Showing posts with label Ohio. Show all posts
Showing posts with label Ohio. Show all posts

Saturday, April 16, 2016

Jim Traficant: beamed out

Former U.S. Rep. James Traficant, seen here during a House Ethics Committee hearing in 2002, served seven years in prison on federal bribery and racketeering charges. Traficant died on Saturday. He was 73.
Jim Traficant appears before the House Ethics Committee after his criminal conviction in 2002

The cult of personality that has grown around Donald Trump, the current front-runner for the Republican nomination for President in this year's election, has left many people wondering why he holds any appeal at all. Trump's supporters hold him up as someone who can boost the American economy, and whose frankness will prove a welcome challenge to political correctness and "politics as usual" in the nation's capital. Opponents see a narcissistic blowhard who offers an authoritarian and impractical solution to illegal immigration while failing to denounce support from white supremacists.

It all must seem like deja vu to the voters of Youngstown, Ohio. For nearly 20 years, their representative in Congress was a brash man with an awful toupee and a consistent record of irritating his colleagues.

But while James A. Traficant Jr. was largely despised in the House of Representatives, he enjoyed plenty of support at home. Over the years, he built up a reputation as a person who sought to fight government waste and bring economic development to a chronically depressed district in the Rust Belt. Even after his career ended ignominiously, with a conviction on corruption charges and expulsion from Congress, he enjoyed plenty of support at home.

Jim Traficant was born in Youngstown on May 8, 1941. He graduated from Cardinal Mooney High School in 1959 and went on to attend the University of Pittsburgh, where he earned a bachelor of science degree in 1963. While at the school, Traficant became quarterback of the football team and played alongside Mike Ditka, who would go on to become a renowned coach for the Chicago Bears. Traficant was a late round pick for the Pittsburgh Steelers, but didn't make the team. He also tried unsuccessfully to play with the Oakland Raiders.


Even at this stage in his life, Traficant earned a reputation for speaking his mind. While still attending the University of Pittsburgh, he made headlines for insulting the school in an interview. He had made two mistakes so far in his life, he claimed: "Coming to Pitt was the first. Staying at Pitt was the second." After he graduated, he spent some time working for insurance companies before becoming the consumer finance coordinator for the Youngstown Area Community Action Council in February 1967.

By this time, Youngstown had fallen on hard times. The city had been a center of steel production for decades, and its population had swelled to 130,000 in 1930. Mills provided work for thousands of people, and demand for steel boomed during World War II. But increased globalization and a decline in the steel industry caused Youngstown's economy to stagnate. Organized crime seized the opportunity to take control of city and county government posts, with mobsters from Cleveland and Pittsburgh battling for influence. Higher poverty and the prevalence of illegal drugs added to the persistent problems in the region.

Traficant turned his attention to the drug problem in 1972, becoming the coordinator for Mahoning County Drug Programs. He later became executive director of the organization. He returned to the University of Pittsburgh and earned a master's degree in administration in 1973. He got a second master's degree, this one in counseling, from Youngstown State University in 1976. In November 1977, Traficant became the chairman of the Mahoning County Welfare Advisory Board.

Traficant tried his hand at politics in 1980, when he ran for the Democratic nomination for sheriff of Mahoning County. He managed to defeat incumbent George D. Tablack in the primary, and won the general election despite the party's decision not to endorse him. Among the changes Traficant made while in office was the decision to institute 10-hour work shifts for deputies and end the use of county cars and credit cards.


In October 1981, a Mahoning County reserve deputy was murdered. While transporting a dangerous prisoner, John Litch Jr.'s vehicle was rear-ended by a vehicle driven by the prisoner's half-brother. When Litch got out to investigate, the driver shot and killed him. Both the prisoner and his half-brother managed to escape, but were later apprehended. Litch was the first Youngstown area law enforcement officer to be killed in the line of duty since 1952, although four other police officers had been shot during the year. Traficant said he accepted responsibility for Litch's death, but came under investigation after it was reported that the sheriff's office had been tipped off about the possibility of an ambush and not taken any action. A grand jury decided not to charge him with any malfeasance.

One incident which helped give Traficant a folk hero reputation occurred in 1983. By law, the sheriff was required to sign foreclosure deeds after a property was sold at auction. When a court presented Traficant with 10 foreclosure notices for the residences of unemployed mill workers, he refused to sign them until he knew "the disposition of those people displaced from their homes." In February, he was found in contempt of court and ordered to spend 100 days in jail.

Admirers would thereafter remember Traficant as a sheriff who was unwilling to carry out foreclosures on the downtrodden. However, he was imprisoned for only three days before agreeing to serve the notices, after which he was released. Still, Traficant continued to show sympathy for those who were about to lose their homes. In December 1987, while serving in Congress, he successfully created a $3.5 million program to provide counseling for people who were facing foreclosure.

By the time Traficant did his brief stint behind bars, he was facing a much longer prison sentence. Although the Pittsburgh and Cleveland crime families were locked in a violent power struggle for control of Youngstown, they collaborated when it came to keeping local political figures in their pocket. Federal investigators had built a case that Traficant had received $163,000 in campaign contributions from both mob factions in exchange for turning a blind eye to their criminal activities.

As Traficant told it, Cleveland mob boss Charles Carrabia contributed $103,000 toward his primary campaign. Carrabia also took him to meet with James Prato, a leader in the Pittsburgh crime syndicate, a few days before the primary. Prato handed Traficant an envelope stuffed with $55,000 to add to the campaign. However, Traficant soon gave the money to Carrabia with instructions to return it to Prato. He didn't think he was going to win the primary anyway, and he wasn't keen on getting mixed up with the area's criminal syndicates.

After his unexpected victory in the primary, Traficant claimed, he planned on using Carrabia's support to help end Prato's criminal activities in Youngstown. He met with Carrabia on several occasions after the primary, promising to have the sheriff's office hassle the Pittsburgh faction. Unbeknownst to him, Carrabia was having several of the meetings recorded. And when other meetings with Prato failed to materialize, Traficant suspected that Carrabia was the weaker of the two mobsters.

Soon after Traficant won the general election, Carrabia and his brother scheduled a meeting with the sheriff to play one of the tapes. Carrabia threatened to turn over the incriminating evidence to the FBI if the new sheriff did not cooperate with him. Traficant claims that he was defiant, telling Carrabia's brother to "shove that tape right up his fucking ass." Though the recording would have implicated Carrabia, it also had the potential to bring down both Traficant and Prato.

But in December 1980, Carrabia disappeared and was never heard from again. Traficant took office in January 1981, and within three months the mobster who had recorded the meeting (Joe DeRose) was also missing. Both men were presumed dead.

The FBI still got wind of the recordings, finding some of the audio tapes during a search of DeRose's home. Agents confronted Traficant on June 15, 1981, playing one of the recordings for him. He confirmed that the voice of the person meeting with Carrabia, and discussing the exchange of money, was his own. He also drew up a statement about how he had accepted campaign funds from Carrabia and taken (and returned) additional money from Prato.

Both the tapes and the document would prove to be controversial. The FBI referred to it as a confession, saying it confirmed that Traficant had colluded with the mob and taken bribes to favor one faction in the war for Youngstown. They offered to grant Traficant immunity if he assisted in an investigation to crack down on organized crime in the region, but said he would have to resign as sheriff to accept the deal. Traficant met several times with the FBI, trying unsuccessfully to negotiate an alternate arrangement where he could offer assistance in the investigation while staying in his elected role; the FBI refused. In addition to this fundamental disagreement, Traficant was worried what would happen to him if he became a key witness against the mob; he had started carrying a .38-caliber handgun on him at all times after Carrabia and DeRose vanished.

In August 1982, a grand jury indicted Traficant for tax evasion as well as bribery conspiracy under the Racketeer Influenced and Corrupt Organizations Act, which had been passed in 1970 to target organized criminal enterprises. Several organizations and officials had been calling for him to step down as sheriff prior to the indictment, including the judges of the Court of Common Pleas. Traficant refused, saying at one point, "To all those politicians who want me to resign: go fuck yourselves."

Though an attorney represented Traficant for the early stages of the case, the relationship eventually grew strained. Ignoring the legal advice to keep quiet before the trial, Traficant frequently ranted to the press about the FBI and IRS. He accused several public officials of having ties to organized crime, alleging that mobsters were working with the prosecutors to take him down. He also accused the FBI of forging his confession and doctoring the recordings. The head of the Mahoning County Democratic Party, who happened to be Prato's lawyer, petitioned unsuccessfully to have Traficant sent to an insane asylum.

When the case went to trial in May 1983, Traficant would act as his own lawyer. The sheriff had no experience in the courtroom, and later admitted that he first thought RICO referred to a crime family. If convicted, he faced up to 23 years in prison. Traficant made several unsuccessful attempts to have the trial moved from Cleveland to Mahoning County, saying the case was unique to that area. The judge refused to grant Traficant's request to have the jury made up entirely of Youngstown residents, although three people from the city were ultimately selected as jurors.

During the seven-week trial, the prosecution relied on the recordings, Traficant's signed statement, and testimony from several witnesses who said they were aware of the sheriff's links to the mob. The testimony included a Mahoning County deputy who said Traficant asked him at least five times to give him a superficial gunshot wound to make it seem like the sheriff had been targeted in a mob hit. Traficant admitted to the jury that he had taken money from both the Cleveland and Pittsburgh mob families. However, he said it was part of a sting operation to infiltrate the organizations and entrap the mobsters. He claimed that the statement to the FBI had been coerced, and that he didn't tell agents about his activities because he did not trust them.

He also brought up his background in helping crack down on drug abuse in Mahoning County, saying he wouldn't have gone from this profession to helping mobsters involved in the narcotics trade. Indeed, Traficant declared during his first campaign for the House of Representatives that he would seek to impose the death penalty for certain drug offenses. He kept his promise, proposing such a measure in March 1985.

On June 15, 1983, the jury acquitted Traficant of all charges. Jurors said they had discounted both the confession and the audio recordings since they couldn't be sure of their authenticity. It was an astonishing result that only added to Traficant's reputation. Stephen Jigger, head of the prosecution team, said he thought the sheriff's guilt had been proven without a doubt, but that Traficant had managed to direct the jury's attention to irrelevant points. He described Traficant as "an intelligent, articulate, and aggressive defendant" as well as a "skilled politician."

Indeed, the acquittal would prove to be a springboard that brought Traficant to national office. In 1984, he defeated six other candidates for the Democratic nomination for his House of Representatives district. He went on to defeat the incumbent Republican congressman, Lyle Williams, by almost 20,000 votes. Once again, he managed the victory even though his party declined to endorse him.

The corruption trial also resulted in another curious outcome. In August 1984, the IRS informed Traficant that he owed taxes on the $163,000 he had admitted to taking from the crime families. When he hadn't paid by the middle of 1985, they pressed the issue. The trial was delayed until after the 1986 election, when Traficant was re-elected to the House.

