it to a non-profit group he established, the Capital Athletic Foundation.
Abramoff’s share of the kickbacks from fees paid by four Indian tribes in Louisiana, Texas, Michigan and Mississippi came to more than $20 million, prosecutors said.

Abramoff and Scanlon also provided “a stream of things of value” to public officials to get their help. The stream included “foreign and domestic travel, golf fees, frequent meals, entertainment, election support … employment for relatives of officials and campaign contributions,” court documents say. Among the recipients were a House member identified by the lawmaker’s attorney as Rep. Bob Ney, R-Ohio, and members of Ney’s staff. They got trips to the Northern Marianas Islands in 2000, to the Super Bowl in Tampa in 2001, and to Scotland’s storied St. Andrews golf course in 2002, according to the documents. Ney also held fundraising events at Abramoff’s now-defunct Washington restaurant, Signatures. In return, Ney and his aides put statements in the Congressional Record supportive of Abramoff’s interests and helped an Abramoff client get a wireless telephone contract with the House of Representatives, the government charged. In a statement, Ney denied that he was influenced by Abramoff.

Abramoff also funneled $50,000 to the wife of an unnamed congressional aide in 2000 and 2001, in return for the aide’s help in blocking legislation for a client. Abramoff’s guilty plea follows weeks of other scandal news involving government officials.

Republican Tom DeLay stepped down from his position as House majority leader last year after he was indicted on money-laundering charges in a separate case in his home state of Texas. DeLay has close ties to Abramoff, who employed some of the Texan’s former aides and paid for a separate golf trip to Scotland for DeLay. Randy “Duke” Cunningham resigned from the House in November after pleading guilty to taking at least $2.4 million in bribes from defense contractors.

A USA TODAY/CNN/Gallup Poll taken Dec. 16-18 found that 49% of American adults say they believe “most members of Congress are corrupt.” That’s 1 percentage point below the level of 1994, when voters turned control of Congress over to Republicans. The GOP appears to be tarred by scandal slightly more than the Democrats; 47% said “almost all” or “many” Republicans are corrupt, compared with 44% for Democrats.
Among registered voters, 55% said the issue of corruption will be the “most important” or a “very important” factor in their decision on whom to vote for next year. The poll has a margin of error of +/—3 to 5 percentage points, depending on the question.

White House spokesman Scott McClellan called Abramoff’s confessed conduct “outrageous.”
“He needs to be held to account, and he needs to be punished,” McClellan said. Abramoff was among President Bush’s Pioneers, who raised at least $100,000 for his re-election in 2004.

Aide to Cochran Charged

March 6th, 2009

WASHINGTON — A longtime former aide to Mississippi Sen. Thad Cochran has been charged in the Jack Abramoff corruption scandal, accused of accepting gifts and granting favors for the imprisoned former lobbyist. Court documents filed Thursday say Ann Copland took thousands of dollars worth of event tickets and meals out in Washington from Abramoff and associates at his firm. Prosecutors say the gifts were in exchange for her favors benefiting one of their top clients, the Mississippi Band of Choctaw Indians.

Charges against Copland were outlined in a legal document called a criminal information, which only can be filed with the defendant’s consent and typically signals a plea deal. The document says Copland understood that Senate rules prohibit staffers from soliciting gifts from lobbyists, but still secretly did so.
“It was a purpose of the conspiracy for defendant Copland to be unjustly enriched by her receipt of things of value, and to conceal these gifts from the U.S. Senate and the people of the United States,” the document said. Copland worked for Cochran for 29 years, then abruptly left his office last spring after Abramoff prosecutors had netted a dozen convictions in the scandal.Cochran’s office refused to comment on the case Friday.

Campaign finance records show that Abramoff, his associates and his clients gave Cochran at least $82,500 in campaign donations during the years in question, from 2001 to 2004. But there is no indication from the documents that Cochran, a Republican, knew of Copland’s behavior or is being investigated.
E-mails revealed in court documents show Abramoff’s firm went out of its way to keep Copland happy because, as lobbyist Todd Boulanger once wrote to his boss, “she’s more valuable to us than a rank-and-file house member.” The e-mail was revealed in a plea agreement Boulanger struck recently .
Prosecutors included a copy of an e-mail that Copland sent to one of Abramoff’s deputies, Kevin Ring, in March 2002, detailing a list of tickets she wanted and how many for each event. She asked to see Paul McCartney, an ice skating event, ‘NSync, Green Day and a hockey game. She also asked for two to six tickets to see the circus, but only if they were floor seats.

