Tag Archives: Debra Wong Yang

CA-41: The Latest Tactic to Avoid Putting Jerry Lewis in Jail

As we all remember, the Culture of Corruption meme was devastating during the 2006 elections. Congressman Jerry Lewis somehow managed to avoid being indicted before the election, which surprised a lot of people. What has happened since is the new GOP playbook for how the Bush Justice Department protects a Republican member. And today, the LA Times adds another piece to the puzzle — it isn’t pretty.  

It wasn’t until late August 2007 that we learned the US Attorney investigation of Lewis stalled in December 2006 for lack of resources — just after the Culture of Corruption charge helped Democrats win the House. But stalling wasn’t enough, it needed to be derailed. It was in January 2007 when speculation began that San Diego USA Carol Lam was purged for her investigation of Lewis. A couple of months later, LA USA Debra Wong Yang quit in the middle of her investigation to take a nearly $1.5 million a year job with the law firm defending Jerry Lewis.

Thomas O’Brien, the new USA, disbanded the Public Integrity Unit investigating Republican Lewis for major corruption — the same week that NY USA Public Integrity Unit brought down Elliot Spitzer. Today we learn of yet another move to keep Lewis from being brought to justice, put this in the time-line for March 2007:

U.S. Atty. Thomas P. O’Brien is facing sharp criticism from prosecutors within his office who say he is pressuring them to file relatively insignificant criminal cases to drive up statistics that make the office eligible for increased federal funding.

The prosecutors said O’Brien’s effort to increase filings amounts to a quota system in which lawyers face possible discipline and other career consequences if they fail to achieve their numbers. It also detracts from their traditional mission of prosecuting complex, time-consuming cases that local authorities are unable to pursue, they said.

[…]

The disgruntled prosecutors in Los Angeles say they are now spending an exorbitant amount of time working on less significant cases — mail theft, smaller drug offenses and illegal immigration — to reach quotas. They cited the recent disbanding of the office’s public integrity and environmental crimes section, a unit with a history of working on complex police corruption and political corruption cases, as evidence of a shift toward high-volume, low-quality prosecutions.

The Lewis scandal is so damaging because it involves both major corruption and former Republican Congressman Bill Lowery — it really does illustrate that corruption is part of the culture in the GOP.

CA-41: Public Integrity Unit Investigating Jerry Lewis Disbanded

Congressman Jerry Lewis sleeps well at night knowing there is a Bush Justice Department, from The Recorder (reg. required) (h/t TPM):

Federal prosecutors who work public corruption cases in Los Angeles had a vastly different week than their counterparts in Manhattan.

While the East Coast AUSAs enjoyed national celebrity for bringing down Gov. Eliot Spitzer, Los Angeles U.S. Attorney Thomas O’Brien disbanded his public integrity unit last Monday. Those 17 attorneys will be redistributed among the major fraud and organized crime sections, which now will have a mandate to battle corruption, spokesman Thom Mrozek said.

Yes, it is that LA USA office:

Wong Yang was heading up the investigation into Rep. Jerry Lewis’s (R-Calif.) ties to a lobbying firm and the millions of dollars in contracts the firm’s clients received from Congress. Wong Yang, the first Asian-American woman to serve as a U.S. attorney, left her post with Justice to become a partner at Gibson, Dunn and Crutcher, the law firm representing Lewis. She will co-chair the firm’s crisis-management practice group, along with Washington, D.C., partner Theodore B. Olson, a former Bush administration solicitor general.

Looks like the ultimate in crisis-management. Wow.

CA-41: Lewis, DoJ Drain The Money Swamp

Bruin Kid lets us know that Jerry Lewis will be seeking re-election next year.  He’s obviously pretty confident that his legal troubles and investigations into his corrupt earmarking will amount to nothing.  I’m thinking this is why:

In Los Angeles, a federal criminal investigation of Rep. Jerry Lewis, a California Republican, stalled for nearly six months due to a lack of funds, according to former prosecutors. The lead prosecutor on the inquiry and other lawyers departed the office, and vacancies couldn’t be filled. George Cardona, the interim U.S. attorney in Los Angeles, declined to comment on specific cases but confirmed that lack of funds and unfilled vacancies caused delays in some investigations […]

People with knowledge of the case said that by the time the investigation stalled in December 2006, it had branched out into other areas, including Mr. Lewis’s June 2003 role in passing legislation that helped giant hedge fund Cerberus Capital Management. People associated with Cerberus around the same time gave at least $140,000 to a political action committee controlled by Mr. Lewis. Cerberus officials didn’t respond to phone calls or emailed questions concerning the Lewis inquiry […]

After the lead prosecutor in the Lewis case quit, others assigned to the case took time getting up to speed. Brian Hershman, a former deputy chief of the Los Angeles office’s public corruption section, declined to comment on specific cases, but confirms that his group’s work overall was derailed by the departure of experienced prosecutors. Like several others, he says he left for more money to support his family.

