Will Bob McDonnell Be Indicted?

As the Richmond Times Dispatch reports, speculation continues on whether or not Bob McDonnell and/or Maureen "Marie Antoinette" McDonnell in connection with the more than $266,000 in gifts, cash payments and political contributions received from Jonnie R. Williams and Star Scientific.  As noted to date, part of Taliban Bob's defense is that he did not know who much loot his greed driven wife received from Williams.   Meanwhile, there seems to be no explanation from Ms. McDonnell on why she acted like Emelda Marcos in her pursuit of designer clothes on lavish shopping trips to New York City.  Personally, I find it beyond belief that something of wasn't done for Williams/Star Scientific in return for such lavish spending.   As for McDonnell's feigned lack of knowledge, it's what I have called the Sergeant Schultz defense.  I don't buy it.  Here are highlights from the Times Dispatch:

Attorneys and law professors are uncertain whether Gov. Bob McDonnell’s legal troubles could lead to a federal indictment.

But if McDonnell is indicted and declines to step down, Republican legislative leaders privately are steeling themselves to ask the governor to resign to spare the state from distraction as the government gears up to produce a two-year budget by December.

Andrew G. McBride, who spent seven years as an assistant U.S. attorney in the Eastern District of Virginia, and three in the main Department of Justice, said the case doesn’t fit exactly a classic public corruption model — an official act in exchange for some form of compensation.

“At the same time, it has some egregious facts that might well lead the U.S. Attorney’s Office to indict.

“Or, I could very much see a situation, and this is authorized by the U.S. attorney’s manual, where they trade non-indictment of both the governor and the first lady in exchange for the immediate resignation of the governor.”

The coming weeks could be decisive. A decision or announcement could be made within two weeks to avoid getting too close to the November election.

Williams, the Star CEO, is facing his own potential legal troubles. Leading the defense team for Williams are Richard Cullen, chairman of McGuireWoods and a former U.S. attorney for the Eastern District of Virginia; and Toby Vick, a former federal prosecutor.

Lawyers say he could have trouble with the income tax laws for cash gifts made to the McDonnells.

Federal investigators are probing whether McDonnell or his administration provided any benefit to Williams and his company in exchange for the more than $166,000 in gifts, loans and cash payments Williams provided to the first family — in addition to nearly $110,000 in campaign and political action committee donations. The governor has maintained that Star Scientific has not received any special treatment from his administration.

There's more to the piece for those interested.  Again, no one gives that much money without expecting something.

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Dozens of Improper E-mails Surface from Cuccinelli's Office to Gas Company

Yesterday I wrote about the growing scandal that Ken Cuccinelli is facing arising from his office's improper assistance to a gas company litigant in a lawsuit brought by Virginia landowners to recovery gas royalties.  As noted in that post, from my experience as a former in-house attorney to an oil company who is familiar with Virginia's Oil and Gas Act, there is no legitimate basis for the AG's office to have been assisting the gas company litigants.  Now, the Bristol Herald Courier is reporting that a slew of additional e-mails from one of Cuccinelli's assistant attorney generals assisting an oil and gas company owned by one of his biggest campaign contributors have surfaced.  The bottom line message to be learned is that Cuccinelli is lying about his involvement in what increasingly appears to be improper intervention in a private civil lawsuit in exchange for over $100,000 in cash contributions.  If Bob McDonnell has a problem with the feds, then Cuccinelli does as well, but even more so.  Here are highlights from the Herald Courier:

ABINGDON, Va. — Court records show that an assistant attorney general sent dozens of emails to lawyers representing the two energy companies now being sued in a federal class-action case over natural gas royalties in Southwest Virginia.

This is in addition to a series of five emails that came to light months ago, when a federal magistrate judge criticized the staffer for appearing to advise the lawyers on how to fight the lawsuits.

With the larger batch of emails, the magistrate judge eventually ruled that nearly half failed to meet the common-interest legal doctrine that state Attorney General Ken Cuccinelli now insists allowed his staff member to ethically communicate with those lawyers.

Pigeon sent at least 52 emails to lawyers of defendants EQT Production and CNX Gas since the lawsuits were filed three years ago, reveals a Herald Courier review of court documents filed in U.S. District Court in Abingdon.

In June, the attorney general said his office joined the court cases only to fight constitutional challenges to the Virginia Gas and Oil Act, which is at the heart of a series of lawsuits seeking at least $28 million in natural gas royalties now held in state-mandated escrow accounts set up and monitored by the Gas and Oil Board.

