Senate Unanimously Passes “Duke Cunningham” Amendment

  Senate Unanimously Passes Kerry Bill to Deny Pensions to Dishonest Lawmakers “Duke Cunningham Act” protects Americans from paying for the benefits of disgraced members of Congress

Washington, DC—Today, the Senate unanimously passed an amendment authored by Senator John Kerry (D-Mass.) to the ethics bill. The amendment strives to restore some of the trust Congress has lost in recent years by cancelling taxpayer-funded pension benefits to Members of Congress convicted of serious ethics offenses – crimes such as bribery or conspiracy. The amendment passed 87-0, and the broader legislation is expected to come up for a final vote next week.

“The best way to restore and rebuild the trust of the American people is to ensure that we stand firmly against members of Congress who betray the public trust. With this vote, we are preventing members of Congress who steal or cheat from receiving a lifelong pension that is paid for by the taxpayers. This legislation strips away the federal pensions of Members of Congress convicted of white collar crimes such as bribery and fraud – those lawmakers deserve nothing but shame.”

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Under current law, only a conviction for a crime against the United States, such as treason or espionage, causes a U.S. Representative or Senator to lose his Congressional pension. Members of Congress convicted of white collar crimes still receive these federal retirement benefits.

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Facing the largest Congressional bribery scandal since the 1980s, former Congressman Randy “Duke” Cunningham resigned from the House of Representatives after pleading guilty in federal court to receiving $2.4 million in bribes from military contractors and evading more than $1 million in taxes. In a plea agreement, Cunningham admitted to a pattern of bribery lasting close to five years, with federal contractors giving him Persian rugs, a Rolls-Royce, antique furniture, travel and hotel expenses, use of a yacht and a lavish graduation party for his daughter. Unless the law is changed, legislators who breach the public trust in the future, like Cunningham, will be allowed to continue receiving Congressional pensions of approximately $40,000 per year.

Under Kerry’s bill, the following offenses would cause a Member of Congress to forfeit the Congressional pension:

- Bribery of public officials and witnesses (Section 201 of Title 18); - Conspiracy to commit offense or to defraud the United States (Section 371 of Title 18); - Perjury committed under the statues of the United States or the District of Columbia in falsely denying the commission of bribery or conspiracy; and - Subordination of perjury committed in connection with the false denial or false testimony of another individual.

Although the bill is inspired by the crimes of former Congressman Duke Cunningham, the law would not be retroactive in scope, and therefore would not affect Cunningham directly. A retroactive law of that nature would be unconstitutional. Kerry and Salazar originally introduced this legislation on February 9, 2006.

This act approved today will go into effect in 2009.

 

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Ah, yes. Good old Randy “Duke” Cunningham.

The real surprise in Cunningham’s case is not that his sins were so egregious; rather, it’s that they were so typical. His case was of the entrenched culture of corruption that so thoroughly permeated the old-school, pre-11/07 Congress.

As this Wikipedia article notes, “Cunningham resigned from the House on November 28, 2005 after pleading guilty to accepting at least $2.4 million in bribes and underreporting his income for 2004. He pleaded guilty to federal charges of conspiracy to commit bribery, mail fraud, wire fraud, and tax evasion. On March 3, 2006, he received a sentence of eight years and four months in prison and an order to pay $1.8 million in restitution.”

The interesting angle here isn’t just that Cunningham accepted bribes for years, or even that he finally got caught with his hands in the cookie jar; it’s who it was that he was actually accepting the bribes from. The defense contracting firm at the center of the scandal was MZM Inc., run by a man named Mitchell Wade. And Wade was a former employee of, and frequent associate of, another man named Brent Wilkes.

As Josh Marshall pointed out at the time in this TPM article, Wilkes “was the one who, in addition to this defense contracting company, ADCS, Inc., had also opened up Group W Advisors, his own DC lobby shop and Group W Transportion, a private air carrier that only owned 1/16 of a Lear Jet and had as its primary line of work giving freebie flights around the country to members of Congress like Tom DeLay, Roy Blunt, but mostly our old pal Duke Cunningham, who represents the district where ADCS is located.”

