August 31, 2007

Starving the Lewis Investigation. The WSJ's Scot Paltrow reports that the investigation of former House appropriations committee chairman Jerry Lewis (R-Ca) has been stalled by lack of funds. "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."

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. 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.

Money from the PAC was distributed to Republican congressional candidates facing difficult campaigns. The largesse was credited with gaining Mr. Lewis enough support from Republican House members to be chosen as appropriations committee chairman in January 2005. In addition, federal agents were looking into whether Mr. Lewis may have improperly paid for personal expenses with PAC funds.

Barbara Comstock, a spokeswoman for Mr. Lewis, said, "We have no comment," in response to emailed questions about the investigation.

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.

Rumored AG nominee consideree Theodore Olson is a partner at the firm, Gibson, Dunn, which represents Lewis, and which hired the former US Attorney for Los Angeles, Debra Wong Yang, who had been pursuing the case, which now looks all but dead.

Posted by Laura at August 31, 2007 11:54 AM