Speculation over the relationship between the state’s highest legal office and corporate lawyers has become a political hot topic: Cuccinelli is the Republican candidate vying with Democrat Terry McAuliffe for the governor’s seat, up for grabs in November.

Adding to the fire is the role CNX parent company CONSOL Energy has as one of the top financial contributors to Cuccinelli’s campaign. The company has funneled $111,044 into his campaign coffers since 2012, according to campaign watchdog Virginia Public Access Project.

Last week, the state’s inspector general confirmed to the Herald Courier that his office is conducting an investigation of whether Pigeon wrongfully advised the energy company lawyers and said it could take months to wrap up.

As for Pigeon’s emails, it was early 2011 when the lawyers seeking the royalties on behalf of a group of Southwest Virginia landowners began to ask for her communications with the corporate attorneys.

Cuccinelli’s office fought the release [of the e-mails] and argued that the common-interest doctrine allows lawyers representing separate clients to trade information as long as they have similar interests.

U.S. Magistrate Pamela Meade Sargent wrote that none of the dozens of emails Pigeon traded with defense lawyers seemed to touch upon any constitutional issues.

Instead, Pigeon’s emails appear to have focused on such topics as the effect of a jury pool, judicial orders and other case issues, suggest references in court documents. She sent many of those emails months after a senior judge ruled on the constitutional challenges and after the attorney general’s office dropped out of the case.

 The AG’s office jumped back into the lawsuits only to fight the plaintiff’s request for the emails.

Something is clearly rotten in this picture.  Personally, from all my dealings with the Attorney General's office over the years, I find it hard to believe that Pigeon advised the gas companies without direction from above.  One can only hope that Pigeon will opt to not fail on her sword and will come clean about who was directing her to assist the gas company defendants.   If that happens, I suspect the feds will be opening an investigation of Cuccinelli. 

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Ken Cuccinelli's Gas Royalties Scandal

While there are growing calls for Bob McDonnell to resign from office due to the growing "Gift Gate" scandal - McDonnell's defense basically sounds like Sergeant Schultz  in Hogans Heroes: he heard nothing, he saw nothing and knew nothing about his wife's raking in loot and receiving loans for Jonnie R. Williams, Sr. - to date, Ken Cuccinelli has continued to refuse to return any of the loot that he received from Williams.  But perhaps the biggest scandal that has yet to fully unfold surrounding Cuccinelli is his office's improper provision of legal assistance to  the subsidiary of one of Cuccinelli's $100,000 plus donors in a civil lawsuit against Virginians.  

Cuccinelli has tried to claim that the subordinate in the Attorney General's office gave legal advice to his donor's subsidiary as part of her representation of the Virginia Oil and Gas Board.  Pardon my French, but this story line is BULLSHIT.   Why do I say this?  First, I am well familiar with the Virginia's Oil and Gas regulatory scheme.  In fact, when Virginia's statutes were enacted in 1982, one of my fellow attorneys at the oil company I worked for at the time was on the advisory committee working on the legislation (Union Texas Petroleum was at the time the largest holder of oil and gas leases in Virginia).  Since I was a member of the Virginia State Bar, I was involved in reviewing proposed legislation that implemented the current regulatory scheme.   I suspect I know more about oil and gas law in Virginia and elsewhere than anyone on the current Attorney General's staff.  There was NO NEED for the Oil and Gas Board to be involved in this lawsuit.

In addition, in private practice, I have been involved in litigation with leaseholders from the lessee/oil company perspective.  NEVER, EVER in such litigation did the state oil and gas board or the state attorney general's office provide legal assistance to my law firm or our oil company clients.  NEVER, EVER.   In short, there is no legitimate way to explain why an Assistant Attorney General was giving legal advise and assistance to oil company litigants in a civil lawsuit.  A $100,000 contribution to Cuccinelli's gubernatorial campaign is seemingly the only explanation.  Cuccinelli sold out Virginia landowners and taxpayers in exchange for cold cash.  Democrat Attorney General Candidate Mark Herring explains it all well:

“At a time when Virginians deserve the truth, Ken Cuccinelli and his office continue to fight to keep the public in the dark about the help they gave to out-of-state gas companies trying to deny Virginians millions in mining royalties," Herring said. “It’s shameful that Ken Cuccinelli aligned with the gas companies to keep their emails out of the public view. And it’s shameful that Cuccinelli would think it’s acceptable for his office to offer legal advice to an out of state company, instead of working on behalf of Virginians.