Replacements “are mostly rookies,” he says. “It will be some time before they’ll be able to restore the section to what it was before.”

With additional funds recently made available by Congress, the Los Angeles office has filled 12 of 57 lawyer vacancies and is expecting an additional 12 lawyers to start soon. To jump-start the Lewis investigation, Mr. Cardona, the interim U.S. attorney, in June called on a veteran prosecutor, Michael Emmick, to revive and supervise the investigation, people with knowledge of the investigation say.

Day late and a dollar short on that one, I’d gather.  This is approaching criminal conduct by the Justice Department.  At a time when the investigation was expanding, Debra Wong Yang (the US Attorney for the region) suddenly jumped ship for the law firm representing Lewis.  You can bet they never lacked funds; Yang received nearly $1.5 million.  The law firm, Gibson Dunn, took the top assistant off the case as well.  So the LA office was thrown into disarray precisely when the investigation was heating up, and the money for the office dried up at the same time.  Pathetic.  With or without Alberto Gonzales, we still have a DoJ protecting its own and politicized beyond control.  And this is the time when Democratic leaders are seeking to call off the dogs in the US Attorney case?

US Attorney for LA Appointed Without Senate Confirmation

The one, and perhaps only, hard piece of accountability that has come out of the widening US Attorney scandal is that the Congress passed legislation striking out the provision in the PATRIOT Act that allowed the Justice Department to appoint replacement federal prosecutors without seeking Senate confirmation.  The new law passed in both Houses with expansive, veto-proof majorities (94-2 in the Senate, 306-114 in the House). Any veto would be overridden, so the President has no choice but to sign the bill.

Except he hasn’t yet, and the hip-pocket veto has enabled Abu G to strike again – right in our own backyard of Los Angeles.

In a Senate Judiciary Committee business meeting Thursday morning, Senator Patrick Leahy (D-VT) revealed that Attorney General Alberto Gonzales once again used an interim appointment authority at the heart of the US Attorneys controversy that Congress banned in a bill sent to the President for signature on June 4 […]

Tracy Schmaler, a spokeswoman for Senator Leahy, clarified the situation in an e-mail to RAW STORY.

“It just so happens the committee got notice yesterday, that on June 16, George Cardona’s 210 days as Acting U.S. Attorney in the Central District of California will have run out and the Attorney General will appoint him as an interim U.S. Attorney at that time. (i.e. still using the end-run authority because Bush has slow-walked signing the bill),” she wrote.

The Cardona appointment is interesting, to say the least.  It was reported in the LA Times just two weeks ago that a new hire for Cardona’s position was imminent.  The Los Angeles DA Steve Cooley called the pick, Thomas O’Brien, “the most apolitical person selected to that job in quite some time.”  Remember that the vacancy here was made by Debra Wong Yang’s departure to Republican law firm Gibson Dunn, the same firm whose client was Rep. Jerry Lewis, who Yang was investigating at the time.

So Lewis’ team had already bought out Yang (allegedly!), and now they were faced with the prospect of a hard-charging independent former DA in the role.  That must not have sat well with him.  So did Lewis tell the Justice Department to keep their handpicked loyalist in place until he made his way out of Congress (he’s rumored to be retiring)?

Marcy Wheeler also sees another angle here.

Finally, the move is especially curious because Gerry Parsky, a bigwig Republican who heads a Commission that picks judicial appointees in CA, has been particularly cranky about being left out of the process of naming USAs. And DOJ already went around him on this position specifically.

Once Yang resigned in November to pursue private law practice, it was up to the commission to make recommendations to the White House and the Justice Department. But Sampson and Goodling tried to generate candidates of their own. Interviews were scheduled with half a dozen people, many of whom had held political appointments in the department.

Parsky did not respond to e-mailed questions about his role in the process.

After word of the interview schedule leaked, Parsky called the White House and the Justice Department to complain, according to a person familiar with the process who requested anonymity because it involves a personnel matter. Goodling was allowed to proceed with the interviews, but was told she had to tell the candidates that they would have to reapply through the commission.

Ultimately, the commission is believed to have recommended two candidates; the only one interviewed by the Justice officials in Washington was a career prosecutor who has headed the criminal division of the Los Angeles office. The White House has not said whom it will nominate for the post.

Some people close to the selection process suspect Goodling and Sampson were attempting an end-run around the commission to install a politically connected Washington insider, possibly by using a law that permitted the attorney general to appoint interim U.S. attorneys without Senate oversight.

Indeed, Parsky was on board with the Thomas O’Brien appointment, according to the recent LA Times article.  Until it all fell through.

What the hell’s going on here?  Why is it so important to keep George Cardona in the Los Angeles USA seat, in defiance of a law passed by over 85% of Congress?  Does this have to do with investigations of members of Congress like Lewis (and, potentially, Ken Calvert)?  Will there be an effort to suppress the vote in the extremely ethnically diverse region, and must Cardona be the point person for that?  It’s very, very curious.