Ring, currently awaiting trial on charges of conspiring to corrupt government officials, forwarded the note to Abramoff saying, “Wow … We already told her she was fine on McCartney, ice skating, and Green Day _ although we need to let her know how many tix she can have for each. Also, please review the other requests and let me know what we can do there.” Abramoff wrote, “She’ll get everything she wants.”
Other court documents show that Copland was not shy to complain when she didn’t like her accommodations, like when she got the lobbyists’ luxury suite for a Baltimore Orioles game. “Ackkk. Only beer and no Hebrew National hot dogs,” she complained in an e-mail to Boulanger.
Copland sounded angry in another e-mail from the firm’s box suite at a the ice-skating event after no food had arrived for her party of 14 people. “I’m freaking out here,” she wrote, and Boulanger replied that she would be reimbursed for any food she had to buy. The documents say Copland “on repeated occasions” provided official actions benefiting Abramoff’s firm, particularly the Mississippi Choctaws.

For example, when Copland asked a lobbyist for the suite at the Orioles game in 2003, he responded in part by asking whether a Choctaw provision the firm no longer wanted had been removed from an appropriations bill. Copland assured him it had, and the final version of the bill contained an explicit statement that the provision “is no longer necessary.”

Jury selection has begun in Wayne Bryant federal corruption trial

March 3rd, 2009

  Former State Senator Wayne Bryant

As jury selection got under way today in the federal corruption trial of former state senator Wayne Bryant, the judge released a voluminous list of potential witnesses and people who may be discussed during the six- to eight-week case. The list of 298 people is a veritable who’s who of state power brokers, with about 60 past and present state legislators and dozens of former and current cabinet members and high-level administrators.  They include former Assembly Speaker Jack Collins (R-Salem), present Speaker Joseph Roberts (D-Camden), past Senate majority leader John Bennett (R-Monmouth) and present Majority Leader Steve Sweeney (D-Gloucester). Former governor James E. McGreevey’s chief of staff, Jamie Fox, is listed, as is former human services commissioner James Davy and current Treasurer David Rousseau.

With both federal prosecutors and defense attorneys contributing to the list, it is unknown who potentially could testify for or against Bryant and co-defendant R. Michael Gallagher, a former dean at the University of Medicine and Dentistry of New Jersey. Carl Poplar, Bryant’s attorney, said the vast majority would not be called as witnesses, and some may not be referenced at all.  Democrat Bryant, a 60-year-old former Camden County lawmaker, is accused of cashing in on his influential post as budget chairman to obtain a no-work job at UMDNJ through Gallagher, 61, who is facing bribery and fraud charges.  The jury selection process began with U.S. District Judge Freda Wolfson in Trenton instructing 102 potential jurors to complete a 44-item questionnaire. They also were asked to review the potential witness list to see if they knew anyone on it and therefore could not serve impartially.  Wolfson, federal prosecutors and the defense teams reviewed the questionnaires and whittled the potential jury pool to 54 people, who will have to report to court Tuesday. Another 100 potential jurors will be called to complete the questionnaires Tuesday morning. Wolfson said she is seeking 17 jurors, five of whom would be designated as alternates before deliberations begin. The selection process is expected to last throughout the week.

Flake goes after earmarks in wake of PMA scandal

February 24th, 2009

By Susan Crabtree
Rep. Jeff Flake (R-Ariz.), the most vocal critic of pork barrel spending in the House, is trying to shake the House ethics committee into action on the link between earmarks and campaign contributors.

Flake has seized on the public corruption investigation of PMA Group, a once-powerful lobbying force that has disintegrated in the wake of an FBI investigation into fraudulent campaign donations to numerous members of Congress.

In the past 24 hours, Flake has highlighted earmarks in the omnibus appropriations bill for PMA clients, written a scathing op-ed to The New York Times about Congress’s pay-to-play practices and offered a privileged resolution on the House floor that would force the House ethics panel to scrutinize the connection between earmarks and campaign cash and report back to the full body in two months.

“The appearance does not reflect well on the dignity of the House,” Flake said. “These earmarks are essentially for no-bid contracts directed to for-profit entities.”

The privileged resolution, which must be voted on within 48 hours of its introduction, is Flake’s boldest anti-earmark move yet. Despite several reforms to the earmarking process in the last few years, most members on both sides of the aisle have been reluctant to crack down on the general practice of securing specific appropriations for pet projects, so Flake’s resolution has little chance of passing. Most likely, the House will overwhelmingly vote to table it.

Still, the resolution could jog a new ethics entity created last year into reviewing the donations from PMA, a firm with close ties to Reps. John Murtha (D-Pa.) and Pete Visclosky (D-Ind.), two senior members of the appropriations panel. Speaker Nancy Pelosi (D-Calif.) pushed controversial legislation through the House last year creating the Office of Congressional Ethics (OCE) to provide an extra layer of scrutiny of lawmakers’ activities.