How does Mitchell Wade and MZM fit into this picture? Well, Wade was the California defense contractor who took a $700,000 loss on the purchase of Cunningham’s Del Mar residence in 2003, provided a yacht for his use in the nation’s capital, and forced his employees to make political contributions that benefited Cunningham and other members of Congress.

And benefit they did. Some of the other recipients of MZM’s substantial largesse at the time (which, of course, involved purely altruistic contributions that did not in any way include any possible quid pro quo arrangements, ahem) were Randy Forbes (R-VA), Virgil Goode (R-VA), Katherine Harris (R-FL), Hunter Duncan (R-CA), and Rick Renzi (R-AZ).

And while I’m sure this will not come as a huge surprise to many of you, convicted lobbyist Jack Abramoff and former Congressman Bob Ney (R-OH) were also part of that same ever-widening circle of corruption. Randy Cunningham was only one small player in a large and very crooked game.

When his illegal relationships with Wade and Wilkes first came to light in the summer of 2005, Cunningham famously declared, “If I’ve done anything wrong, come and get me.” Well, they did. And now he’s paying the price for his sins—with the notable exception, that is, of the substantial annual pension that you and I are obligated to pay with our tax dollars for the rest of his life, thanks to loopholes in the laws governing disgraced legislators.

Those are the loopholes that Senator Kerry’s amendment is meant to close. Those are the sins that his efforts are meant to punish. That is the entrenched culture of corruption in Washington that he is determined to dismantle and destroy. And it is totally in character for him to do so.

Kerry was a hard-hitting prosecutor in Boston before he became a legislator in Washington. He kept on prosecuting the guilty when he tracked down and exposed the international ring of terrorists, narco-traffickers, and covert operatives that hid behind the complex workings of the Bank of Credit and Commerce International (BCCI). And he is still working to take down those who are guilty of illegal corruption and coercion today.

I don’t know about you, but it makes me angry to know that convicted criminal Randy Cunningham will keep on receiving an annual pension that is significantly greater than the average salary of a hard-working American citizen today. It rankles me that there is nothing under the law that can be done to strip Cunningham of that pension, one that he so richly does not deserve.

But it is good to know that Senator Kerry and his colleagues are taking steps to strip that layer of legal protection away from other such lawbreakers in the future. Here’s hoping that we’ll see many more such initiatives in the coming years, now that the previous regime is no longer in charge of the legislative branch.

Posted by Otter | 01/12/07, 09:41 AM EST

This is excellent news.

Posted by Otter | January 12, 2007 2:41 PM

Terrific post Otter.

Now what is this funny business:

Cunningham Prosecutor Forced Out
http://www.tpmmuckraker.com/archives/002329.php

This sounds suspicious
http://www.warandpiece.com/blogdirs/005432.html

Posted by ProSense | 01/12/07, 10:55 AM EST

Otter, thanks for the background on Cunningham. Although he can’t lose his pension, at least this bill having been given the nickname of the “Duke Cunningham” bill, will assure that his legacy will be forever defined by the sleazy actions he took.

It is also great to see that Senator Kerry is again leading on something that fights corruption in our government. In addition to the incredible record you list, an idealistic Kerry/Wellstone effort to pass real genuine campaign finance reform also fights corruption. The amount of money needed to run for office moves some people to accept money in exchange for votes or other favors.

The last election found that Iraq and corruption were the two main issues. Kerry put the Democrats in a better position on that because he forced the Senate to discuss it with his amendment. On corruption, he is as clean as you can get and his record on fighting it is better than anyone’s. (Would you like to be McCain with Kerry pointing out that when McCain was caught up as one of the Keating 5, Kerry was busting BCCI?)

Posted by Karynnj | 01/12/07, 11:06 AM EST

This is great news, but one quibble: why 2009 for taking effect? I understand the unconstitutionality of making it retroactive, but why wait? Surely a few more congressmen like Cunningham will be disgraced between now and then.

