Independent Counsel's Response to Representative Conyers.

March 1, 2002
The Honorable John Conyers, Jr.
United States House of Representatives
2138 Rayburn House Office Building
Washington, D.C. 20515-6216

Dear Congressman Conyers:

Based upon our previous professional relationship, I was disappointed to learn that you had released correspondence addressed to me to the media prior to my receiving said correspondence or notice of your intent to do so. Therefore, it is with some degree of difficulty that I accept the sincerity of your "serious concern" about published reports regarding what you characterize as "partisan political activity" by me. But I respect the spirit of that concern nonetheless based upon your position as a member of one of the committees that has oversight jurisdiction over my office and our previous cordial relationship.

It has not been the practice of my office to respond to individual members of Congress. The oversight jurisdiction that originates with the Independent Counsel statute has been recognized on a bipartisan basis as emanating not from individual members of the committees with oversight jurisdiction, but by the action of the committee itself. See 28 U.S.C. § 595(a)(1). That typically is communicated to my office through the Chairman of the respective committee. This has not occurred here.

You have chosen to release your two letters -- the first to me and the second to the Special Division -- directly to the media even before they were received in my office. Because you further have variously accused me (without foundation and without waiting for my response) of "apparent violations of the law," "apparent violation of the Independent Counsel Act," "reckless disregard of [my] duties under the Hatch Act," and a "clear cut example of law breaking," I am now compelled to respond.

As a career prosecutor, I have been scrupulous, and will continue to be scrupulous as long as I continue to serve as Independent Counsel, in conforming my conduct to the letter and spirit of the Hatch Act.

That said, I am well aware of the strictures of the Independent Counsel statute. That now lapsed statute, however, says nothing about prohibited political activity. Only the Hatch Act so provides, and it is not at all clear that the Hatch Act applies to an Independent Counsel. While I am bound by the Department of Justice policies included, among other places, in the United States Attorneys' Manual, I am bound only by those policies "respecting enforcement of the criminal laws." 28 U.S.C. § 594(f)(1). Moreover, I may be removed from office only for "good cause" and only upon the personal action of the Attorney General, not by operation of the Hatch Act. See 28 U.S.C. § 596(a)(1).

You overlook the fact that I am not now a candidate or running to be a candidate for partisan political office. I have not filed as a candidate or as a nominee. I have not sought or solicited campaign contributions, raised money or sought or received endorsements. In short, there is currently no campaign for office of which I am a participant whatsoever. Accordingly, none of the provisions of the Hatch Act, Department of Justice regulations nor the United States Attorneys' Manual that you cite have been violated by me, either in letter or in spirit.

What I have done is attend a Lincoln Day dinner sponsored by the Monmouth County Republicans on February 10, 2002. I gave a speech principally honoring President Abraham Lincoln's birthday because I was asked to do so. (A copy of my prepared remarks that evening is attached). I did not appear "in support of or in opposition" to any candidate, whether myself or anyone else. See 5 C.F.R. §§ 734.409(d). I was invited to speak as a resident of Monmouth County and not as a candidate for office. I paid for my ticket and that of my spouse, who also attended. The Department of Justice guidelines on the subject, which I consulted before the event, are clear that the Hatch Act expressly permits attendance at political events, including fundraisers, and permits me to speak at such events. To the extent that the payment for two tickets to the event was, in part, a political contribution, I am expressly permitted to have done so. As to the portion of my remarks in which I said that what we need in the United States Senate is "principled, ethical and trustworthy leadership," I assume that no one, including you, would disagree with that sentiment.

In short, while you appear anxious to accuse me of violating the law, your accusation is completely without foundation. It is equally distressing to me that you would make use of unsupported allegations of prosecutorial misconduct to undermine the now nearly completed work of the Office of the Independent Counsel. As you well know, I have tried mightily to restore the country's confidence in the integrity of law enforcement and law enforcement officials. As you have told me yourself, my prosecutorial decisions and the conduct of my office have never been about partisanship. Allegations made are never as easily answered even when they do not withstand scrutiny. I would have appreciated the courtesy of a meaningful opportunity to respond before being compelled to embark on the precipitous course you have chosen here.