The OCE’s board is made up of several former House members, the first time the House has relinquished some of its power to police itself to a more independent-minded body. The new office is supposed to respond to questionable activities raised in complaints, the media and by members of Congress and staff and provide recommendations for further action to the ethics committee.

The FBI raided PMA’s offices in November as part of a Justice Department investigation into fraudulent donations from “strawmen,” contributions from people who either do not exist or whose names were being used to make the donation without their permission. PMA has distributed millions to several lawmakers over the past 10 years.

John Murtha – Maybe, finally, the Corruption Will End?

February 19th, 2009
WASHINGTON — Three lawmakers said Tuesday that they were returning campaign contributions from donors listed as employees of the PMA Group, a Washington lobbying firm whose founder is under investigation for purportedly funneling money through bogus donors. The decision by the three lawmakers — Senator Bill Nelson of Florida, and Representatives Zoe Lofgren of California and Peter J. Visclosky of Indiana, all Democrats — puts new pressure on others who received cash from the PMA Group and its founder, Paul Magliocchetti. Other big beneficiaries include Representative John P. Murtha, the Pennsylvania Democrat who is chairman of the House defense appropriations subcommittee; Representative James P. Moran, a Virginia Democrat on the panel; and Representative Alan B. Mollohan, the West Virginia Democrat who is chairman of the appropriations subcommittee that oversees the National Aeronautics and Space Administration, among other things.
Mr. Murtha, who received the most donations from PMA’s employees and clients, was a mentor to Mr. Magliocchetti, who was once on the staff of the defense appropriations subcommittee. Mr. Murtha, Mr. Visclosky, Mr. Moran and Mr. Mollohan have all earmarked millions of dollars in federal money for the PMA Group’s clients. A spokesman for Mr. Nelson said his campaign would give at least $4,000 in suspect donations to charity and was reviewing all contributions associated with the group.
The PMA Group headquarters was raided by the FBI in November, 2008.  Paul Magliocchetti, the founder of PMA Group, who indicated earlier this year he wanted to retire,  was a long-time aide for Rep. John Murtha (D-Pa.) on the House defense appropriations panel. PMA specializes in obtaining earmarks in the defense budget for a long list of clients. Out of its team of 35 lobbyists, at least 30 worked on Capitol Hill, in the Pentagon or both. All the staff bios from PMA’s website were taken off a couple months ago.  Over the years, PMA has benefited from its ties to Murtha and the other defense appropriators who have helped the firm secure millions of dollars in federal earmarks. A large portion of PMA’s business comes from companies headquartered in and around Murtha’s district in Johnstown, Pa. PMA also lobbies for defense giants like Lockheed Martin and General Dynamics, both of which have facilities in Johnstown.  In 2008, PMA earned about $14 million in lobbying revenue. Over time, PMA attracted the attention of government watchdogs, not only because of its ability to secure earmarks, but also for the large campaign donations the firm and its clients have given to lawmakers. The Center for Responsive Politics ranks PMA’s political action committee and PMA employees the leading contributors to at least 40 Democrats, including Murtha, Visclosky, Moran, Rep. Norm Dicks (Wash.), and Sens. Ben Nelson (Neb.) and Bill Nelson (Fla.).  While PMA donated primarily to Democrats, several Republicans also received contributions, including Sen. Judd Gregg (N.H.), nominated for Commerce Secretary in the Obama administration, former Sen. John Sununu (N.H.), and Reps. Ander Crenshaw (Fla.) and John McHugh (N.Y.). When Murtha was struggling with an unexpected challenge in his reelection campaign after remarking that voters in his district were racist, PMA lobbyists donated thousands of dollars to his campaign.  According to the Federal Election Commission data, employees of PMA gave the lawmaker $14,000. The PMA PAC donated $5,000 to him at the end of October. PMA clients made up the rest of the $110,000 the lawmaker raised in his last-minute fundraising efforts.  In the 2008 election cycle, PMA’s PAC donated $237,500 to Democrats and $141,000 to Republicans. “For a long time they have been prolific donors mainly to Democratic members of Congress,” said Keith Ashdown with the non-partisan watchdog group Taxpayers for Common Sense. “When Democrats came into power they became one of the most well-positioned lobby firms.”  Ashdown called the relationship between PMA and lawmakers “the Democrats’ example of pay-to-play.” “It will become the majority’s Waterloo on ethics,” Ashdown warned. “If they do not tackle this example head-on they will look as bad as the Republicans on ethics in government.” 
PMA is the second company with close ties to Murtha to be raided by federal agents recently. In January, agents from the FBI, the IRS and the Defense Criminal Investigative Service searched the office of Kuchera Industries and Kuchera Defense Systems, as well as the homes of the firms’ founders. The companies reportedly have received over $100 million in earmarks, thanks to Murtha’s efforts. While it is unclear whether Murtha is a target of the investigations, the heightened scrutiny of some of his closest donors and allies signals that the Feds may be inching closer to the 35-year-member of Congress, who chairs the powerful Defense Appropriations subcommittee.  “The FBI is showing a lot of interest in” a lot of people around Murtha, said Keith Ashdown of Taxpayers for Common Sense. “If I was in Murtha’s camp, I would not be sleeping at night.”  The watchdog group Citizens for Responsibility and Ethics in Washington has called Murtha one of the most corrupt members of Congress, for taking hundreds of thousands of dollars in contributions from companies and writing them millions of dollars in earmarks. Murtha has declined to comment on the designation.
  Murtha is no stranger to controversy. In the late 1970s, he was targeted in the “Abscam” scandal, a three-year FBI sting in which agents posed as representatives of an Arab sheik and offered suitcases of cash to lawmakers for favors. According to reports at the time, Murtha declined the undercover agents’ cash offer, but suggested the “sheik” find a way to invest the money in his home district.