The victory at the criminal trial had made Traficant confident that he would be able to represent himself once again. The four-day trial took place in the U.S. Tax Court in Cleveland in November 1986. Traficant claimed that he had only accepted the money so it could not be used against him in the 1980 sheriff's race, and had returned it after the election. The signed statement and audio tapes were once again introduced as evidence.

Traficant did not have as much luck in these proceedings, and he held out slim hope for victory. "This is America. Even though this is the IRS, you never know," he said. "This stumbling jackass may pull it off."

He didn't; in September 1987, the court found in favor of the federal government. Traficant was ordered to pay back taxes on $108,000 in mob contributions that he had failed to report, plus interest and penalties. He challenged the decision soon after, but an appeals court upheld the verdict in August 1989. Four months later, he failed to meet a deadline to bring the matter before the Supreme Court.

Traficant would target the IRS at several points during his career. Anticipating his defeat in the tax case, he introduced legislation in April 1987 to protect the taxpayer from an "overzealous IRS." He later proposed legislation to limit the ability of the IRS to seize property from people charged with tax evasion, and his suggestions were folded into a tax reform bill approved by President Bill Clinton in 1998. Traficant was also pleased with the "Taxpayer Bill of Rights" passed by Congress in April 1996.

The Washington Post would describe Traficant as "one of the most deliberately outrageous members of Congress in history." He was known for a terribly unfashionable wardrobe, including polyester or denim suits, skinny ties, and cowboy boots. His ridiculous appearance was further enhanced by an enormous mound of perpetually mussed-up hair. "He looked less smart then he was," recalled Charles Straub, Traficant's former press secretary. "It put people off guard. It was part of his mystique as just an average citizen. But he was a very shrewd politician."

Traficant also became famous for a series of rambling, sometimes profane speeches on the floor of Congress. Representatives have the ability to speak on any subject, provided the remarks do not go longer than one minute. Traficant capitalized on this privilege to take numerous potshots at what he considered to be overreach, inefficiency, or foolishness on the part of the federal government.

The rants were often related to an obscure topic. In 2001, in between one-minute speeches by congressmen who advocated a United Nations war crimes tribunal for Saddam Hussein and a balanced energy plan for California, Traficant used his time to comment on a St. Louis alderwoman who had urinated in a trash can so she wouldn't have to yield the floor during a filibuster. He typically ended the speeches by shaking his head in dismay and making a Star Trek reference by declaring, "Beam me up, Mr. Speaker."


Criticizing foreign aid to the Soviet Union on one occasion, Traficant said, "Russia gets $15 billion in foreign aid from Uncle Sam. In exchange, Uncle Sam gets nuclear missiles pointed at our cities, two tape decks, and three cases of vodka." At another point, he said, "The Lord's Prayer is 66 words, the Gettysburg Address is 286 words, the Declaration of Independence is 1,322 words. U.S. regulation on the sale of cabbage—that is right, cabbage—is 27,000 words. Now if that is not enough to give Hulk Hogan's dictionary a hernia, check this out. Regulatory red tape in America costs taxpayers $400 billion every year, over $4,000 each year, every year, year in, year out, for every family. Beam me up."

Traficant's fellow congressmen were particularly irked in October 1990, when he made a remark about "political prostitutes" in Congress. He subsequently apologized "to all the hookers of American for associating them with the United States Congress."

These insults and scattershot criticisms did little to endear Traficant to other members of Congress, but they earned him a good deal of popularity in his home district. He would be re-elected to another eight terms after 1984, with his constituents praising what they saw as brutal honesty and an effort to shake up the nation's capital.

"We don't have much hope right now, and things are getting more dismal by the day. But one of the few things we still have faith in is that guy over there, Jim Traficant," said an unemployed ironworker who visited Traficant in Washington in 1985. "We know he'll fight for us. He is our blessing." Tim Ryan, who worked as an aide to Traficant, recalled the congressman by saying, "He was always rooting for the underdog, and was willing to spend his time and energy trying to help people that nobody else would listen to. There wasn't a guy who had more charisma, or more of an ability to make someone feel special and part of the fun that was going on." Supporters gave him the affectionate nickname Jimbo.

Although his outlandish appearance and statements dominated Traficant's personality, he also developed a substantial record of bringing federal assistance to his district. He succeeded in bringing a Saturn automotive plant to the Mahoning Valley and traveled to Japan to try to convince Mitsubishi to set up a similar facility in the region. He revived a proposal to build a canal between Lake Erie and the Ohio River. He also managed to get federal funding for the construction of two federal courthouses, a VA clinic, and a convocation center in Youngstown during his time in office. In May 1998, he secured $46 million for local road projects.

Although he worked to get federal spending directed to his home district, Traficant called for reduction in expenditures in other areas. He was particularly opposed to foreign aid, and also called for less government regulation on businesses. He called for "Buy American" provisions in spending bills and expressed opposition to free trade agreements. Traficant also supported tough measures against illegal immigration, calling for the deportation of anyone who entered the country unlawfully; he also wanted American soldiers stationed on the border with Mexico to stop anyone trying to sneak into the United States.

Traficant occasionally flirted with the idea of running for a different office. He formed a committee to explore a presidential bid in April 1987, and managed to get enough votes to send a single delegate to the Democratic National Convention. He ended this effort a year later, pledging the delegate to support Governor Michael Dukakis of Massachusetts. After winning a fourth term to the House of Representatives in 1994, he said he was considering whether to run in Ohio's gubernatorial or Senate race in 1998.

Traficant earned plenty of criticism in the late 1980s and early 1990s when he came to the defense of two men accused of war crimes during World War II. He first offered a vocal defense of John Demjanjuk, a Ukrainian-born retired Ohio autoworker. Demjanjuk was accused of being a notoriously cruel guard, nicknamed "Ivan the Terrible," at the Treblinka death camp. Extradited to Israel in 1986, he was convicted two years later and sentenced to death. The Israeli Supreme Court overturned his conviction in 1993 after determining that there was insufficient evidence to convict Demjanjuk, and Traficant claimed his appeal had led to the reexamination of the case. He flew to Israel to accompany Demjanjuk back to the United States. Demjanjuk's case would persist for almost another 20 years; he was later deported to Germany, convicted of war crimes, and died in 2012 while the case was under appeal.

Traficant with John Demjanjuk on a flight back to the United States in 1993

Arthur Rudolph also earned Traficant's sympathy. Rudolph had also been accused of abusing prisoners while working as a Nazi rocket scientist, although he was later admitted into the United States and worked with NASA on the Apollo program. In 1984, he surrendered his citizenship and left the country as part of an agreement with the U.S. government, ultimately ending up in West Germany. In May 1990, Traficant angered the Jewish community when he said that Rudolph should be allowed to return to the United States and that a "powerful Jewish lobby" was trying to intimidate government officials.

Traficant's contentious relationship with the Democrats continued in Congress. A January 1998 analysis of his voting record found that he had gone against his own party 77 percent of the time. He voted against Clinton's budget in May 1993, but did not support impeachment of the President in 1998. Traficant also held pro-life views and was in favor of organized prayer in public schools. After the massacre at Columbine High School in 1998, he called for an end to the constitutional ban on school prayer, saying, "People who pray together are not likely to kill one another."

The Democrats tolerated Traficant's maverick ways until early 2001. The elections of 2000 had demonstrated just how divided the nation was in terms of political opinions. In addition to the controversial presidential election, where Republican candidate George W. Bush was sent to the White House after a Supreme Court decision to end a ballot recount in Florida, both chambers of Congress were split almost evenly between the major political parties. The Republicans continued to hold a majority, although it had dwindled to seven seats.

On January 3, 2001, the members of the House of Representatives cast their votes for Speaker of the House. The Republicans put forth Dennis Hastert of Illinois while the Democrats backed Dick Gephardt of Missouri. Traficant broke from his party and supported Hastert, earning him a standing ovation from the Republican representatives. He was the only Democrat to support Hastert, who was chosen as Speaker with 221 votes.

Angered by Traficant's apostasy, the Democratic leadership kicked him out of the party caucus, stripped him of his seniority, and removed all of his committee assignments. The punishment made him the first rank-and-file congressman to serve without a committee assignment in almost a century. There was some speculation that Traficant would defect to the other side of the aisle, but he never did so. House Majority Leader Dick Armey later said that the GOP never offered Traficant a place in their caucus, and Traficant never requested one. "I have told Jim myself, and told him some time ago, it would not be in his best interest to join the Republican Party," Armey said in May 2001. "He doesn't get his mile of slack if he's a Republican, and Jim needs a mile of slack."

The Republicans may also have been reluctant to extend an invitation to a congressman who seemed to be on the verge of a criminal indictment. Several of Traficant's associates had been convicted in a far-ranging investigation in eastern Ohio, and observers suggested that it would only be a matter of time before they charged him.

Organized crime had once again provided the impetus for the investigation. Paul Gains, a newly elected prosecutor in Mahoning County who had ousted an incumbent with mob ties, was shot three times at his home and left for dead on Christmas Eve of 1996. Investigators began unraveling a web of corrupt activities, with the first indictments coming down in December 1997. More than 70 people would ultimately be convicted, including the former Mahoning County prosecutor, a sheriff, and several local businessmen. The FBI subpoenaed Traficant's payroll records and other information in December 1999, and began questioning people about possible unpaid perks offered to the congressman two months later.

As a result of the looming charges, Traficant had faced a tougher than expected challenge in the 2000 election. Robert Hagan, a state senator and one of the challengers in the Democratic primary, mounted an especially spirited offense. He accused Traficant of alienating people with his off-color behavior, driving businesses out of Youngstown, and failing to adequately represent his district. Hagan also happened to be the brother-in-law of Kate Mulgrew, an actress on Star Trek: Voyager. He capitalized on this coincidence by recruiting her for his TV ads to play on Traficant's catchphrase. Democratic voters in Youngstown were urged by Captain Janeway herself to "beam out" Traficant.

Traficant had triumphed in the March primary, but only came away with 51 percent of the vote. He had won the general election by a similarly tight margin, with about 50 percent of the voters favoring him in a three-way race.

These victories were all the more remarkable in that they occurred as several of Traficant's associates were being convicted. Two of his former aides, George M. Alexander and Charles O'Nesti, pleaded guilty shortly before the primary to racketeering conspiracy related to former Youngstown mob boss Lenine Strollo. Traficant, realizing that a case was likely forming against him, accused the federal government of targeting him because he had a pending bill supporting an investigation of the FBI's botched raid on the Branch Davidian compound in Waco, Texas. In August 2000, he ignored a court order to turn over pertinent information.

In October, contractor A. David Sugar was convicted of perjury, obstruction of justice, and witness tampering after admitting to lying to a federal grand jury. Sugar had told his secretary to lie about fake invoices related to work done at Traficant's Ohio farm. Another person who had done work at this site, Clarence T. Broad, pleaded guilty in November to trying to influence a federal witness.