“It seems every day we have more proof that Ken Cuccinelli is more concerned with sweeping his scandals – whether it’s Star Scientific or this mining royalties scandal – under the rug instead of revealing the truth. It’s shocking that his ticketmate Mark Obenshain sits quietly on the sidelines while Ken Cuccinelli puts the interest of a company that donates to his campaign over the interests of Virginia taxpayers. This is why Virginians are ready for a change in the Office of Attorney General,”

Oh, and did I mention that Cuccinelli's office fought to block the release of the e-mails that revealed the extent of the Attorney General's office was in this civil litigation?  Cuccinelli is a lying douche bag in my opinion.  Like most of the far right faction that likes to wear their religiosity on their sleeve, Cuccinelli makes a tawdry whore look virtuous.

 

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Virginian Pilot: Bob McDonnell Needs to Resign

A post yesterday looked at the deepening problems of Bob "Taliban Bob" McDonnell and "Gift Gate" which was driven apparently in large part by Maureen McDonnell's incredible greed and willingness to sell political favors.  McDonnell's defense: he didn't know what his wife was up to.  It defies belief and frankly suggests that McDonnell is a liar to boot.  Today, the Virginian Pilot calls on McDonnell to do the right thing and resign so as to spare Virginia more seedy headlines and embarrassment.  Here are highlights:

Less than a month ago, Gov. Bob McDonnell apologized to Virginians for the financial and ethical controversy swirling around his office. He insisted that he broke no laws and was "committed to regaining your sacred trust and confidence."

In the ensuing weeks, however, new details about McDonnell's relationship with supplement maker Star Scientific and the company's chief executive, Jonnie Williams, have called into question the commitment to restoring that trust. Worse, the revelations have raised substantial new questions about the governor's ties to the company.

Those details include additional gifts provided by Williams to the governor's family, as well as confirmation that the governor's wife, Maureen McDonnell, twice purchased shares of Star Scientific stock with money loaned to her by Williams.

As The Pilot's Julian Walker reported, those stock purchases establish a direct financial connection between the McDonnells and the company that the governor and first lady have touted during his term. The governor's explanation - that he didn't know the extent of his wife's financial dealings with Williams - doesn't change that.

Star Scientific is the focus of a federal securities investigation and is embroiled in a $700,000 tax lawsuit against the state. Yet Virginia's first family owned shares in the company and accepted lavish gifts, including designer clothes, a Rolex and tens of thousands of dollars in loans, from the company's CEO.

On Monday, The Washington Post reported, federal officials met with attorneys for the governor and his wife to discuss whether the couple should be charged. That is a dire prospect, one that underscores the magnitude of the situation and the need for steady leadership and credible reform of the system that enabled the current mess.

McDonnell's failure to completely disclose his family's financial ties to Star Scientific has diminished his credibility and drained his capacity to lead the commonwealth. The latest revelations, even without the possibility of an indictment of the commonwealth's chief executive, make the prospect of his continued leadership untenable. He must devote his full attention to sorting out his personal and legal problems.

For the good of his office, of the state and of every Virginian - and for the good of his family and of himself - McDonnell should resign.

The Pilot is correct in its analysis.  I would only add that voters need to remember that Ken Cuccinelli was in bed with Williams and Star Scientific as well.  He merely received fewer gifts.  Or at least that's what he is telling everyone.

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Bob McDonnell Pleads Unbelievable Ignorance - Throws Wife Under the Bus

The "Gift Gate" scandal surrounding Republican Virginia Governor Bob McDonnell continues to escalate and, based on coverage in the Washington Post, McDonnell is seemingly trying to claim that it is all the fault of his greedy wife and that he had no idea how much she was sucking up at Jonnie R. William, Sr.'s trough of gifts and questionable loans to Virginia's first family.  Frankly, McDonnell's story line defies belief - especially since Williams disputes it and says that McDonnell knew what was going on.  Whatever happens, it would seem that McDonnell's political career is over.   One can only hope that as the star Scientific scandal grows it will also envelop Ken Cuccinelli.  Here are highlights from the Post coverage: 

Attorneys for Virginia Gov. Robert F. McDonnell and his wife, Maureen, will spend Monday locked in separate hours-long meetings trying to convince federal prosecutors that the first couple should not be charged in the gifts scandal that has dominated state politics.