Returning, however, to your legitimate concern, I assure you that I will not engage in prohibited partisan activity while I am serving as Independent Counsel. I well understand the propriety of resigning my current office should I decide to become a candidate for elective office. In any event, I intend to fulfill my responsibilities by bringing the work of our office to substantial conclusion before undertaking any other course.

Sincerely,
Robert W. Ray
Independent Counsel

Actually, I wish there was/is more being done to bring the Clintons to justice. But I will savor this small victory.

The unpleasant fact that we all tend to forget is that convicting Clinton was probably impossible. It would have required a jury of all Republicans or truly unbiased independents, because we know a Democrat would never vote to convict him. Of course, getting a jury like that would never have been permitted.

A prosecution of Clinton would have dragged on for months and would have resulted, at best, in a hung jury. That's the reality, and I understand a decision that this wouldn't have been in the best interests of the country.

Especially in light of the closeness of the election, it's hard to estimate how much worse this would have made the political climate in Washington.

Good research at your #24, but for the life of me, I can't get the actual report. I get the related matters on Nussbaum etc, but can't find the correct link to a pdf or html copy of this report as released. Anyone got a link to the court?

I even heard this story on NPR!! Is the sky still blue?

Bump!!!!!

Went to the court site and it links back to the page that doesn't have the "Monica Lewinsky and others" reports....perhaps we will be kept waiting for our steak luncheon.

"This is more Non-news. Just self promotion for Robert Ray, who didn't do his job"

You are so correct. Wanna bet this story is GONE within 48 hours?

Well Mr. Clinton, we will not forget at FreeRepublic.

FYI. ample evidence to charge bubba.

