How to Spike an Investigation

by emptywheel

This WSJ article--which relies on Debra Wong Yang and George Cardona as sources--suggests that the Jerry Lewis investigation has been stalled because of staffing shortages in the USA Office.

Overall, funding for the offices has grown well below the rate of inflation. As a result, "fewer cases were getting charged and bigger investigations were taking longer because there weren't enough prosecutors to do them," says Debra Yang, who stepped down in October 2006 as the U.S. attorney in Los Angeles.

[snip]

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.

But the story the article actually tells is that the investigation got "stalled" because of the departure of existing prosecutors, not the slow hiring of new ones.

In 2006, Los Angeles federal prosecutors were in the middle of a wide-ranging investigation of Rep. Lewis of California, who until January was chairman of the powerful House Appropriations Committee. He remains its senior Republican. The investigation focused on earmarks, or special spending measures, that benefited clients of a now-defunct lobbying firm to which he had close ties.

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.

[snip]

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.

[snip]

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. [my emphasis]

Uh huh. Let's look at the timing. Yang leaves in October 2006. Cardona comes in in January, having been selected using a process that bypassed the Parsky Commission that normally selects California legal appointees. And then the investigation goes dead for six months. Finally, in June, Cardona appoints someone to take over the case. (It's not clear whether Cardona did this before or after his appointment was extended nine months in June, but I'd sure like to find out.)

That sure seems to be budget related to me.

Comments

[Mary]

Ah, but were they able to keep their immigration case numbers up?

Great piece, but do I sense a certain lack of sympathy with Cerberus? *g*

[might mouse]

EW--In an earlier thread, when freepatriot informed us of his loss, you said that any good you do can/should be attributed to your father. Let me just say, wherever he is, he must be bursting his buttons. You have done him proud--and given the rest of us a great gift. With gratitude, mm

[mighty mouse]

aw, fudge, can't even get my moniker correct--make that mighty mouse in the post above. blergh...

[marksb]

I'd love to see the email and blackberry trail on this one: Stall. Keep stalling. Take your time. Oops, no experienced prosecutors. Budget's a bit tight this month. Stall some more.
Thanks for digging deep into the muck, EW

[radiofreewill]

The Republicans, at least the BushCo Republicans, have a 'wink-and-nod' system (Alyx parodies it all the time - very funny by the way) that encourages them to intentionally use words to misdirect and obfuscate as a pledge/show of Loyalty to the Agenda.

It's not that they consider the Left, and really anyone that doesn't agree with them, to be their worthy adversaries - no - they lump all of US in as The Enemy.

For them, it's okay to Lie to The Enemy. People like Rove and Rush and Cheney make a sport of it for their followerships - tossing out 'code words' to keep alive undercurrents of racism, anti-social hostility and fear, fear, fear.

So, for instance, when Rove gives his cover story for his conversation with Cooper, he says the topic was 'Welfare Reform,' but we know it was actually 'Niger' - wink, wink, guffaw, guffaw, guffaw.

Lust for power, as actor or sycophant, corrupts deeper than any surface distinction would indicate. Hence the wisdom of our Founding Fathers: Checks and Balances to prevent Absolute Power from Corrupting...everything it gets its hands on.

Carmona's obviously 'in the bag' - the perfect guy to use words disengenously to mislead US and stall any real investigatory progress against one of his fellow wink-and-nodders.

It's the BushCo M.O. and Carmona plays ball. They use it for everything from invading other nations, to wiretapping without warrants, and using fear to slowly smother our Civil Rights while telling US that they are keeping us 'safe.'

[nomolos]

"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."

This is the same Cerberus Capital that purchased Chrysler and is headed by none other than the loveable Dan Quayle

[MarkH]

Cerberus? Headed by Dan Quayle? You've *got* to be kidding!

[windje]

Old tactic with these guys - remember the estate tax?

"With a cut to the estate tax looking unlikely in Congress this year, the Bush administration is quietly planning to reduce the number of federal agents who enforce the tax. Critics are calling the move a "backdoor" repeal of the tax on extraordinary inheritances."

http://www.alternet.org/story/39756/

[bmaz]

Michael Emmick - Why do I recognize that name? I do, and for the life of me can't remember or figure out why? Anybody got any clues?

[bmaz]

DOH! Michael Emmick is Ken Starr's attached at the hip Boy Friday! Jeebus, the undead never stop their relentless approach. This guy is a slimy piece of dung.