The meetings open a new, critical phase of the investigation, timed to help prosecutors decide over the next few weeks whether to file charges, according to two people with knowledge of the investigation.

The central issues for prosecutors are what precisely McDonnell may have said or offered to Williams on his own and how much the governor knew about his wife’s acceptance of gifts from Williams and her actions to help his company just as Star was launching a new product.

As the scandal has shined an uncomfortable spotlight on the governor’s marriage, McDonnell’s side has conveyed to authorities that his wife often purposely kept him in the dark about the largess she was accepting from Williams, according to a person familiar with the investigation.

Their goal with that assertion is to convince prosecutors that it would have been impossible for Williams’s gifts to have influenced the governor in his official duties because McDonnell learned of many only after his wife had accepted them.

Prosecutors will have to decide how credible they find those assertions when considered against the timeline of the first couple’s interactions with Williams and other evidence, including Williams’s recollections.
According to two people familiar with his version, Williams has countered the account from the governor’s side.

The now fast-paced timeline of the investigation is driven in part by two factors.  First, prosecutors generally wish to move as quickly as possible if they think there is evidence of criminal actions by a sitting, still powerful elected official.  Second, Justice Department guidelines discourage prosecutors from taking action during an election season to avoid the perception that they are trying to influence the outcome.

Over a roughly 18-month span in 2011 and 2012, Williams gave $15,000 in clothing to Maureen McDonnell, a $6,500 Rolex watch he intended for the governor, $15,000 for catering at the wedding of one of McDonnell’s daughters and $10,000 as an engagement gift to another daughter.


Two people confirmed over the weekend that there were additional gifts, including golf clubs for each of the governor’s college-age twin sons and an iPhone for the first lady.

Most significant, in 2011 and 2012, Williams provided $120,000 to Maureen McDonnell and to a small holding company owned by the governor and his sister, money the governor has said were loans that he has now repaid.
[T]the governor’s team has told authorities that McDonnell did not know that Williams paid for a shopping trip for Maureen McDonnell at Bergdorf Goodman in New York City in spring 2011.  They also have told prosecutors that he didn’t know it was Williams who bought the Rolex watch inscribed with the words “71st Governor of Virginia.”

They say he learned of a $50,000 loan Williams made to his wife in May 2011, about two weeks after the money arrived, by which time it had been spent.   About $30,000 went to purchase Star stock intended for the McDonnell children and the rest to pay down debt.  McDonnell learned five months later, in November 2011, that the stock was in his wife’s name and had not been transferred to their children as she had indicated, according to someone familiar with the governor’s account.

 There's more, but it's hard not to conclude either (i) Bob McDonnell is an idiot, or (ii) that he thinks the prosecutors and Virginia voters are idiots.  I opt for option (ii).

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Ken Cuccinelli's False Attacks on Terry McAuliffe

Cuccinelli = Dishonest Liar

In the 2013 Virginia gubernatorial contest, there is lots of real evidence of Ken Cuccinelli's ethical failures and influence peddling: $18,000 in gifts from Jonnie R. Williams, Sr., stock dealings in Star Scientific, $100,000 from the parent of an energy company that received improper legal assistance from the attorney general's office in a lawsuit with Virginia landowners and tax payers, etc.  And then there are all of Cuccinelli's frivolous lawsuits that have gone down in flames squandering Virginia taxpayer resources in the process.  Oh, and then there's the significant growth of the AG's office under Mr. Small Government Cuccinelli.  What does one do if you are Cuccinelli?  Attack his opponent with innuendo and claim that there's fire of scandal where there isn't any.  If Cuccinelli's lips are moving, it is safet to assume he's lying. A column in the Washington Post looks at Cuccinelli's dishonest attacks on McAuliffe.  Here are excerpts:

My first concern is the furor over Democratic candidate Terry McAuliffe’s misadventure with GreenTech Automotive, which makes small electric cars in Northern Mississippi after skipping past Virginia during its search for a plant site.

The campaign of Republican contender Kenneth Cuccinelli is making  a lot of hay over some rather vague accusations’ involving McAuliffe, and that seems to be as much as they have on Terry. The New York Times and The Post have weighed in with stories about the car company and a related financial firm that involves Hillary Rodham Clinton’s brother.