Fumo Finishes Corruption Trial Testimony

February 18th, 2009

 State Senator Vincent Fumo
Indicted former state Sen. Vincent Fumo has finished testifying after six days on the stand in his federal corruption trial. The government now plans to call two rebuttal witnesses, former Fumo defense lawyers Richard Sprague and Robert Scandone. They are expected to say they did not advise Fumo that he could destroy e-mail evidence during the FBI investigation.

That testimony would go to the obstruction charges in the 139-count indictment against Fumo. The 65-year-old Fumo is a longtime Democratic power broker from Philadelphia. He spent 30 years in the state Senate. Prosecutors say he defrauded the Senate, a charity and a museum of $3.5 million. Fumo says he was tired after more than a week on the stand in his four-month trial. Sprague, a prominent Philadelphia attorney, is being called to rebut Fumo’s testimony that he was following Sprague’s advice that e-mail messages could be destroyed lawfully. The government says that was obstruction of justice. Sprague was Fumo’s longtime friend, lawyer and a man he has described as a “father figure.” Sprague represented Fumo from the investigation’s early stages in 2003 through the February 2007 indictment, but left the case before trial after an apparent falling out.   
2009 The Associated Press

Rahm Emanuel Ethics Abuses Pile Up

February 18th, 2009

By: Dick Morris & Eileen McGann
 News broke last week that Rahm Emanuel, now White House chief of staff, lived rent-free for years in the home of Rep. Rosa De Lauro, D-Conn. — and failed to disclose the gift, as congressional ethics rules mandate. But this is only the tip of Emanuel’s previously undisclosed ethics problems.  One issue is the work Emanuel tossed the way of De Lauro’s husband. But the bigger one goes back to Emanuel’s days on the board of now-bankrupt mortgage giant Freddie Mac.  Emanuel is a multimillionaire, but lived for the last five years for free in the tony Capitol Hill townhouse owned by De Lauro and her husband, Democratic pollster Stan Greenberg. During that time, he also served as chairman of the Democratic Congressional Campaign Committee — which gave Greenberg huge polling contracts. It paid Greenberg’s firm $239,996 in 2006 and $317,775 in 2008. (Emanuel’s own campaign committee has also paid Greenberg more than $50,000 since 2004.)

To be fair, Greenberg had polling contracts with the DCCC before — but each new election cycle brings its own set of consultants. And Emanuel was certainly generous with his roommate. Emanuel never declared the substantial gift of free rent on any of his financial-disclosure forms. He and De Lauro claim that it was just allowable “hospitality” between colleagues. Hospitality — for five years?  Some experts suggest that it was also taxable income: Over five years, the free rent could easily add up to more than $100,000. Nor is this all that seems to have been missed in the Obama team’s vetting process. Consider: Emanuel served on the Freddie Mac board of directors during the time that the government-backed lender lied about its earnings, a leading contributor to the current economic meltdown. The Federal Housing Enterprise Oversight Agency later singled out the Freddie Mac board as contributing to the fraud in 2000 and 2001 for “failing in its duty to follow up on matters brought to its attention.” In other words, board members ignored the red flags waving in their faces.

The SEC later fined Freddie $50 million for its deliberate fraud in 2000, 2001 and 2002.  Meanwhile, Emanuel was paid more than $260,000 for his Freddie “service.” Plus, after he resigned from the board to run for Congress in 2002, the troubled agency’s PAC gave his campaign $25,000 — its largest single gift to a House candidate.  That’s what friends are for, isn’t it? Now Rahm Emanuel is in the White House helping President Obama dig out of the mess that Freddie Mac helped start. The president’s chief of staff isn’t subject to Senate confirmation, but his ethics still matter. Is this the change that we can depend on?