Just to take a tour down memory road

TABLE A
INDICTMENTS, PROSECUTIONS AND CONVICTIONS

NAME	ACTION/DATE	CHARGES	DISPOSITION
1. David Hale	Indictment 9/23/93 Superseding Indictment 2/17/94 Superseding Information 3/22/94	Four Felony Counts: Conspiracy; False Statements. Four Felony Counts: Conspiracy; False Statements. Two Felony Counts: Conspiracy; Mail Fraud.	Guilty Plea on 3/22/94. Sentenced 3/25/96: 28 months imprisonment; 3 years supervised release; $10,000 fine; restitution $2,040,000; $100 special assessment (2/6/98 -- sentence reduced to time served and fine abated).
2. Charles Matthews	Indicted 9/23/93 Superseding Indictment 2/17/94 Superseding Information 6/23/94	Two Felony Counts: Conspiracy. One Felony Count: Conspiracy. Two Misdemeanor Counts: Bribery.	Guilty Plea on 6/23/94. Sentenced 1/3/95: 16 months imprisonment; one year of supervised release; $7,500 fine; $25 special assessment.
3. Eugene Fitzhugh	Indicted 9/23/93 Superseding Indictment 2/17/94 Superseding Information 6/23/94	Two Felony Counts: Conspiracy. One Felony Count: Conspiracy. One Misdemeanor Count: Bribery.	Guilty Plea on 6/23/94. Sentenced 10/22/96: 10 months imprisonment - first five months in a halfway house or medical facility and final five months on home detention; 1 year supervised release; $3,000 fine; $25 special assessment.
4. Robert W. Palmer	Information 12/5/94	One Felony Count: Conspiracy.	Guilty Plea on 12/5/94. Sentenced 6/16/95: 3 years probation - first year home detention; $5,000 fine.
5. Webster L. Hubbell	Information 12/6/94	Two Felony Counts: Mail Fraud; Tax Evasion.	Guilty Plea on 12/6/94. Sentenced 6/23/95: 21 months imprisonment, followed by 3 years supervised release; restitution of $135,000; 48 hours of community service at ADC.
6. Neal T. Ainley	Indictment 2/28/95 Superseding Information 5/2/95	Five Felony Counts: Conspiracy, Failure to File Currency Transaction Reports, False Entries, and False Statements. Two Misdemeanor Counts: Willfully delivering/disclosing fraudulent document.	Guilty Plea on 5/2/95. Sentenced: 1/18/96; 2 years probation; first year 8 hours per week community service; $1,000 fine; $50 special assessment.
7. Christopher V. Wade	Information 3/21/95	Two Felony Counts: Bankruptcy Fraud/False Applications and Certifications to Financial Institution.	Guilty Plea on 3/21/95. Sentenced 12/1/95: 15 months imprisonment; 3 years supervisory release; $3,000 fine; $100 special assessment.
8. William J. Marks, Sr.	Indictment 6/7/95 Superseding Information 8/28/97	Three Felony Counts: Conspiracy to Defraud SBA, False Statements, Conspiracy to Defraud IRS. One Felony Count: Conspiracy to Defraud U.S.	Guilty Plea on 8/28/97. Sentenced 5/18/98: 4 years supervisory probation; 4 hours community service per week for 4 years; $1,000,000 restitution; $6,000 fine; $50 special assessment.
9. Jim Guy Tucker	Indictment 6/7/95 Superseding Information 2/20/98	Three Felony Counts: Conspiracy to Defraud SBA, False Statements, Conspiracy to Defraud IRS. One Felony Count: Conspiracy to Defraud U.S.	Guilty Plea on 2/20/98. Sentenced 5/17/99: restitution of $1,000,000; 4 years probation (4 hours per week of community service); fine of $6,000; $50 special assessment. On 7/3/00, the restitution was remanded to district court. On 12/1/00 resentencing was deferred.
10. John Haley	Indictment 6/7/95 Superseding Information 2/20/98	One Felony Count: Conspiracy to Defraud IRS. One Misdemeanor Count: Aiding and Abetting Others in Willful Failure to Supply Information to IRS.	Guilty Plea 2/20/98. Sentenced 8/20/98: 3 years supervised probation; 8 hours community service per week for 3 years; $40,000 restitution; $30,000 fine.
11. Stephen A. Smith	Information 6/8/95	One Misdemeanor Count: Conspiracy.	Guilty Plea on 6/8/95. Sentenced 7/12/96: One year probation; 100 hours community service; $1,000 fine; $25 special assessment.
12. Larry Kuca	Information 7/13/95	One Misdemeanor Count: Conspiracy.	Guilty Plea on 7/13/95. Sentenced 10/11/95: 2 years probation; 80 hours community service; restitution to SBA of $65,862; $25 special assessment.
13. Jim Guy Tucker	Indictment 8/17/95 Trial 3/4/96 Verdict 5/28/96	Eleven Felony Counts: Conspiracy, Wire Fraud, Bank Fraud, Mail Fraud, Misapplication of Funds, False Entries in SBA Reports, False Statements.	Guilty Verdict on two counts: Conspiracy and Mail Fraud (not guilty on Wire Fraud, Bank Fraud, and Misapplication of Funds). Sentenced 8/19/96: 4 years probation (18 months home detention); community service; restitution to SBA of $150,000 plus interest; $25,000 fine. On 2/23/98, 8th Circuit remanded for further hearing on juror misconduct issue. Denied by district court 2/17/99, affirmed by 8th Circuit on 2/27/01. Motion to vacate sentence filed 8/17/00.
14. James B. McDougal	Indictment 8/17/95 Trial 3/4/96 Verdict 5/28/96	Nineteen Felony Counts: Conspiracy, Wire Fraud, Bank Fraud, Mail Fraud, Misapplication of Funds, False Statements, False Entries in SBA Report.	Guilty Verdict on eighteen counts (not guilty on one Mail Fraud charge). Sentenced 4/14/97: 3 years imprisonment; 3 years probation after prison (1st year home detention); restitution to SBA and FDIC, if able, of $4,274,301; $10,000 fine; $900 special assessment. Died on 3/8/98. /i>
15. Susan H. McDougal	Indictment 8/17/95 Trial 3/4/96 Verdict 5/28/96	Eight Felony Counts: Conspiracy, Wire Fraud, Mail Fraud, False Entries in SBA Report, Misapplication of Funds, False Statements.	Guilty Verdict on four counts: Mail Fraud, Misapplication of Funds, False Entries in SBA Report, False Statements. Sentenced 8/20/96: 24 months imprisonment; 3 years probation following prison; 104 hours community service each year; $5,000 fine; restitution of $300,000 plus interest to SBA. Conviction affirmed; jailed on contempt of court charges 9/9/96. Appeal on contempt denied. Commenced sentence 3/8/98. Sentence reduced to time served 6/25/98.
16. Webster L. Hubbell	Indictment 11/13/98	Fifteen Felony Counts: Impede the FDIC & RTC; Fraud; False Statements to FDIC; False Statements to RTC; Perjury; Mail Fraud.	Guilty Plea to Count One entered 6/30/99, to scheme to conceal material facts from FDIC and RTC under 18 U.S.C.§ 1001. Sentenced to one year of probation; $100 special assessment.