Posted by Todd Mitchell | 01/12/07, 11:54 AM EST

I wondered about that too Todd.  I think that it might be for the same reasons.  Maybe they can’t make the law that will affect currently sitting members of Congress. I don’t know.

I am glad that this passed.  It’s good legislation and a good move to end a bad practice.  There is no way that future Randy “Duke” Cunninghams should be on the public pension payroll after betraying the public trust.

Posted by TayTay | 01/12/07, 04:21 PM EST

This is just super news. A leap in the right direction to assist in reforming our government’s ethics. Chalk one up for the Senator and the people.

Posted by wisteria | 01/12/07, 08:03 PM EST

I’d wondered who the 13 non-voting senators were on this bill, so looked it up on Roll Call. A non-vote can mean many things, most of them benign or justifiable—sick, out of town, emergency, etc—especially in a situation like this where amendment was expected to pass. Nevertheless, the list is interesting:

Not Voting - 13
Allard (R-CO)
Bayh (D-IN)
Biden (D-DE)
Boxer (D-CA)
Brownback (R-KS)
Clinton (D-NY)
Coleman (R-MN)
Dodd (D-CT)
Domenici (R-NM)
Hagel (R-NE)
Harkin (D-IA)
Inouye (D-HI)
Johnson (D-SD)


Thank you, Sen. Kerry, for introducing this bill; I’m delighted it passed!

Thank you ALSO for standing firm this week on two other amendments to the ethic reform: (a) FOR tougher “earmark” regulations and (b) For tougher rules against nepotism. I applaud your principled, courageous stand on all these issues. This is real leadership, and I thank you for it.

Posted by mbk | 01/13/07, 04:38 AM EST

On the other hand, even as people like Senator Kerry are trying to inject some sanity into internal legislative-branch rules, the executive branch continues to prove just how out of touch with reality it really is.

As White House spokeswoman Dana Perino told CNN on Friday, after members of Senate and House committees held multiple hearings trying to determine just where the administration stands on the thorny question of Iraq:

“Surely the United States is not the one being threatening,” she said. “We are not the ones being meddlesome and troublesome in Iraq.”

Say *what*?

When it comes to the current administration, it surely appears that the less things change, the more they stay insane.

Posted by Otter | 01/13/07, 04:41 AM EST

PS Of the non-voting senators I’ve listed above, Sen. Johnson was obviously absent due to serious illness. (Please get well soon!)

Posted by mbk | 01/13/07, 04:54 AM EST

Posted by mbk | January 13, 2007 9:38 AM

A second PS to above: 
Mass pointed out on the DU forum that Sens. Bayh and Clinton were in Iraq on official business. The following absent senators signaled that they would have voted “yea” if they’d been there:
Allard
Bayh
Biden
Clinton
Coleman
Harkin
(and, again, Johnson is seriously ill)

That leaves 6 unknowns.

Posted by mbk | 01/13/07, 05:19 AM EST

I’m proud to see such an amendment pass. It further gives evidence that the people of the United States are growing ever agitated with corrupt politicians.

I’ve made mention to several friends that a policy for compensation for political service, that of congressmen, and all political leaders, should be confined to supporting the necessities of life, with small contribution to a fund for vacations—we can’t expect them to work 365/yr. And, further, that all other compensation should not be allowed; that is to say gifts of monetary value, acquisition of assets, etc., should not be allowed.

Although it may seem critical of a pursuit of wealth in their endeavors, it nonetheless could accomplish the goal for allowing only those that have the purist of interest in the nation, the people, and most importantly, the ideals of democracy, at heart.

It is possible that this recently passed policy could usher in a new age of politicians—ones who do have a genuine, non-biased concern for the ideals of democracy and our nation, and it’s peoples.

Posted by Carl J R III | 01/13/07, 11:18 AM EST

I applaud the passage of this crucial amendment. It would have been nice if it would have affected the pensions of members of Congress convicted of crimes retroactively. This amendment unfortunately will not affect the pensions of former members already convicted of crimes like Cunningham and Ney. It is still a step in the right direction.

Posted by Probus | 01/13/07, 11:27 AM EST