Traficant was indicted on May 4, 2001, on 10 counts. The charges, unrelated to the assassination attempt on Gains, included bribery, fraud, racketeering, and tax evasion. Prosecutors charged that the congressman had demanded monthly kickbacks of as much as $2,500 from his employees in order for them to keep their jobs. Staffers had also been ordered to do personal work for Traficant, including baling hay at his farm and doing upkeep on a Potomac River houseboat where the congressman had formerly lived while in Washington, D.C. In addition, he was accused of promising favors for businessmen who gave him free items and services, including the use of a Corvette and Avanti luxury car and the construction of a pole barn on his farm. In one instance, Traficant had helped businessman John J. Cafaro win approval from the Federal Aviation Administration for a laser guidance technology developed by Cafaro's company; Cafaro had rewarded him with a gift of thousands of dollars to pay off and repair Traficant's houseboat.

Photo detail
Traficant's mugshot, dated May 11, 2001, following his indictment

The case went to trial in February 2002 in Cleveland. Once again, Traficant opted to represent himself instead of hiring professional counsel, and the courtroom was not immune from the bizarre behavior he often exhibited in Congress. After an FBI agent said none of Traficant's associates was asked to wear a hidden microphone because the congressman often hugged them and slapped them on the back, Traficant asked almost every witness, "Did I ever hug you?" He repeated other questions dozens of times, described the prosecution as having "the testicles of an ant," directly accused one witness of lying under oath, and objected to any IRS testimony since they represented "thieves who prey upon the American people." Traficant said he engaged in these antics because he considered the courtroom a "theater," but later chalked it up to inexperience; he was not a lawyer, he pointed out, but rather the "son of a truck driver."

On April 12, after 10 weeks of testimony, Traficant was convicted on all counts. He quickly blamed the trial process, complaining about the jurors from the Cleveland area. He had tried unsuccessfully for a change of venue or to get a jury of only Youngstown residents. "Very few people on this jury really knew Jim Traficant or had an understanding of Jim Traficant. I think that would have made a big difference," he declared. Indeed, Traficant continued to enjoy a great deal of support at home. Youngstown area radio show host Dan Ryan fielded several calls from residents after the conviction, many of whom defended the congressman; one said that plenty of other politicians took bribes, and that Traficant's misbehavior was paltry by comparison.

Five days after the verdict, the House Committee on Standards and Official Conduct met to determine a punishment for the convicted congressman. Traficant asked committee chairman Joel Hefley, a Colorado Republican, to "go light." But he also put his typical devil-may-care attitude on display. He complained that there was no coffee available at the hearings, threatened to call for the expulsion of all committee members, and said he'd like to kick his prosecutors in the crotch. The committee found Traficant guilty of nine ethics violation and, on July 18, 2002, made the unanimous recommendation that he be expelled.


In Ohio, both political parties welcomed the news. A Democratic spokeswoman said the party had had nothing to do with Traficant for the past two years. Jason Mauk, speaking for the state's Republican Party, declared, "It's embarrassing to think that Jim Traficant is the national face of Ohio politics right now."

Typically, congressmen subject to a criminal conviction or other scandal decide to resign before Congress can take any punitive action. Only four congressmen had been expelled from the House of Representatives prior to the recommended action against Traficant. Three had been thrown out during the Civil War, for fighting on behalf of the Confederacy while representing border states of the Union. The fourth, Democratic Representative Michael Myers of Pennsylvania, was expelled after his conviction in the Abscam scandal in 1980.

Even when faced with prison time and joining this none-too-appealing club, Traficant remained jocular. He suggested that he would go to the proceedings in a denim suit and show off his impression of Michael Jackson's moonwalk on the floor of Congress.

On July 24, the House took up the expulsion measure. Anticipating a harangue from Traficant, Speaker Hastert opened the proceedings by reminding members about the rules against abusive language. The warning did little to temper the rambling statement offered by Traficant. He claimed that the witnesses had a grudge against him, but also accused the government into coercing their testimony, crying, "I'll go to jail. But I'll be damned if I'll be pressured by a government that pressured these witnesses to death." Traficant suggested that the federal judge at his trial had been hostile and that Attorney General Janet Reno, whom he had accused of treason in August 2000, was trying to oust him. He also referenced his infamous hair, saying he cut it with a weed whacker.

Representative Steven C. LaTourette, an Ohio Republican, suggested that the motion on Traficant's expulsion should be delayed until September. He said this action would allow for Traficant's sentencing to take place and for his legal motions on the matter to be heard. The suggestion won a fair amount of support, mostly from Republicans, but was defeated in a 146-285 vote.

When it came to Traficant's arguments, his fellow congressmen had little sympathy. Those who made statements denounced him for bringing dishonor to the House, and suggested that to believe his defense was to put credence in an absurd conspiracy that involved the IRS, FBI, U.S. Attorney's Office, and a federal judge all colluding to bring him down.

A two-thirds majority was needed for expulsion, but the final tally was nearly unanimous. A total of 420 representatives voted in favor of Traficant's expulsion, with only one congressman opposed. The lone dissenter was Gary Condit of California, who was embroiled in a scandal of his own. Condit had admitted to an affair with Chandra Levy, a young intern from his district, but only after repeated questioning related to her disappearance in May 2001; Levy's body had been found in May 2002, and her death was ruled a homicide. Condit was a lame duck congressman by the time of Traficant's expulsion, having lost the Democratic primary in March.

Six days after he was thrown out of Congress, Traficant was sentenced to eight years in prison. At the time, it was the longest sentence ever imposed on a congressman, extending nine months longer than the minimum sentence recommended by prosecutors. Judge Lesley Brooks Wells said she added the extra time because Traficant had undermined the respect for his office and shown himself to be dishonest. She also ordered him to pay more than $250,000 in penalties, including a $150,000 fine, the forfeiture of $96,000 of unreported income from staffer kickbacks, and a $1,000 special assessment.

Wells referenced Traficant's congressional record at the sentencing, declaring, "You've done a lot of good in your years in Congress...The good you have done does not excuse you of the crime you were convicted of." Referring to Traficant's frequent promises that he would fight the charges like a "junkyard dog," Wells declared, "The truth, sir, is rarely in you. You were howling that you were going to fight like a junkyard dog in the eye of a hurricane, and you did fight that way, to protect a junkyard full of deceit and corruption and greed."

Since the judge refused to let Traficant remain free on bail while he appealed his case, he immediately began his time behind bars. "I committed no crime. I regret nothing I said," he declared, saying he intended to run for re-election in the 2002 race while incarcerated. It was only when he reported to prison that his famous hairdo was revealed to be a toupee. Traficant had to remove the hairpiece during a routine inmate search, and was informed that he wouldn't be able to wear it while in federal prison.

As promised, Traficant entered the 2002 race as an independent candidate. He managed to get 15 percent of the vote, but lost to Democratic candidate Tim Ryan, a state senator and former aide to Traficant. Despite his conviction, Traficant was able to start collecting an annual pension of about $40,000 after turning 62 in 2003. In June 2008, a federal judge ordered $250 to be deducted from his $1,037.79 a month state pension to go toward his fine. Traficant started his sentence at the Allenwood Federal Correctional Complex in Pennsylvania, then served the remainder at the Federal Medical Center in Rochester, Minnesota, after he was transferred due to an undisclosed medical or mental health issue.

An appeals court upheld Traficant's conviction in March 2004. The Supreme Court refused to hear his case in January 2005. Traficant took up painting and began creating scenes of horses and barns. At one point, he allegedly wrote a letter which renewed his claim that the federal government had sought retribution against him. He claimed that his conviction was punishment for his appeal on Demjanjuk's defense and because he "[knew] the facts" about the FBI sieges at Waco and Ruby Ridge, the assassination of President John F. Kennedy, the bombing of Pan Am Flight 103, and the disappearance of union leader Jimmy Hoffa.

The letter surfaced on the website of David Duke, a white nationalist and former KKK grand wizard. Traficant had won the affection of white nationalists for his defense of Demjanjuk and Rudolph, and Duke appealed to his followers to send monetary donations to Traficant's wife, Tish, or his prison canteen fund. Tish downplayed Duke's appeal, saying her husband had no control over where his letter was circulating. Michael Collins Piper, a conspiracy theorist who first posted the letter and contribution information, also denied that Traficant represented the views of white nationalists. "There's stuff I've written about Traficant that's showing up in places I don't even know," he said. "It's like six degrees of separation with the Internet now." After Traficant's death, Duke would post a "Tribute to Jim Traficant and his Opposition to Jewish Supremacism."

In September 2009, after serving seven years of his sentence, Traficant was freed. He received a warm welcome in his hometown. An appreciation dinner was scheduled, and the theme of the local minor league baseball team's next game was "Traficant Release Night." Traficant remained on probation for the next three years. In January 2010, he got a part-time gig as a talk show host on the AM radio station WTAM.

James A. Traficant Jr.
Traficant and wife Tish at an appreciation dinner held after his release from prison

Traficant continued to maintain his innocence. At one point, referring to himself in the third person, he declared, "Seven people said they bribed him. They never had no crime against Traficant. They taped every phone call he ever made, probably. Since 1983." He was vocal in his disdain for both the Democrats and Republicans and also sounded off against targets such as the IRS, Justice Department, Socialists, and illegal immigrants. These diatribes caught the attention of the Tea Party, the conservative movement that formed after the election of President Barack Obama in 2008, and Traficant was invited to speak at several of their events around Youngstown.

In May 2010, Traficant announced that he would try to recapture his seat in Congress in the year's election. Since his imprisonment, his district had been split in half. Ryan continued to serve in one, while the other seat was filled by Democrat John Boccieri. Traficant opted to challenge Ryan as an independent candidate, with a platform that largely sought to restrict government power. He said he would attempt to repeal the 16th Amendment, which allows Congress to levy an income tax; abolish the IRS, Department of Energy, Department of Education, and Social Security; eliminate corporation and Medicare taxes; deport all illegal immigrants and station troops at the Mexican border; and free all prisoners convicted of non-violent crimes.

Traficant managed to get his name on the ballot for the general election. He again garnered a significant but insufficient portion of the vote, with 16 percent of the electorate favoring him. Ryan won re-election and continues to serve in the House of Representatives to this day. After the loss, Traficant seemed content to stay out of the spotlight.

On September 23, 2014, Traficant was driving a vintage tractor into a pole barn at his daughter's farm in Greenford, Ohio, when it struck an obstacle and overturned on top of him. There were suggestions that he had suffered a heart attack before the accident, but a pathologist later determined that the weight of the tractor had restricted Traficant's ability to breathe. He died on September 27 in a hospital in Poland, Ohio.

Traficant remains a polarizing figure. In February 2006, more than 300 people attended a town hall style debate in Youngstown to discuss whether he had been good or bad for the region. Traficant's supporters lauded his ability to challenge the Washington norms, while his opponents saw him as a corrupt and clownish figure who had impeded progress in his district. "His passing is obviously the passing of a political icon in Mahoning Valley," said Robert Hagan, Traficant's former political opponent. "Good, bad, or indifferent, he had an incredible amount of charisma."