TABLE B
OTHER MATTERS NOT RESULTING IN CONVICTIONS

NAME	ACTION/DATE	CHARGES	DISPOSITION
1. Herby Branscum, Jr.	Indictment 2/20/96 Trial 6/17-8/1/96	Eleven Felony Counts: Conspiracy; False Entries; Misapplication of Funds; False Statements.	Verdict: Not Guilty on Counts 2, 9, 10, and 11. Mistrial on Counts 1, 3, 4, 5, 6, 7, and 8. Decision made 9/13/96 not to retry.
2. Robert M. Hill	Indictment 2/20/96 Trial 6/17-8/1/96	Eleven Felony Counts: Conspiracy; False Entries; Misapplication of Funds; False Statements.	Verdict: Not Guilty on Counts 2, 9, 10, and 11. Mistrial on Counts 1, 3, 4, 5, 6, 7, and 8. Decision made 9/13/96 not to retry.
3. Webster L. Hubbell	Indictment 4/30/98 Superseding Information 6/30/99	Nine Felony Counts: Conspiracy; Impede and Impair IRS; Tax Evasion; Aid in Preparing a False Return; Mail Fraud; Wire Fraud.	Conditional guilty plea on 6/30/99 to misdemeanor tax charge pending review granted 10/12/99 by Supreme Court on scope of act of production immunity. On 6/5/00, the Supreme Court vacated the indictment. On 10/20/00, conditional plea and misdemeanor tax charge were vacated.
4. Suzanna W. Hubbell	Indictment 4/30/98	Eight Felony Counts: Conspiracy; Impede and Impair IRS; Tax Evasion; Mail Fraud; Wire Fraud.	Dismissed pursuant to Hubbell guilty plea on 6/30/99.
5. Michael C. Schaufele	Indictment 4/30/98	Nine Felony Counts: Conspiracy; Impede and Impair IRS; Tax Evasion; Aid in Preparing a False Tax Return; Mail Fraud; Wire Fraud.	Dismissed pursuant to Hubbell guilty plea on 6/30/99.
6. Charles C. Owen	Indictment 4/30/98	Nine Felony Counts: Conspiracy; Impede and Impair IRS; Tax Evasion; Mail Fraud; Wire Fraud.	Dismissed pursuant to Hubbell guilty plea on 6/30/99.
7. Susan H. McDougal	Indictment 5/4/98 Trial 3/8-4/12/99	Three Felony Counts: Criminal Contempt (two counts); Obstruction of Justice.	Verdict 4/12/99: Not Guilty on Count Three (obstruction of justice); Hung jury on Counts One and Two (criminal contempt). Decision not to retry on 5/25/99.

