Intelligence Committee to Investigate
Former GOP Congressman Cunningham
LA Times
Inquiry Launched on Cunningham Abuses
Greg Miller
December 1, 2005
WASHINGTON — The House Intelligence Committee plans to investigate
whether former Rep. Randy "Duke" Cunningham, who pleaded guilty this week to
bribery and tax evasion, abused his position on the panel to steer contracts to
favored companies, the committee's chairman said Wednesday.
Rep. Peter Hoekstra (R-Mich.) said the committee would examine whether
Cunningham had influenced spending on classified programs to benefit companies
that offered him bribes, as well as whether he had used his access to
classified information to give such companies an advantage.
"He's pleaded guilty to some very, very serious charges," Hoekstra said in a
telephone interview. "At this point, he no longer gets the benefit of the
doubt. We now need to look at worst-case scenarios."
The inquiry by the panel opens a new front in the effort to determine the
scope of Cunningham's influence-peddling, which already ranks among the most
brazen crimes in recent congressional history.
The 63-year-old Republican from Rancho Santa Fe, a decorated Vietnam War
veteran and former "Top Gun" pilot, pleaded guilty Monday to taking $2.4
million in bribes and evading more than $1 million in taxes. He also announced
that he was resigning his House seat representing an affluent district in San
Diego County.
The primary focus of an ongoing federal investigation has been whether
Cunningham used his position on the House Appropriations subcommittee on
defense, which sets funding priorities for the Pentagon, to help several
companies in the San Diego area win millions of dollars in contracts.
Cunningham's membership on the Intelligence Committee — which sets the
broad spending priorities for the nation's 15 spy agencies and oversees their
clandestine activities around the world — has come under less
scrutiny.
He was named to the committee in 2001 and more recently served as chairman
of its subcommittee on terrorism, human intelligence, analysis and
counterintelligence. As a result, he had access to information on a vast array
of classified programs that receive about $40 billion in funding each year.
Cunningham's district is home to a number of defense contractors and other
companies that do classified intelligence-related work. Shortly after joining
the committee in 2001, he wrote to executives at a dozen companies in his
district, promoting his new position.
"I feel fortunate to represent the nation's top technological talent in the
'black' world," Cunningham wrote, referring to classified programs whose
budgets are not publicly disclosed.
The Feb. 8, 2001, letter went on to say that he "appreciated the opportunity
to work with you on key service funding priorities" and that his new position
would lead to "even greater opportunities to work together in support of our
national security and intelligence communities."
Harmony Allen, Cunningham's chief of staff, described the letter as an
invitation to a town-hall-style discussion that the former congressman
routinely held with leaders of various business sectors in his district.
Among the recipients of the letter was Brent Wilkes, the founder of ADCS
Inc., based in Poway. Investigators have scrutinized Wilkes' dealings with
Cunningham, and he has been identified by sources as an unnamed conspirator
mentioned in court filings.
Michael Lipman, a San Diego lawyer who represents both Wilkes and ADCS,
declined to say whether the company had contracts with intelligence
agencies.
A Washington defense contractor that has been linked to the investigation,
MZM Inc., has done counterintelligence work for the Pentagon, according to a
congressional source.
Hoekstra said he had seen no specific evidence that Cunningham had exploited
his Intelligence Committee position in committing his crimes. However, Hoekstra
said, "The charges that he's pled guilty to are ugly, and they are about as
ugly as you can get for somebody on the Intelligence Committee with access to
secret information."
The move by Hoekstra is part of a broader effort by Republicans to protect
themselves from political fallout from Cunningham's guilty plea.
Democrats have seized on the case, describing it as the latest example of
lapsed ethics among the Republicans who control Congress.
However, the ranking Democrat on the Intelligence Committee, Jane Harman of
Venice, declined through a spokesman to comment on the pending
investigation.
Current and former Intelligence Committee aides said the investigation
probably would focus on whether Cunningham sought to influence either
expenditures on specific programs or officials in spy agencies who are in a
position to award lucrative contracts.
"I would look at any phone calls or letters or contact between Cunningham's
office and the CIA contracting officer [or officials at other spy agencies] to
see whether there was inappropriate influence," said one former senior House
Intelligence Committee aide.
Members of the Intelligence Committee cannot allocate funds to specific
programs, as members of the Appropriations Committee can. "But in terms of
fighting for or not fighting for projects, there certainly is that opportunity,
and there's always an opportunity for horse-trading with the Appropriations
Committee," the former aide said.
An aide to the Senate Select Committee on Intelligence said an inquiry into
Cunningham probably would also scrutinize any letters he submitted to the House
panel endorsing specific programs, along with any conversations with ranking
members or senior staffers about such programs.
Cunningham's access to committee staff and classified information was
terminated Monday, immediately after his guilty plea, a committee aide said. As
of Wednesday, the committee had not yet received an official letter of
resignation.
Times staff writer Richard Simon contributed to this report.
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