Sources: The Biographical Directory of the United States Congress, "Sheriff's Slaying Tip-Off Probed" in the Pittsburgh Press on Oct. 24 1981, "Prisoner Kills Deputy Near Youngstown" in the Daily Kent Stater on Oct. 29 1981, "Sheriff Who Failed to Act in Foreclosures Sentenced" in the Toledo Blade on Feb. 17 1983, "Lashing Out" in the Pittsburgh Post-Gazette on Jun. 2 1983, "In Fighting Form" in the Pittsburgh Post-Gazette on Jul. 2 1983, "The Mafia and the Congressman" in the Washington Weekly on Apr. 19 1985, "Rep. James Traficant, D-Ohio, Facing Federal Charges of Tax Evasion," reported by UPI on Nov. 13 1986, "Congressman Defending Scientist Who is Suspected in War Crimes" in the New York Times on May 15 1990, "Traficant Relishes Bad Boy Role" in the Pittsburgh Post-Gazette on Mar. 1 2000, "Rep. James Traficant Indicted on Racketeering" in The Item on May 4 2001, "U.S. Charges Traficant, Colorful Ohio Congressman, With Taking Bribes" in the New York Times on May 5 2001, "Armey: GOP Doesn't Want Traficant" in the Lubbock Avalanche-Journal on May 8 2001, "Now Playing: Traficant Probe 2001, The Sequel" in the Youngstown Vindicator on May 23 2001, "Traficant Guilt OK to Some Voters" in the Star-News on Apr. 15 2002, "Panel Says Traficant Violated Ethics Rules" in the Daily News on Jul. 18 2002, "House Panel Votes to Expel Maverick Congressman" in the Spokesman-Review on Jul. 19 2002, "House Votes, With Lone Dissent From Condit, to Expel Traficant From Ranks" in the New York Times on Jul. 25 2002, "Traficant Begins Eight-Year Sentence; Expects Re-Election to House From Jail" in the Boca Raton News on Jul. 30 2002, "Bad Hair Day For Traficant" in the Associated Press on Oct. 29 2002, "'Welcome Home, Jimbo' Countdown" in the Youngstown Vindicator on Aug. 9 2009, "White Nationalists, Conspiracy Theorists Join Traficant Cause" on TribToday.com on Aug. 30 2009, "The Life and Trials of James A. Traficant Jr." in The Vindicator on Sep. 2 2009, "Traficant Lands a Part-Time Job on Radio" in the Youngstown Vindicator on Jan. 5 2010, "Tea Party Hero Jim Traficant: Could Ex-Con Return to Congress?" in the Cleveland Plain Dealer on May 2 2010, "America's Fastest Shrinking City: The Story of Youngstown, Ohio," published by The Hampton Institute on Jun. 18 2013, "Ex. Rep. Jim Traficant is Seriously Injured in Tractor Accident" in the Cleveland Plain Dealer on Sep. 24 2014, "James A. Traficant Jr., Colorful Ohio Congressman Expelled by House, Dies at 73" in the Washington Post on Sep. 27 2014, "James Traficant Jr., Expelled From Congress in 2002, Dies at 73" in the Los Angeles Times on Sep. 27 2014, "James Traficant Jr., Cast Out by Congress in Bribery Case, Dies at 73" in the New York Times on Sep. 27 2014, "Jim Traficant Dies at 73" in Politico on Sep. 27 2014, "Ex-Congressman Jim Traficant Dies of Injuries Suffered From a Tractor Accident at Daughter's Farm" in the Cleveland Plains Dealer on Sep. 27 2014, "Former Rep. Traficant Didn't Have Heart Attack, Seizure Before Tractor Death, Pathologist Says" in the Cleveland Plains Dealer on Sep. 30 2014, Remembering the Cruelest Month: The Network, Labor, and Haunting of the Memories of Columbine by Stephanie Jean Stillman, Political Scandals: The Consequences of Temporary Gratification by La Trice M. Washington

Saturday, January 15, 2011

Walter E. Brehm: nothing but the tooth

President Harry Truman signs the bill creating the National Institute of Dental Research. Walter E. Brehm is second from the left.

It took a single, random incident to provide the impetus for the end of Walter Ellsworth Brehm's career in the House of Representatives: an old woman breaking her arm a thousand miles away. From this mishap and its aftermath, political columnist Drew Pearson was able to piece together enough evidence to implicate Brehm in a kickback scheme.

Brehm was born in Somerset, Ohio in May of 1892. After completing high school, he earned money through jobs in steel mills, rubber factories, and oil fields. He was also a member of Company D, Seventh Regiment, of the Ohio Infantry from 1908 to 1913. He attended Boston University and Ohio Wesleyan University, graduating from the Ohio State University Dental School in 1917. He began a dental practice in Logan, Ohio in 1921.

After about 15 years in this field, Brehm started dabbling in politics. Between 1936 and 1938, he was treasurer of the Republican executive committee of Hocking County and also served on the city council of Logan. He served in the state house of representatives from 1938 to 1942 before moving on to its federal counterpart after the election of 1942. He was returned in the next three elections and maintained a rather unassuming presence in Washington. His profession did influence his work there to some degree. His most notable action was the introduction of a bill to establish the National Institute of Dental Research. President Harry Truman signed it into law after it passed both chambers.

Brehm received a major test just a few months before the regular election of 1950. In September and October, Pearson wrote in his "Washington Merry-Go-Round" column that Brehm had accepted kickbacks from a woman who formerly worked as a clerk for him. Clara Soliday, a 75-year-old widow, worked for Brehm between January of 1945 and January of 1948. Pearson accused Brehm of taking $100, about half of Soliday's paycheck, each month and increasing the amount with each pay raise until it hit $240 a month. Though Brehm told Soliday that the money was going to a committee in Ohio for campaign work, Pearson asserted that this was illegal under the Corrupt Practices Act since Soliday's pay was provided by taxpayer dollars and was not to be used for political purposes.

Pearson seemed more concerned with ethical issues. He clearly didn't think much of a man who was routinely taking money from an elderly woman. Pearson said Soliday worked for the Treasury before taking the job with Brehm, since it was a slightly better salary even with the kickbacks and she didn't know those payments were illegal. He said Soliday was fired after she broke her arm late in 1947 while visiting her sister in Cleveland. Soliday got her X-rays in Washington, D.C. and cashed her paycheck with the Sergeant-at-Arms in the House. She told her daughter that she could get an additional $240 from her pocketbook, and the woman was surprised to find that it was in an envelope addressed to Brehm. Her son, Ray Soliday, delivered the money in person but asked that she be allowed to keep it to address her doctor's bills. Brehm refused, but eventually allowed Soliday to keep $100 of the allotted money. Perhaps seeing the writing on the wall, Brehm fired Soliday not long after and replaced her with his son, James F. Brehm. All told, Pearson said, Brehm pocketed some $7,300.

Brehm denounced the columnist as a liar, but Pearson was unfazed; he'd received a similar response from J. Parnell Thomas and Andrew May, he noted, and both of them had gone to jail on charges of receiving illegal income. He added that Brehm was apparently trying to keep Ray quiet, accusing the congressmen of telling Ray not to talk to Pearson. Pearson also said that Brehm was pressuring Ray to tell FBI investigators that the kickbacks only amounted to $1,200. Then in late October, Soliday sued Brehm to recover the approximately $7,300 with another $10,000 in punitive damages. Brehm said the charges were "so fantastic" that "I just do not have anything to say." He later responded with a countering lawsuit accusing her of a political attack, asking for dismissal and $5,000 in damages. The quarrel and Pearson's accusations became an issue in the 1950 election, but Brehm still triumphed over Democratic rival Mell G. Underwood, Jr.

A federal grand jury didn't find Soliday's charges to be fantastic. In December of 1950, it indicted Brehm on six violations of the Corrupt Practices Act in 1947 and 1948. Whether or not Pearson's charge that Brehm was tampering with Ray was accurate, the amount of pilfered money was much lower than the columnist's count and quite close to the tally Brehm was allegedly trying to get Ray to agree to: $1,380. In addition to Soliday, Brehm was accused of taking chunks out of the paycheck of another clerk named Emma Craven. Brehm accepted the news with aplomb, saying, "Now maybe we can get the facts on the record. This is the only way I know to clear the good name of all concerned. I have never at any time or any place or under any circumstances committed a criminal act."

The trial started in April of 1951. Both clerks testified that they had given up half of their salaries, mailing the money to Brehm when he was in Ohio and delivering it in person when he was in Washington. Midway through the trial, Brehm's attorney argued for acquittal on the argument that the prosecution didn't have a solid enough case. The judge refused, and Brehm took the stand to say that he was unaware of the existence of the Corrupt Practices Act and that none of the money went to personal use.

After four hours and 20 minutes of deliberation in May, the jury found Brehm guilty of five of the counts, charging that he received $1,000 from Craven. The next month, he was given a suspended jail sentence of five to 15 months and a $5,000 fine. The Supreme Court upheld the conviction in October of 1952. Brehm retired from Congress not long after, having decided against running for a sixth term.

Brehm returned to dental work, eventually retiring from private practice and joining a dental supply company. He died in Columbus in August of 1971.

Sources: The Biographical Directory of the United States Congress, "Washington Merry-Go-Round" in the Tuscaloosa News on Sep. 26 1950, "Washington Merry-Go-Round" in the Southeast Missourian on Oct. 2 1950, "Washington Merry-Go-Round" in the Lewiston Daily Sun on Oct. 9 1950, "Solon Of Ohio Faces Suit For Kickback" in the Deseret News on Oct. 25 1950, "Rep. Brehm, Of Ohio, Is Indicted On Illegal Contributions Charge" in the Lewiston Daily Sun on Dec. 21 1950, "Legislator Loses Acquittal Plea" in the Pittsburgh Press on Apr. 24 1951, "Congressman's Trial Near End" in the Pittsburgh Press on Apr. 30 1951, "Brehm Is Guilty On Five Counts" in the Spokane Daily Chronicle on May 1 1951, "Rep. Brehm Gets Suspended Sentence" in the Miami News on Jun. 11 1951, "Refuses To Review Rep. Brehm Case" in the St. Petersburg Times on Oct. 14 1952, Dental Science in a New Age: The History of the National Institute of Dental Research by Ruth Roy Harris, Biographical Directory of the United States Congress 1774-2005 by Andrew R. Dodge

Tuesday, November 9, 2010

Donald Edgar Lukens: deliniquent girls, delinquent bank book

Image from nytimes.com

The first sex charge against Donald Edgar Lukens emerged when he was nothing more than a college kid. He was investigated for child molestation in 1954, but the parents declined to file charges. That same year, Lukens graduated from Ohio State University with a degree in sociology and joined the United States Air Force. He was 23 years old, having been born in Harveysburg, Ohio in February of 1931. He became a captain and served six-and-a-half years with the service, specializing in criminal investigation and counterintelligence, and was later a member of the Air Force Reserve. Thirty-five years later, when Lukens was well into a political career, an aide revealed the criminal investigation from his past. It was only in relation to another allegation, however, and by that time Lukens was well on his way to getting thrown out of office and into a jail cell.