TABLE C
EXECUTIVE GRANTS OF CLEMENCY

NAME	ACTION/DATE	BASIS OF CLEMENCY
1. Susan Henley McDougal	Full and Unconditional PardonJanuary 20, 2001	For her conviction in the United States District Court for the Eastern District of Arkansas on an indictment (Docket No. LR-CR-95-3993) charging violation of Section 1341, Title 18, United States Code, Section 657, Title 18, United States Code, Section 1006, Title 18, United States Code, and Section 1014, Title 18, United States Code, for which she was sentenced on August 20, 1996, to twenty-four months in prison, three years probation following prison, one hundred and four hours of community service each year, a $5,000 fine, and restitution in the amount of $300,000 plus interest to the SBA.
2. Robert William Palmer	Full and Unconditional PardonJanuary 20, 2001	For his conviction in the United States District Court for the Eastern District of Arkansas on an information (Docket No. LR-CR-94-240) charging violation of Section 371, Title 18, United States Code, for which he was sentenced on June 16, 1995 to three years' probation and a fine of $5,000.
3. Steven A. Smith	Full and Unconditional PardonJanuary 20, 2001	For his conviction in the United States District Court for the Eastern District of Arkansas on an information (Docket No. LR-CR-95-118) charging violation of Section 371, Title 18, United States Code, for which he was sentenced to one year of probation and a fine of $1,000.
4. Christopher V. Wade	Full and Unconditional PardonJanuary 20, 2001	For his conviction in the United States District Court for the Eastern District of Arkansas on an information (Docket No. 4:95CR00048-1) charging violation of Sections 152 and 1014, Title 18, United States Code, for which he was sentenced to 15 months' imprisonment, three years' supervised release, and a fine of $3,000.

And we are still talking about sex instead of treason. The Monica thing misdirected justice so badly I suspect bill made sure it got out himself.

You're exactly right. Clinton lied under oath and then promoted the scandel as a diversion away from more serious scandel. From Jones to Loral, it was the perfect solution and Clinton got his jollies too.

Unfortunately Robert Ray gives Conyers credit for a smattering of intelligence which he is completely devoid of. Hopefully a staffer will translate Ray's letter and the law to him, lest he embarrass himself further.

The response from X42's quarters come as no surprise:

Clinton spokeswoman Jennifer Palmieri said, "It's not clear what the purpose of the report is other than to promote Robert Ray's Senate campaign, Monica Lewinsky's HBO special and the Paula Jones vs. Tonya Harding boxing match. The release of the report is a nonevent. This investigation started as a political process and it ends as a political process."

DU, is throwing fits over this while it doesn't even make the top ten posts at FR.

Yes but they forget to point out that it was the COURT that released it....he filed it last year and it was the Court's responsibility and judgement as charged by law that determined, if, when and how much to release.

Here it is - I just downloaded it, about 14MB total -

http://icreport.access.gpo.gov/lewinsky.html

Independent Counsel Investigations

United States Court of Appeals for the District of Columbia Circuit, Division for the Purpose of Appointing Independent Counsels, Division No. 94-1
Final Report of the Independent Counsel In Re: Madison Guaranty Savings & Loan Association Regarding Monica Lewinsky and Others
Robert W. Ray
Independent Counsel
Filed May 18, 2001
Modified September 20, 2001
Released March 6, 2002