CA-41: Connecting the Dots

As mentioned a couple times on Calitics, Bob Novak is reporting that corrupt con Jerry Lewis may retire in 2008.  Novak may be a douchebag of liberty, but he usually has excellent inside information from the GOP (you know, like who’s a covert CIA agent and who isn’t).  It started me wondering why Lewis would retire at this point, when the investigations into his practices have slowed to a crawl.  Then I remembered this story I read in yesterday’s LA Times:

As Congress investigates whether U.S. attorneys across the nation were fired or forced out for political reasons, the Bush administration appears to be poised to nominate a respected career prosecutor as U.S. attorney in Los Angeles.

Thomas O’Brien, 47, the chief of the office’s criminal division, worked for five years in the district attorney’s hard-core gang division before moving to the U.S. attorney’s office.

“He’s probably the most apolitical person selected to that job for some time,” Dist. Atty. Steve Cooley said. “He’s an excellent pick. He’s a career, professional prosecutor.”

The position of US Attorney for Los Angeles, which holds jurisdiction over Lewis’ case, has been vacant since Debra Wong Yang left in January to go to Gibson Dunn, a high-powered Republican law firm that is also REPRESENTING Lewis.  O’Brien appears to be an unlikely pick for an ideological White House – he’s competent, apolitical, and a respected prosecutor – but because the Congress is sniffing around all of these US Attorney threads these days, they may have no choice but to hire someone of his stature:

Carl W. Tobias, professor of constitutional law at the University of Richmond, said O’Brien’s nomination would be a healthy sign that the Justice Department is changing its policies.

“My sense of what’s going on is that there is an inclination at the Justice Department to pick these kinds of people to defuse the controversy,” Tobias said. “It seems like it’s going to be much more of a meritocracy.”

And this could be bad news for the thoroughly unmeritorious Lewis.  An independent prosecutor would follow the evidence, and there’s a mountain of it where Lewis is concerned.  He used the Appropriations Committee in the 109th Congress as his own personal earmark factory, steering contracts to clients of connected lobbyist Bill Lowery, who has graciously given half a million dollars to Lewis campaigns over the years.

A guy like this as US Attorney in LA could be Lewis’ worst nightmare:

…O’Brien motivates attorneys to be creative and volunteer for cases. When an assistant U.S. attorney passed out during opening statements last week due to a medical problem, O’Brien took over personally. On Thursday, he was in court on the case.

“He came out with that background as a D.A. where you get a file the day before and go try it,” Carter said.

A hard-charging former D.A. versus Jerry Lewis?  That’s no contest.  Maybe it’s better for him to get out of Washington while the getting’s good, and focus more time and money on saving his own posterior.

Feinstein questions the departure of the US Attorney for Los Angeles

The President’s remarks on the US Attorney scandal were the same kind of out-of-touch obstructionism and intimidation we’ve come to expect (he’s essentially daring Congress to initiate a Constitutional showdown), so no need to replay it here.  But Sen. Feinstein is pulling at another thread of the scandal, one little remarked-upon but potentially significant.  It’s about a legislator essentially bribing a prosecutor to get her off the trail.

Sen. Dianne Feinstein said Tuesday she wants answers about the departure of the former U.S. attorney in Los Angeles, who resigned last October before the Justice Department’s dismissal of eight other U.S. attorneys sparked controversy.

“I have questions about Debra Yang’s departure and I can’t answer those questions right at this time,” Feinstein, D-Calif. and a member of the Senate Judiciary Committee, told reporters in response to a question. “Was she asked to resign, and if so, why? We have to ferret that out.”

Here’s the real scoop: In May 2006, Debra Wong Yang was beginning work on the investigation of Rep. Jerry Lewis, the former chair of the House Appropriations Committee who was being scrutinized over handing out defense earmarks to political friends.  Within a few months, Yang resigned… to work for the law firm representing Lewis.

About five months before Yang’s departure her office had opened an investigation into ties between Rep. Jerry Lewis, R-Calif., and a lobbyist. When Yang left her U.S. attorney’s job she went to work for Gibson, Dunn & Crutcher LLP, the firm where Lewis’ legal team works, but government rules required that she recuse herself from that case or any other she was involved with while a government prosecutor.

The Lewis case is connected to the ongoing corruption investigation in San Diego that began with the 2005 conviction of former GOP Rep. Randy “Duke” Cunningham, who is serving jail time for bribery. Former U.S. attorney Carol Lam in San Diego, who was among those dismissed last year, was prosecuting that case. Feinstein contends that Lam’s dismissal had something to do with the her role in the Cunningham investigation, though the Justice Department denies it.

Not only that, Yang got $1.5 million dollars to go to work for Gibson Dunn.  Ted Olson, the former US Solicitor General, works there too.  And the Assistant US Attorney for LA, Douglas Fuchs, joined her.

So here we have the top two federal prosecutors looking into a public corruption case hired away from the government by the law firm representing that same corrupt official.

This is where government cronyism meets corporate cronyism…