After his time in the Air Force, Lukens (who nicknamed himself "Buz" out of distaste for his given name) became a minority counsel for the House Rules Committee. In 1963, during a tumultuous convention, he became the chairman of the Young Republicans. Lukens was an ultraconservative, and this post marked one of a series of victories that swayed the party farther to the right at that year's convention. New York Governor Nelson A. Rockefeller, a moderate, even accused Lukens and his compatriots of using the "tactics of totalitarianism" at the convention. At one point, Lukens was accused of promoting biased journalism for advocating the injection of 100 Young Republicans into media jobs. He led the organization for two years, which included active stumping for unsuccessful 1964 GOP presidential candidate Barry Goldwater.

In 1966, Lukens came to the House of Representatives and two years later he was re-elected. He was a staunch advocate of the Vietnam War, speaking at a rally in 1969. Imitating President Nixon's "V for Victory" sign, he said, "no one declares North Vietnam to withdraw from the war, and yet they're the ones that started it." He deemed antiwar protesters "selfish Americans and some of them, let's face it, are indeed cowardly." He opted not to run in 1970, instead trying unsuccessfully to win that year's gubernatorial race in Ohio.

Lukens remained in Ohio and began serving in the state senate in 1971. This service was nearly cut short a few years later. He was barred from consideration in the Republican nomination for governor in 1974 after failing to file a 1972 campaign finance report. Lukens said he had done so and that the document must have gotten lost in the mail. The next year, however, he was nearly banned from running for re-election under a campaign financing law penalizing people who did not file such reports in time. The law was amended in time for him to win re-election in 1976. In 1984, the state board of elections split 2-2 on the question of whether he still complied with the residency requirements of his seat after his divorce. Lukens responded that he'd been living with a friend only a few blocks away, and that the issue was simply harassment by the state's Democrats. Lukens finally left the state senate after 15 years when he was elected to the House again in 1986, as well as re-election in 1988. During this second stint in Washington, he opposed the continuation of sanctions on apartheid-era South Africa and supported continuing aid for Nicaraguan contra rebels.

Lukens' fall from politics was an ugly affair that stretched over several years. It began in February of 1989, when he was indicted on a misdemeanor charge of contributing to the unruliness and delinquency of a child. The charge was only punishable by a maximum of 180 days in jail and a $1,000 fine, but it was essentially another child molestation accusation.

The mother of a 16-year-old girl had gone to Columbus television station WSYX regarding the matter and agreed to have the station secretly videotape a meeting between her and the representative. The two met at a McDonald's fast food restaurant, where the woman questioned Lukens about past sexual encounters with her daughter. One occurred in 1985, when the girl was 13; the other in November of 1988, when she was 16. The mother found out about the incidents after overhearing a conversation between the girl and her friend.

When confronted with the allegations at the restaurant, Lukens said he didn't know at the time that the girl was underage. He then said he would see if he could find a government job for the woman. It was a rather baldfaced effort to keep things quiet, but the FBI determined that there wasn't enough evidence for a bribery charge. Lukens denied the charges when they first came up, suggesting that he was set up and approached for money on a general allegation.

The trial began in May of 1989. The girl testified that she told Lukens she was 19, but that he had laughed it off and responded, "No, you're not." Much to Lukens' discomfort, she described the second time they met to have sex. As the girl told it, she and her 19-year-old friend went to Lukens' apartment, where the congressman greeted them wearing nothing but his boxer shorts. Lukens asked them to get changed into black robes (commenting that the white robes he had were for "white people, other kind of people;" both girls were black). They slept together, and Lukens paid her $40 and gave her birthday gifts of a pink lace fan and a silver pillbox. He also gave her friend $30, a bottle of perfume, and a diamond pendant and compensated the duo for cab fare.

The defense attacked the girl's mother as chronically unemployed and desperate for publicity and money, but to no avail. The jury found Lukens guilty after one-and-a-half hours of deliberation. Chalmers Wylie, senior Republican representative from Ohio, called for his resignation immediately. The verdict came down at about the same time as another girl accused Lukens of paying to have sex with her five or six times in 1985, when she was 15. "I refuse to allow the lies and deceit of one delinquent individual to ruin me," Lukens said in a statement responding to the verdict. "I am now fighting for my life." He went on to say that the girl had "fantasies about 'getting even with the establishment.'"

In June, Lukens was sentenced to 30 days in jail and a $500 fine, along with sex offender counseling and testing for sexually transmitted diseases. The sentence was stayed while Lukens appealed, seeking to have the girl's school and juvenile records admitted for consideration by the court. The girl in the case wasn't exactly an angel. A month after the trial, she was in a fight with a man and the preliminary investigation determined that she was a courier for cocaine, money, and guns. In August, her mother had her arrested after a fight between the two resulted in threats and the girl breaking in a door with a crowbar.

The judge and prosecutor had clearly had enough on this score, however. Prosecutor Rita Mangini said the girl's "prior unruliness" did not factor into the case. Judge Ronald Solove declared, "The court is particularly struck by the unwillingness of the defendant to recognize that he was not the victim" and the ridiculousness of the idea that he was "somehow seduced by a child." Prosecutors also threatened to pursue felony charges related to Lukens' 1985 conduct if his appeal of the misdemeanor was successful.

The legal fight came at about the same time that Lukens had to go through the normal run for the GOP nomination. The Ethics Committee said it would look into whether Lukens violated any House rules, along with Democratic congressmen Gus Savage of Illinois (accused of molesting a Peace Corps volunteer during a trip to Zaire) and Jim Bates of California (accused of sexually harassing female staffers). Vice President Dan Quayle, in a trademark gaffe, caused snickers at a Young Republicans meeting when he accidentally used Buz Lukens' name instead of Buzz Aldrin when referring to the 20th anniversary of the Moon landing; the St. Louis Dispatch quipped "Quayle Puts Sex Offender on Apollo 11."

With the convention approaching, Lukens finally gave a curt mea culpa: "I apologize. I made a dumb mistake. I'm sorry." He came in third place in the May primary, with 17 percent of the vote. The nomination, and subsequent series of elections, instead went to state representative John Boehner.

One month later, Lukens' appeal was rejected by a state court. He finally resigned on October 24, 1990 "for the good of Congress and the integrity of the institution." Even then, it took one last incident to force him out. A few days before, he was accused of fondling a young female House elevator operator. The resignation saved him from an inquiry by the House Committee on Standards of Official Conduct. The committee had opted not to pursue an investigation after Lukens' primary loss, but in light of his remaining few months of office and the recent allegations they were ready to reopen the matter.

In November, the Ohio Supreme Court upheld the verdict. Lukens finally began serving his sentence in January of 1991, but only completed nine days of the month-long sentence; the judge agreed to an early release so he could start attending sex offender counseling. Lukens was not quite out of hot water yet. The girl's mother filed a lawsuit against Lukens, seeking $250,000 in damages, but a judge threw it out in December of 1993 after Lukens could not be located.

Then the bribery charges started to poke up again. The House Ethics Committee determined in 1978 that Lukens had received two $500 gifts from South Korean businessman Tongsun Park (later indicted for bribery) during his first four years in office. In July of 1994, Pentagon contractor Edward Krishack was acquitted of 16 criminal charges, including one suggesting that he gave Lukens $5,500 to get access to a congressional committee during his last year in office. Krishack was cleared at trial when it was determined that he gave Lukens the money but that it did not constitute a crime.

Lukens found himself in court again not much later. In February of 1995, he was accused of taking $27,500 in bribes from two businessmen who were trying to keep the Cambridge Technical Institute trade school in Cincinnati in the federal student loan program. One businessman, John Fitzpatrick, was also charged; the other, Henry Whitesell, had been murdered in 1990. The state alleged that the bribery occurred at about the same time that Lukens was struggling to find money to pay his legal bills on the sex charge. The potential maximum penalty was much worse this time around: 65 years in prison and a $1.25 million fine.

In October of 1995, a jury found Lukens innocent of three bribery charges but deadlocked on a fourth charge as well as a single count of conspiracy. Another trial was held in March of 1996. Prosecutors argued that he received $15,000 from the businessmen a week before the 1990 primary, when he was operating on a shoestring. In June of 1996, he was convicted of accepting a bribe and sentenced to the minimum term of 30 months in prison; he began serving seven months later. Fitzpatrick pleaded guilty to a reduced charge of conspiracy in March of 1997 and got two years in prison.

Not much was heard of Lukens after that. He moved to Texas, taught English as a second language courses, and volunteered with the Red Cross. He died of cancer in Dallas in May of 2010.

Sources: The Biographical Directory of the United States Congress, "Only Two Incumbent House Members Meet November 8" in the Times-News on Nov. 3 1966, "Thousands Attend Washington Rally In Support Of Nixon Vietnam Policy" in the Toledo Blade on Nov. 12 1969, "Buz Lukens Asks Supreme Court Action" in the Bryan Times on Feb. 24 1973, "Lukens May Get Relief" in the Daily Sentinel on Mar. 8 1974, "Panel Questions Lukens' Status On Residency" in the Toledo Blade on Mar. 2 1984, "Brown Votes To Certify Sen. Lukens For Primary" in the Youngstown Vindicator on Mar. 22 1984, "Tape Links Congressman To Sex With Teen" in the Pittsburgh Press on Feb. 2 1989, "Ohio Congressman Indicted On Sex Charge" in the Tuscaloosa News on Feb. 24 1989, "Congressman Indicted In Sex Case With Teenager" in the Rock Hill Herald on Feb. 24 1989, "Lukens Defends Himself, Says Sex Charge A Setup" in the Toledo Blade on Feb. 27 1989, "Congressman Denies Morals Charge" in The Telegraph on May 20 1989, "Mother Takes Stand In Lukens Sex Case" in the Reading Eagle on May 24 1989, "Teen Says Congressmen Paid Her For Sex" in the Lewiston Daily Sun on May 25 1989, "Lukens Convicted Of Sex Charge" in the Herald-Journal on May 27 1989, "Congressman Won't Resign Despite Morals Charge" in the Anchorage Daily News on Jun. 2 1989, "Girl In Lukens Case In Fight" in the Portsmouth Daily Times on Jun. 7 1989, "Lawmaker Sentenced To Jail For Sex Crime" in the Union Democrat on Jun. 30 1989, "Lukens May Face Felony Charges" in the Gadsden Times on Jul. 4 1989, "A Quayle Of A Gaffe" in the Times Daily on Jul. 16 1989, "House to Probe Lukens" in the Portsmouth Daily Times on Aug. 5 1989, "Lukens' Accuser Jailed On Charges Filed By Her Mother" in the Reading Eagle on Aug. 16 1989, "Lukens Apologizes, But Will Seek Re-Election" in the Portsmouth Daily Times on May 3 1990, "Lukens Loses After Sex Scandal" in the Free Lance-Star on May 10 1990, "Lukens Will Appeal To State High Court" in the Portsmouth Daily Times on Jun. 13 1990, "Lukens Quits To Avoid New Ethics Investigation" in the Eugene Register-Guard on Oct. 25 1990, "Ex-Legislator Loses Appeal In Sex Case" in the Eugene Register-Guard on Nov. 22 1990, "Lukens Released From Jail" in the Toledo Blade on Jan. 10 1991, "Judge Tosses Out Suit Against Former Congressman" in The Vindicator on Dec. 17 1993, "Man Acquitted Of Bribing Lukens" in the Tuscaloosa News on Jul. 11 1994, "Ex-Legislator Accused of Bribery" in The Hour on Feb. 24 1995, "Ex-Statesman Gets Bribery Mistrial" in the Gainesville Sun on Oct. 20 1995, "Lukens Convicted On Bribery Charges" in the Toledo Blade on Mar. 16 1996, "Ex-Congressman Gets 30-Month Prison Term" in the Milwaukee Journal Sentinel on Jun. 20 1996, "Lukens Begins Sentence For Accepting Bribe" in the Toledo Blade on Feb. 20 1998, "Trade School Operator Enters Guilty Plea" in the Toledo Blade on Mar. 7 1998, "Donald Lukens, 79, Dies" in the Washington Post on May 25 2010, "Donald Lukens, Scandal-Tainted Lawmaker, Dies at 79" in the New York Times on May 25 2010, "Former Congressman Donald Lukens Dies" from United Press International on May 25 2010, The Little Quiz Book of Big Political Scandals by Paul Slansky