TITLE	Page
COVER	Cover
PRELIMINARY PAGES	Preliminary Pages
TITLE PAGE	Title Page
TABLE OF CONTENTS	iii-vi
TELEVISED STATEMENT OF INDEPENDENT COUNSEL ROBERT W. RAY FRIDAY, JANUARY 19, 2001	1
ACKNOWLEDGEMENTS	3-12
I. INTRODUCTION	13-20
II. SCOPE OF REPORT	21-22
III. FINDINGS	23-40
IV. ANALYSIS OF POTENTIAL VIOLATIONS OF FEDERAL CRIMINAL LAW	41-49
V. CONCLUSION	51-52
Appendix A-1. Materials Relating to the Independent Counsel's January 19, 2001 Resolution of the Investigation of President William Jefferson Clinton	53-63
Appendix A-2. Materials Relating to the Arkansas Supreme Court's Resolution of the Disbarment Proceedings Against President William Jefferson Clinton	65-83
Appendix B. Investigation of Allegations Made by Kathleen E. Willey	85-94
Appendix C. Unfounded Allegations of Criminal and Professional Misconduct and Spurious Claims of Privilege	95-121
Appendix D. The White House's Non-Compliance with Subpoena Requests for Electronically Maintained Documents	123-131
Appendix E. Financial Information Regarding the Office of the Independent Counsel for the Period August 5, 1994 to March 31, 2001	133-145
Appendix F. Investigation Chronology, In re: Madison Guaranty Savings & Loan Association, Div. No. 94-1 (D.C. Cir. [Spec. Div.] Jan. 16, 1998) (regarding Monica Lewinsky and others)	147-153
Comments	155-237

This document is sponsored by the Office of the Independent Counsel on the United States Government Printing Office web site.

Questions or comments regarding this service? Contact the GPO Access User Support Team
by Internet e-mail at gpoaccess@gpo.gov;
by telephone at 1-202-512-1530 or toll free at 1-888-293-6498;
by fax at 1-202-512-1262.

| GPO HOME | GPO INET Services |

Page #icreport.access.gpo.gov/lewinsky.html March 6, 2002

Like the chains on Marley's Ghost

That "clinton legacy" has been forged link by link by sordid link....

Madison Society - Slick Willy
... THE CLINTON TIME LINE. The Etherzone provides, in one location, all the events
of the Clinton Ongoing Corruption from 1977 through 2000. Read more. ...

CLINTON'S ROGUES GALLERY:
... And that gets to my second chart, Mr. Speaker, which is the time line.....Up until
1993, Mr. Speaker, under Democrats and Republican Presidents alike, there ...

The Cost of Life (Clinton/Gore Sellout of Security for Campaign Contributions) **FR EXCLUSIVE** #2

-DOWNSIDE LEGACY AT TWO DEGREES OF PRESIDENT CLINTON --

"Has that clinton "legacy" made you feel safer yet?"
Lest Americans ever forget why the clintons, and all their enablers need to be hectored, hounded, and harried into silence, until "clintonese is only spoken in Hell," look here:

The Holiday *Best* of Bill Clinton & his Friends!

Hodgepodge O' Hillary

-clintonism in one easy lesson--

-"until clintonese is spoken only in Hell!"--

Hillary! and Arafat's wife-

clintonscandals:

To find all articles tagged or indexed using clintonscandals, click below:
	click here >>>	clintonscandals	<<< click here
(To view all FR Bump Lists, click here)

Hillary:

To find all articles tagged or indexed using Hillary, click below:
	click here >>>	Hillary	<<< click here
(To view all FR Bump Lists, click here)

Clinton Alumni:

Clinton Alumni: for Clinton Alumni.

Other Bump Lists at: Free Republic Bump List Register

Hey buddy, this needs its' own thread!

Right I don't see the recent addition to the final report yet, either.

I read a couple of your posts and they are great! The list is astounding, and they couldn't pin anything on him? Hmm, who was on the take for these????

The New Republican Party= Spines of Jello

led Clinton and his defenders to accuse Starr's office of setting a perjury trap for the president.

Let's see, when someone asks you a question under oath, don't lie. Whew, just missed that perjury trap. LOL