[Neil]

aw, fudge, can't even get my moniker correct--make that mighty mouse in the post above. blergh...
Posted by: mighty mouse | August 31, 2007 at 11:29

a mighty mouse by any other name would smell as sweet. actually, i couldn't agree more with you about how many reasons Mr.EW Sr. would have to be proud of Mrs. EW, the younger.

[phred]

If that's true bmaz, then I'm guessing that Emmick is there to smother the investigation not revive it. More of the same... going through the motions to hoodwink the public. Between the story on Harry Reid in the WaPo this morning ("No, really, Republicans, what do YOU want to do? Can't wait to help out your agenda.") and more news of stymied justice, I had best get ready for a disappointing September. Keep after 'em EW... We need you...

[egregious]

And there in the article is Barbara Comstock. Surprise.

[Bayareagirl]

How convenient that the Lewis investigation was stalled because the lead investigator went to work for the legal firm hired to defend Lewis. I know this has been noted many times, but I think these revelations just makes the deal look even more fishy.

[looseheadprop]

WHich is why it is so important not to let the criminal actions of some of these folks go un-prosecuted.

Otherwise they will simply go to ground for a few years and come back again in a future Republican administration.

There need to be impeachments, prosecutions and law license suspensions to keep these mohrg from coming back from the dead again.

[emptywheel]

The Comstock info has been public for over a year.

I asked Sidney Blumenthal about Emmick and his take is that Emmick got screwed over in the end by Starr.

[phred]

EW, so if Emmick got screwed by Starr, does that mean he is likely to honestly pursue this case or should we still fret that there will be an ongoing suppression of it?

And LHP, I'm with you! Schumer's offer to send a Get Out of Jail Free Card from his Monopoly game to Bush is absolutely appalling.

[bmaz]

Well, I think the world of Sid and all, but Starr recruited Emmick, and Emmick agreed, to be the "Distinguished Practitioner in Residence for Fall 2007" at Pepperdine Law School. Doesn't sound like they have split very far to me....

[bmaz]

Phred - I don't know Emmick, but the word around the LA Federal defense bar is not overly complimentary. There are inferences that he has been somewhat of a right wing and Administration toady in selectively prosecuting Defense Department Contractor fraud cases; which he has been in charge of in the LA US Attorney's Office.

[phred]

Thanks bmaz, I guess I won't be holding my breath then...

[emptywheel]

YEah, I was looking at those contractor cases. Which is pretty much what Lewis is in the business of--allowing MIC contractors to walk away with my tax receipts. So it doesn't bode well.

[rukus]

Why is Miss Yang NOT being investigated and prosecuted for accepting bribes?

[rukus]

Why is Miss Yang NOT being investigated and prosecuted for accepting bribes?

[rukus]

Why is Miss Yang NOT being investigated and prosecuted for accepting bribes?

[rukus]

Uh oh
Uh oh
Echo
Sorry

[phred]

You could have gotten away with that one, rukus, I just thought you were repeating yourself for emphasis -- you know, like while banging your head against the wall in frustration. Maybe that's just me though :)

[Rick B]

We know that the departure of U.S. Attorney Debra Yang to take a partnership with $1.5 million signing bonus does not pass the smell test. The old Mexican saying "Plata o Plomo" applies. ("Silver or lead" - an offer made by Pancho Villa to captured soldiers. They were offered a horse with a silver-studded saddle and a rifle and a place in Villa's army, or a grave. Or so my father told me.) She was given the choice of join the purge of U.S. Attorneys on Pearl Harbor day 2006 or take the partnership and signing bonus with the law firm defending Rep. Jerry Lewis (and run by Ted Olsen, a potential AG nominee now.)

These reports suggest that there was a consistent program of hiring away prosecutors who were working on the Jerry Lewis case. Yang was just the tip of the ice berg. For some treason they were getting offered more money in the civilian sector. I wonder how many went to Republican firms?

[JohnLopresti]

There is an article reporting Lewis announced August 31, 2007 that he will run for reelection.

[JohnLopresti]

Some of the strategy minded folks from the majority party in Lewis' home state often post semiribald and scornful articles about Republicans on a fairly new website. Besides toasting Lewis' results oriented style of appropriations management, the pols' website had an oblique article this past week describing another CA legislator in Congress, Doolittle, as being in a close race for reelection in 2008, with added musings about a possible primary challenge from within Doolittle's own party.