Sunday, October 3, 2010

Harry M. Daugherty

Image from britannica.com

The controversial existence of Harry Micajah Daugherty in the world of politics is probably best exemplified by the fact that his name is linked with a key phrase in underhanded wheeling and dealing: "the smoke-filled room." In 1920, Daugherty served as the campaign manager for longtime friend Warren G. Harding, a Republican senator from Ohio. Harding was not expected to be a favored choice, but sometime before the summer convention Daugherty made an odd declaration. "At the proper time after the Republican National Convention meets some 15 men, bleary-eyed with loss of sleep and perspiring profusely with the excessive heat, will sit down in seclusion around a big table," he said. "I will be with them and will present the name of Senator Harding to them, and before we get through they will put him over."

The prediction, which basically said Harding would be chosen out of frustration, may have cost Daugherty a seat at the convention as a delegate-at-large. After all, he was openly saying that he and other political bosses, likely men of the "Ohio Gang" of Harding backers, would wield more power at the convention than the delegates.

Daugherty proved rather clairvoyant in his statement, however. The convention at Chicago ground its way through several ballots, unable to reach a consensus on the Republican ticket for the year's presidential contest. Several political bosses met in a hotel room made hazy by the cigar smoke and decided that if the deadlock could not be broken, Harding would be an acceptable choice. Daugherty and other members of the Harding team helped by raining pro-Harding postcards down on the convention from the rafters. Finally, on the tenth ballot, Harding was selected with Governor Calvin Coolidge of Massachusetts as his running mate.

Daugherty's prediction had come true, but it would hardly do him any favors. For the rest of his political career, he would be waylaid by enemies accusing him of incompetence or complicity in the corruption that emerged under Harding's presidency.

Daugherty was born in Washington Court House, Ohio in January of 1860. He pursued a legal career, which included a period serving as the Fayette County prosecuting attorney. This morphed into a political path, as he was elected a township clerk for the county, served two terms on the city council of Washington Court House in the late 1880s, and held a seat in the state house of representatives from 1890 and 1894.

From there, Daugherty sought to go on to bigger and better things, but never with any success. He made failed bids for the nominations for Ohio attorney general in 1895 and governor in 1899, and wasn't able to get the Republican nod for the Senate races in 1910 and 1916. In 1912, he contented himself with managing the Ohio campaign of Republican presidential candidate William Howard Taft. It marked yet another flop on Daugherty's record, as Taft not only failed to best Democratic candidate Woodrow Wilson but also tallied fewer votes than former President Theodore Roosevelt's third party bid. During these dry years, Daugherty supported himself by representing corporate interests and acting as the vice president of the Columbus Savings and Trust Company.

After Harding was selected as the Republican presidential nominee in 1920, Daugherty continued to be a close compatriot. He accompanied the candidate on all of his speaking engagements and served on the campaign's legislative committee. Along with other bosses ushering Harding toward the election, Daugherty earned the scorn of Democratic presidential candidate James Cox, another Ohioan and governor of that state, when Harding declared himself "the freest man that was ever nominated by any party for the presidency." Cox fired back that Harding was essentially in the pocket of big business and asked, "What promise have you made to Harry M. Daugherty, corporation lobbyist, and what promises was he authorized to make in your behalf in order to secure your nomination at Chicago?"

Harding was nevertheless able to win the 1920 election, and in February of the next year Harding announced that he was appointing Daugherty to the post of Attorney General. The favor, along with Daugherty's character, continued to draw ire for some time after. When Harding reportedly cautioned newspapers against printing criticisms of Daugherty, Democratic Senator Augustus Stanley of Kentucky asked, "Will the President say in his desperation to shield his friend, Harry M. Daugherty, that senators and representatives who denounce the nefarious and crooked operations of a political broker are 'political blackguards?'"

The Attorney General did find some support amid the rash of accusations that befell him, however. In July of 1922, the Ohio bar passed a resolution proclaiming their support for Daugherty, charging that "certain propaganda has been made in Congress and in the press tending to discount and discredit the service and character of Mr. Daugherty."

Daugherty still took plenty of flak from opponents. One of the earliest things to come across his desk was the case of Eugene V. Debs, a Socialist leader charged under the Espionage Act for utterances made against World War I in Canton, Ohio. Debs had been convicted in June of 1917 and sentenced to 10 years in prison in September of 1918. Following an unsuccessful appeal, Debs began serving the sentence in April of 1919; he was eligible for parole in August of 1922, with the sentence scheduled to end in December of 1925 with good conduct.

Daugherty considered the original sentence too harsh, since it didn't take Debs' age (61 at the time of conviction) into account. He recommended in December of 1921 that the sentence be commuted at the end of the year. Daugherty suggested that Debs did not intentionally break the law, and that it would be a wise political move to commute the sentence due to Debs' considerable clout, but stressed that the decision shouldn't amount to a pardon. "No right-thinking man would set up a government, or a system of government advocated by Debs, as against the government founded by the wisdom of our forefathers and supported by every right-thinking American who has an understanding of the benefits and necessity of government and the security and opportunity it affords," he said. "I became satisfied while talking with Debs that his conviction and imprisonment in the penitentiary have had no effect upon his incorrect opinions."

Despite these explanations, Daugherty was still the chief recipient of opponents' anger when Harding commuted Debs' sentence. Another more serious pardon issue related to an earlier case. In May of 1922, Thaddeus H. Caraway, a Democratic senator from Arkansas, accused Daugherty of receiving $25,000 from New York shipbuilder Charles W. Morse to get him released from prison in 1912 following his conviction on charges of violating banking laws. Caraway said the money passed through Georgia attorney Thomas B. Felder into Daugherty's hands. The Justice Department responded that the Taft-era pardon only took Morse's health problems into consideration.

Caraway demanded Daugherty's resignation, but nothing came of it. Four months later, Republican Representative Oscar Keller of Minnesota proposed impeachment proceedings against the Attorney General on a different issue, namely injunction proceedings started by the Justice Department against striking railroad unions to keep the trains running. Keller charged violations of the First Amendment, specifically that Daugherty acted "in a manner arbitrary, oppressive, unjust, and illegal," threatened punishment against opponents, illegally used funds to prosecute individuals and corporations for lawful acts while failing to prosecute illegal acts, and recommended release of offenders of Sherman Anti-Trust Act.

Daugherty was unfazed. He grinned broadly when told of the resolution, which was referred to the House Judiciary Committee with little hope of progress. Later, he proposed an expansion of the injunction, including forbidding strikers from trying to stop people crossing the picket line, picketing near the entrances to rail sites, or using threats. The impeachment effort collapsed during committee hearings in December of 1922, when Keller tried to read a prepared statement and was told he could not "lecture" the representatives and needed to be under oath. Keller angrily tossed the statement before Andrew J. Volstead, committee chairman and another Minnesota Republican, saying he wouldn't cooperate if he could not read it. Keller then stormed out, accusing the committee of a "bare-faced attempt to whitewash Harry M. Daugherty." The committee later recommended exoneration for the Attorney General, and the House agreed in a 204-77 vote in January of 1923.

The blow that finally toppled Daugherty came in the form of the most famous of the scandals to rock the Harding Administration: the Teapot Dome Scandal. Secretary of the Interior Albert B. Fall leased naval oil fields in Wyoming and California to oil men Harry F. Sinclair and Edward L. Doheny in 1922, and the deal had been sweetened by $409,000 paid to Fall. The Secretary of the Interior ultimately had to serve a year in prison and pay a $100,000 fine after his conviction on bribery charges.

Daugherty was never implicated in the crimes, but his enemies were quick to question why he had not caught this misconduct earlier. Burton K. Wheeler, a Democratic Senator from Montana and one of Daugherty's most outspoken foes, asked President Coolidge (Harding died in August of 1923) to demand Daugherty's resignation. Wheeler later amended his request, asking for an inquiry into the Justice Department. He also accused Felder of being a former partner to Daugherty who collected money in exchange for selling appointments and dismissing cases related to Prohibition-era alcohol violations in New York. Felder responded that the two were associated with several of the same cases, but never partners; he also said such accusations had arisen before, with no result. Nevertheless, Felder was ultimately convicted of conspiracy in a scheme to bribe Daugherty to remove evidence from Justice Department files.

Daugherty came under even more fire when the committees investigating the corruption received a report in February of 1924 that he dealt in Sinclair oil stock. He refused to resign, asking, "Shall reputations be destroyed and public officials driven from office by clamor, insinuation, and falsehood?" The next month, Daugherty was blasted in testimony by Roxie Stinson, the divorced wife of Daugherty's friend and assistant, Jesse Smith. In 1923, Smith had been found dead of apparent suicide in the apartment he shared with Daugherty. Stinson said she remained friendly with Smith following their separation, and that he had told her Daugherty procured stock in companies such as White Motors and Pure Oil for nothing; she said Smith even gave her some small blocks of stock. She said the corruption put a great deal of stress on Smith, and that she tried without success to get him to break his loyalty to Daugherty. She agreed that Smith killed himself, but held that the Attorney General was "morally responsible" for the death.

One charge held that Sinclair turned over securities to Daugherty and Will H. Hays, former chairman of the Republican National Committee, to cover a deficit incurred by the party in the 1920 campaign. The committee also heard testimony that Daugherty and Hays each received $25,000 to secure Harding's nominations at the 1920 convention, while Senator Boies Penrose of Pennsylvania got a $50,000 payout. Amid the hubbub, Daugherty still refused to resign, proclaiming, "I wouldn't have given 30 cents for the office of Attorney General, but I won't surrender it for a million dollars."

When Daugherty refused to supply documents on various aspects of Harding corruption, Coolidge asked for the Attorney General's resignation. Daugherty agreed to do so, and left office at the end of March of 1924. "I have no personal feeling against the President," he insisted. "I am yet his dependable friend and supporter." Coolidge chose Harlan Fiske Stone, former dean of Columbia Law School and director of several corporations, as his successor.

The investigation into Daugherty continued, at least until his counsel abruptly announced in June of 1924 that he would not testify before the committee. The Senate voted 70-2 to pursue the matter anyway, and take it to the Supreme Court if need be. While out of office, Daugherty had to defend himself against numerous accusations. They included failure to actively pursue the collection of millions of dollars in war debts, failure to identify fraud within the Justice Department, collecting bribes via Smith to get the government to look the other way on Prohibition matters, and the appointment of anti-labor William J. Burns to the department's Bureau of Investigation (Burns also resigned under fire in 1924).

In May of 1926, Daugherty was indicted alongside former Alien Property Custodian Thomas Miller and former Republican national committeeman John T. King on charges of conspiracy to defraud the government. In this case, the men were charged with fraud in the $7 million sale of American Metal Company assets seized during World War I to German metal magnate Richard Merton. Smith was also implicated, but of course could not be charged due to his death; King died before he could go to trial. Daugherty was the first Attorney General indicted for crimes in office, and prosecutors charged that $49,335 in Liberty bonds could be traced to him, deposited via his brother's bank in a joint account with Smith. Altogether, the men were accused of receiving $441,000 in kickbacks in the sale.

The trial began in September of 1926. Merton testified that he had no dealings with Daugherty, and that the sale was conducted through a supposedly neutral Swiss corporation. The strongest evidence against Daugherty came from his brother, Mal S. Daugherty, though all he could do was say evidence was no longer available. Mal, the president of Midland National Bank in Washington Court House, said Harry told him he had burned three accounts of bank ledger sheets related to the American Metal Company transfer. Daugherty's attorney gave the rather awkward argument that he destroyed the documents "in a moment of madness," partially fueled by the constant attacks against him, and meant to burn records related to a Harding campaign fund instead. Prosecutors said the lost bank ledgers would have proved Daugherty's guilt.

After lengthy deliberations, the jury deadlocked 10-2 in favor of convicting Miller and 7-5 in favor of convicting Daugherty. Another trial was scheduled, and in the interim Daugherty testified as part of the proceedings against Fall, saying the Justice Department was never asked for a formal opinion on the corrupt oil leases. At the next trial in February of 1927, the amount of Daugherty's alleged kickback increased to $140,000, while witnesses suggested that Miller got $40,000. The next month, this jury debated the question for even longer, about 70 hours, before convicting Miller. Only one person was against conviction of Daugherty, but it was enough to hang the jury. The federal prosecutor, Emory R. Buckner, asked for the indictment against Daugherty to be quashed. Teary-eyed, Daugherty said he would be returning home to practice law.

Though Harry Daugherty never served any jail time, Mal was found guilty of defrauding his bank in March of 1931 and sentenced to 10 years in prison. Daugherty died in Columbus, Ohio in October of 1941 of congestive heart failure following his recovery from two heart attacks and pneumonia. He left an unfinished book defending his reputation, and an estate worth $175,000.

Sources: The Political Graveyard, "Ohio: Election Of Republican Candidate For Governor Probably By About 30,000" in the New York Times on Nov. 8 1899, "Wade Ellis To Lead Fight On Harmon" in the New York Times on Feb. 8 1910, "Prophesied How Harding Would Win" in the New York Times on Jun. 13 1920, "Harding Abandons Vacation To Hold Party Conferences" in the New York Times on Jun. 20 1920, "Cox Ridicules Assertions By Rival Nominee" in the Deseret News on Oct. 30 1920, "Democrats Concede The Election Of Sen. Harding" in the Lewiston Daily Sun on Nov. 3 1920, "Harding Picks Cabinet" in the Reading Eagle on Feb. 22 1921, "Daugherty A Storm Centre" in the New York Times on Feb. 22 1921, "Daugherty Report On Release Of Debs" in the New York Times on Dec. 31 1921, "Daugherty Charged Again With Getting Big Fee From Morse" in the Miami News on May 3 1922, "Caraway Asks That Daugherty Resign" in the Lewiston Daily Sun on May 22 1922, "Daugherty To Lead War Prosecutions" in the New York Times on May 26 1922, "Gives Out Data On Morse's Pardon To Aid Daugherty" in the New York Times on May 28 1922, "Harding Shields Daugherty, Is Senate Charge" in the Pittsburgh Press on Jun. 4 1922, "Ohio Bar Upholds Daugherty" in the New York Times on Jul. 8 1922, "Asks House To Impeach Daugherty" in the Southeast Missourian on Sep. 11 1922, "Asks Impeachment Against Daugherty" in the New York Times on Sep. 12 1922, "Daugherty Seeks Firmer Injunction" in the New York Times on Sep. 22 1922, "Keller Quits Probe Alleging Whitewash" in the Evening Independent on Dec. 15 1922, "Wheeler Again Plans Ousting Of Daugherty" in the Miami News on Feb. 15 1922, "Daugherty Remains Under Fire In Senate Oil Inquiry" in the Lewiston Evening Journal on Feb. 20 1924, "daugherty Threatens To Carry To People Battle To Retain Cabinet Seat" in the Lewiston Daily Sun on Feb. 22 1924, "Tells Of Deal With Daugherty" in the Gettysburg Times on Mar. 13 1924, "Oil Probers Get Setback" in the Evening Independent on Mar. 20 1924, "Thinks Smith Suicide And Harry Daugherty Morally Responsible" in the Lewiston Evening Journal on Mar. 27 1924, "Daugherty Is Not 'At Outs' With Coolidge" in the Southeastern Missourian on Mar. 31 1924, "News Review Of Current Events" in the Polk County News on Apr. 10 1924, "Daugherty Refuses Call Of Committee" in the New York Times on Jun. 5 1924, "Senate Votes 70-2 To Fight Daugherty" in the New York Times on Jun. 6 1924, "Asked To Grant Appeal" in the Herald-Journal on Jan. 24 1926, "Jury Indicts Daugherty In Alien Scandal" in the Milwaukee Sentinel on May 8 1926, "Mal Daugherty Admits Record Was Destroyed" in the Times Daily on Sept. 24 1926, "German Magnate Helps Daugherty" in the Ellensburg Daily Record on Sept. 14 1926, "Paper Burned By Daugherty When Hounded" in the Schenectady Gazette on Oct. 8 1926, "Daugherty Will Face New Trial" in the Sarasota Herald on Nov. 4 1926, "Fall Blamed For Leasing Of Oil Lands" in the Berkeley Daily Gazette on Nov. 30 1926, "Daugherty And Miller Again Facing Trial" in the Sarasota Herald on Feb. 9 1927, "Daugherty Man 'Friday' Figures In Court Trial" in the Lewiston Evening Journal on Feb. 9 1927, "Brother Deals Daugherty Rap" in the Prescott Evening Courier on Feb. 15 1927, "Ex-Alien Property Chief Convicted Of Conspiracy" in the Berkeley Daily Gazette on Mar. 3 1927, "Corruption: One Blind, One Coated" in Time on Mar. 14 1927, "Daugherty Is Found Guilty" in the Gettysburg Times on Mar. 5 1931, "Mal Daugherty Gets 10 Years In Prison" in the New York Times on Mar. 19 1931, "Harry Daugherty Succumbs At 81" in the Evening Independent on Oct. 13 1941, King of the Bootleggers: A Biography of George Remus by William A. Cook, The New Encyclopedia of American Scandal by George C. Kohn, New World Coming: The 1920s and the Making of Modern America by Nathan Miller

Sunday, July 5, 2009

Wayne L. Hays: money for nothing

Elizabeth Ray and Wayne Hays. Image from Jet.

In April of 1976, Wayne Levere Hays was preparing for a second marriage and holding a wedding reception in the House Administration offices. The 14-term Ohio congressman had invited his staff to the ceremonies, with the exception of a buxom 33-year-old blonde named Elizabeth Ray. When she showed up anyway, Hays got into a heated argument with her and summoned the Capitol Police to escort Ray from the building. Hays' blunt attempt at damage control ultimately did more harm than good; immediately after the incident, Ray went to a phone booth and placed a call that kicked off a series of events leading to Hays' resignation.

Hays was born in Bannock, Ohio in 1911 and graduated from the Ohio State University at Columbus in 1933. He taught in the cities of Flushing and Findlay in his home state between 1934 and 1938 while also doing agricultural work on the side. His first political appointment came in 1939, when he was elected mayor of Flushing; according to his congressional profile, he held the post until 1945, though the profile also mentions that he served in the state senate in 1941 and 1942. Hays became a member of the U.S. Army reserve corps in 1933, and was called to active duty the day after Pearl Harbor was bombed in 1941. He served until the next year, when he received a medical discharge. From 1945 to 1949, he was a commissioner of Belmont County.

In 1948, Hays was elected to the House of Representatives as a Democrat, and managed to keep the seat for the next 28 years. During his time in Congress, he chaired a House delegation to the NATO Parliamentarians Conference and was president of the conference in 1956 and 1967. From 1969 to 1970, he was president of the North Atlantic Assembly.

Hays' first notable actions were his open mockery of a special House committee on which he served in 1954. The so-called Reece Committee, named for chairman Brazilla Carroll Reece (a Tennessee Republican), was formed to investigate several tax-exempt organizations for ties to Socialist or Communist movements. Included in the discussions was the research of human sexuality by Alfred Kinsey, which had been partially funded by the Rockefeller Institute. The committee soon drew criticism for its selective use of witnesses, as nine of the 10 witnesses that were ultimately called were employees of the committee.

On one occasion, Hays led a Democratic walkout from the committee, saying San Francisco lawyer Aaron Sargent had accused Democratic Senator Paul Douglas of Socialist ties; for good measure, Hays threatened to punch out a man who heckled him during the exit. In a ruse to demonstrate that statements were being taken out of context, Hays asked the committee's assistant research director, Thomas McNiece, for his opinion on three quotes advocating fair wages and relief for the poor. When McNiece said the quotes were consistent with Communist literature he had encountered, Hays retorted that they had actually been taken from the Encyclical of Pope Pius IX.

Ultimately, the committee fell apart after eight weeks when Reece declared that the hearings would end and the tax-exempt organizations could submit written statements to the congressional inquiries instead. Reece said both that Hays' actions had obstructed the committee and that the written statements would expedite the process. Hays' own opinion was that the witness testimony "was so utterly nonsensical and without basis in fact that it fell of its own weight, it seems to me that the action taken today was the least embarrassing way that Mr. Reece and his staff could get offstage.''

Over the years, Hays gained a reputation for his temper; Democratic Congressman Phillip Burton of California described him as "the meanest man in Congress." Periodically, Hays appeared in the news for some incident where these characteristics were at play. In 1956, Hays said he'd heard that the U.S. Immigration Commissioner, Joseph M. Swing, might inhibit his efforts to get citizenship for his adopted daughter and said Swing "will not be able to physically hold the job from then on" if that happened; Swing was defended by New Jersey congressman Alfred Sieminski, who suggested that he and Hays take it outside. In 1966, Hays was cited for speeding, unsafe operation, and failure to comply with the lawful order of a police officer after driving away from a traffic stop. Hays said he was offended by the cop, who had patted his holstered pistol while they talked, so he simply took off and refused to pull over again until the officer gave up the chase.

Most notably, Hays was criticized in 1963 for taking the head waiter of the House of Representatives, Ernest Petinaud, to London and Paris with a congressional delegation that he headed. Petinaud's transportation, room and board, and other expenses were paid for by the government. Hays said that the waiter served as a messenger during the trip; he also said Petinaud was invited in part because he was black, and also because he was a nice person who deserved a break.

Hays had a feud with Democratic Congressman Adam Clayton Powell, Jr. of New York going back to at least 1956. In that year, Powell supported Dwight Eisenhower for President because he preferred Eisenhower's stance on racial integration. Hays requested that the Democratic caucus strip Powell of his committee assignments, and headed the 1966 probe into Powell's possible misuse of funds for travel. As has been noted, Powell replied in his autobiography that Hays' junket with Petinaud made him guilty of the same impropriety.

Following the 1970 elections, Hays became chairman of the Committee on House Administration and the Joint Committees on Printing and the Library. The House Administration committee controlled such functions as travel vouchers, office expenses, committee budgets, and other matters related to the House. He also chaired the Democratic Congressional Campaign Committee, which distributed campaign funds to House members and candidates.

Hays was accused of using his power on the House Administration committee to bully other congressmen and House employees. Among his orders were the removal of jump seats from the elevators so the operators would have to stand and banning tips for House barbers. After the 1974 elections, a reform effort aimed to remove Hays from this position, but he retained the chairmanship in a 161-111 vote. Meanwhile, in January of 1976, Ohio secretary of state Ted Brown accused Hays of abusing the congressional privilege of free mailing by sending out 160,000 letters to constituents opposing four state bond issues.

Hays was popular enough in his home district that there were rumors that he would seek a higher office, namely the Democratic nomination for the 1976 presidential race, or perhaps enter the Ohio gubernatorial race in 1978. He supported the public financing of presidential races, but not congressional ones, arguing that such regulation would lead to a glut of candidates. He helped craft a campaign finance reform act along these lines in 1974.

There were hints of Hays' possible infidelity prior to the incident in April of 1976. Earlier in the year, Hays divorced his wife, Martha, to whom he had been married for 38 years. His second marriage occurred quite close to the termination of his first, and to a woman some 30 years younger than him: Patricia Peak, the personal secretary in his Ohio office. Five weeks after the marriage, the scandal broke.

Elizabeth Ray had previously had a chance encounter with Marion Clark, a Washington Post reporter, on a train that had been delayed by a paint factory explosion. As the passengers swapped stories, Ray said that she had had quite a few sexual escapades in the nation's capital, including with congressmen. Clark tried to keep in touch with Ray, but lost track when Ray briefly went west to try to make it as an actress. Ray remembered Clark, however, and was eager to spill the beans on Hays after she was thrown out of his office.

Ray said that she had been working on Capitol Hill since 1972, starting as a hostess and then working for a few congressmen. She began working for Hays in April of 1974 as a clerk for the House Administration Committee. As Ray told it, though, "work" was too strong a term for what she did. Basically, she told the reporters, she was a hired mistress, coming in only a few hours per week to have sex with Hays and receiving $14,000 a year for the administrative duties she never performed. "I can't type. I can't file. I can't even answer the phone," she said.

Ray said she knew of other girls working for congressmen who also had to submit to sex to keep their jobs, and made references to "orgies" at the Capitol attended by congressmen. She said that on one occasion, Hays referred to the Fanne Fox incident by saying that any woman that embarrassed him in such a way would be "six feet under."

Clark and Post reporter Rudy Maxa took Ray up on the story and personally witnessed her dinner dates with Hays on a couple of occasions. Ray also allowed them to eavesdrop on a phone call from Hays. When Ray asked what the state of their relationship would be after Hays' wedding, Hays replied, "If you behave yourself, we'll see." He also advised her to start coming into work more often, since he was afraid that Bob Woodward, one of the two Post reporters who had managed to crack open the Watergate scandal, was after him (Woodward was looking into Hays on restaurant expenses, but not the Ray affair). Ray asked, "Do I still have to screw you?" Hays answered, "Well, that never mattered."

The Post ran the story on May 23, 1976. It included Hays response to the question of whether he had been having an affair: "Hell's fire! I'm a very happily married man!" However, the personal witness accounts of the reporters, including a transcription of the phone call, made the denial ring hollow. The story also accused another committee staffer, Paul Panzarella, of living with Hays' niece and receiving a paycheck for doing virtually no work. In later investigations, Hays was accused of giving two other men annual salaries of $25,000 and $10,000 for minimal contributions to the committee.

Two days after his denial, Hays admitted to having a "personal relationship" with Ray but maintained that she had done work for the committee and had not been hired solely for sex. Time opined that Ray was not the most sympathetic character, described by past boyfriends as "nutty, spacey, neurotic, or dim," but that Hays' overall crustiness made him a particularly worthy subject to be knocked down a peg or two. In July of 1976, the Ohio Black Political Assembly called for Hays' expulsion, saying the House had set a precedent for expulsion for misconduct with the Powell decision and needed to be consistent. Noting that Powell, dead since 1972, had said he could come back to haunt those who had removed him because they were guilty of the same sins, a lawyer later referred to Ray as "the ghost of Adam Clayton Powell."

In June, Hays was hospitalized after taking an overdose of sleeping pills, an action he insisted was accidental and not a suicide attempt. The same month, he resigned from the Democratic Congressional Campaign Committee and Committee on House Administration, an action that automatically removed him as chair of the Joint Committee on Printing. He said he was resigning due to the accusations and the state of his health, but that he was convinced he would be exonerated and possibly restored. In fact, Hays was easily able to win the Democratic nomination for the 1976 election that month.

Instead of proceeding, Hays announced in August that he would not seek re-election. "The polls show I'd win, but I don't want to give that woman another chance to make an appearance," he said. By this point, a book on the affair entitled "The Washington Fringe Benefit" had been published under Ray's name. Ray herself said she regretted her actions and that she had not intended to bring about Hays' downfall; she even declared, "He's suffered enough. He's gone through enough torture."

On September 1, Hays resigned. The House Committee on Standards of Official Conduct immediately dropped its investigation, since they no longer had jurisdiction in the matter. Hays had reportedly asked for the ethics committee to look into the matter in order to show that Ray had actually worked for her salary, though other sources say the resignation was explicitly to escape the committee's investigation.

The matter was not a simple matter of infidelity, however; there was still the question of whether Hays had thrown away government money on useless employees. For a time, the Justice Department looked into whether Hays could be charged with conspiracy to defraud the government or conversion of public funds to private use. In October, three lawsuits seeking to recover Ray's salary were dismissed, and in December the Justice Department closed their investigation without pressing charges. An anonymous source said there was a lack of evidence against Hays, and that Ray's credibility was also an issue.

Douglas Applegate, the Ohio state senator chosen to replace Hays as the Democratic nominee, won the 1976 election and served until his decision to not run for re-election in 1994. Hays' marriage survived the uproar and he returned to his farm in Ohio, where he raised cattle and horses. Only two years after the scandal, he ran for the state house of representatives; his Republican opponent, George Contos, tried to use the scandal against Hays but without success. Hays served one term before being defeated in a re-election attempt. In 1980, he became chairman of the Belmont County Democratic Party, and the next year he was elected to the Belmont County Board of Education. In 1989, he died at a hospital in Wheeling, West Virginia after suffering a heart attack.

Sources: The Biographical Directory of the United States Congress, "McArthur Inquiry Sought In Capital" in the Toledo Blade on Jun. 25 1949, "Democrats Walk Out of House Probe" in the Pittsburgh Post-Gazette on May 25 1954, "The Lesson" in Time on Jun. 21 1954, "Report Card" in Time on Jul. 12 1954, "Work Done" in Time on Apr. 2 1956, "Ohio Congressman Walks Out of Ike's Middle East Huddle" in the Daily Collegian on Jan. 9 1957, "Hays, Headwaiter Return" in the Toledo Blade on Nov. 12 1963, "Ohio Mayor Says Lawmaker To Find Law Is Not A Joke" in the Toledo Blade on Feb. 20 1966, "Powell Acts May Bring Prosecution" in the Eugene Register-Guard on Dec. 22 1966, "Patman Pushed Out As Panel Chairman" in the Pittsburgh Post-Gazette on Jan. 23 1975, "Hays Is Charged With Misuse of Mail Privilege" in the Bryan Times on Jan. 5 1976, "Milestones" in Time on Apr. 26 1976, "Closed Session Romance On The Hill" in the Washington Post on May 23 1976, "Indecent Exposure On Capitol Hill" in Time on Jun. 7 1976, "Hays' Resignation Accepted" in the Ellensburg Daily Record on Jun. 21 1976, "How The Washington Post Got The Goods On Wayne Hays" in New York Magazine on Jun. 21 1976, "Liz Ray Could Be 'Adam Powell's Ghost:' Lawyer" in Jet on Jul. 15 1976, "Black Group Wants Hays Expelled" in the Bryan Times on Jul. 27 1976, "Study Reveals Third Marginal Hays' Staffer" in The Ledger on Aug. 5 1976, "Hays Quits Race, Hopes That Finishes Miss Ray" in the Eugene Register-Guard on Aug. 13 1976, "Wayne Hays Is Replaced" in the Spokane Daily Chronicle on Aug. 17 1976, "One Incumbent Loses" in the Bryan Times on Nov. 8 1976, "Elizabeth Ray" in the Boca Raton News on Sept. 1 1976, "Hays Resigns House Seat" in the Spokesman-Review on Sept. 2 1976, "Capitol Hill's Sex Scandal All Worn Out" in the Eugene Register-Guard on Dec. 9 1976, "Scandal Ads Backfire in Hays' Ohio Contest" in the Pittsburgh Post-Gazette on Oct. 21 1978, "Wayne Hays Elected To Ohio School Post" in the Spokesman-Review on Nov. 3 1981, "Wayne L. Hays of Ohio Dies at 77" in the New York Times on Feb. 11 1989, Ohio Politics by Alexander P. Lamis and Mary Anne Sharkey, The Betrayal of the American Right by Murray N. Rothbard and Thomas E. Woods, Philanthropic Foundations In The Twentieth Century by Joseph Charles Kiger, Encyclopedia of White-Collar and Corporate Crime by Lawrence M. Salinger