Basically, McAuliffe got into business with a man named Charles Wang to build little battery-powered cars. Part of the strategy involved getting visas for some business people from China under a legal program that has been around for about two decades. McAuliffe may have done a bit of informal lobbying to expedite the visa processs, as far as I can tell.

In sum, at least from what we know so far, McAuliffe got involved in a business that didn’t live up to expectations. He should have told voters he’d bailed on the firm sooner than he did.

A little perspective. There are lots of business problems out there. Here in Richmond, the region lost some big companies during the Great Recession, including mass retailer Circuit City, mortgage firm Land America and chip-maker Qimondo. The Post has such financial problems that it is being bought by Jeff Bezos of Amazon.

Where’s the smoking gun in these cases?

And then, as noted above and in the column, there's Cuccinelli's own record:

The attorney general bought stock in a firm involved in a tax case his office was prosecuted. He did not immediately disclose the holding. He also accepted $18,000 in gifts from the owner of the firm . . .  One of his assistants was criticized by a federal judge for acting as an advocate for two large energy companies in a legal battle over natural gas rights. One of the firms is a major contributor to Cuccinelli’s campaign.

Nothing here is going to send Cuccinelli to jail, but how do McAuliffe’s problems with GreenTech measure up as ethical transgressions when compared to Cuccinelli’s?

The fact is, they don’t, barring more revelations about GreenTech.

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Growing Scandal Surrounds Ken Cuccinelli

Both Bob "Taliban Bob" McDonnell and Ken "Kookinelli" Cuccinelli make a point of wearing their supposed religiosity on their sleeves, yet the unfolding picture is one of greed and corruption that one would more expect among the mafia.  Both accepted lavish gifts from Jonnie R. Williams and now the Inspector General's office is investigating whether Cuccinelli's office gave improper legal advice to private litigants one of which is an affiliate of a corporation that just happened to give Cuccinelli $100,000.  Even the conservative Richmond Times Dispatch is slamming Cuccinelli for what looks like improprieties on a major scale.  Here are editorial excerpts: 

Politically explosive investigations in Virginia are proliferating at a rate that makes bunny rabbits look almost celibate. The latest inquiry concerns the Office of the Attorney General.

State Inspector General Michael Morehart is looking into whether one of the lawyers in that office was out of bounds when she gave legal advice to a private company embroiled in a dispute with Virginia landowners over mineral rights. Sharon Pigeon’s emails to attorneys for Consol Energy were unusual enough to draw a sharp rebuke from a federal magistrate.

This would qualify as embarrassing news for Ken Cuccinelli under any circumstances. But its potential to hurt the Republican’s gubernatorial chances is magnified by two facts. First, Consol has given hefty sums to his campaign war chest. Second, Cuccinelli was briefed on the case by senior staff. That doesn’t mean he knew about, let alone directed, Pigeon’s activity. But it does make any claim of ignorance on his part a more difficult sell.

After nutritional supplement-maker Star Scientific sued Virginia in a dispute over taxes, Cuccinelli (a) bought stock in Star Scientific, then sold it for a profit, and (b) used the vacation home of CEO Jonnie Williams Sr. – and did not recuse his office until publicly pressured to do so.

There’s also the lingering odor from the case of U.S. Navy Veterans Association, a “charity” investigated by several states. The group’s founder and leader, John Donald Cody, went by the name Bobby Thompson, and – before he went on the lam – contributed to numerous Virginia politicians, Cuccinelli in particular. He now faces trial on felony theft and money-laundering charges.

None of this implies any sort of illegality on Cuccinelli’s part. But it may suggest a level of coziness between the attorney general and his benefactors that does little good to the public, and that voters might find alarming. They also might wonder why Cuccinelli seems to take the long way around to the right decision.

 Ouch!!!

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Bob McDonnell Scandal: The Sharks Are Turning on Each Other

Frankly, it has been entertaining to watch the festering of Bob McDonnell's self-inflicted political wounds.  The greed and sense of entitlement - especially on the part of Maureen McDonnell - has been shocking.   The only down side has been that the scandal has not hit Ken Cuccinelli - Virginia's would be Adolph Hitler like figure - harder.  Kookinelli is just as dirty as McDonnell and only received less generosity from Williams because he doesn't wield the power the governor holds in Virginia.  Now, Bob "Taliban Bob" or "Rolex Bob" McDonnell and erstwhile buddy and lavish gift giver Jonnie R. Williams, Sr., seem poised to go for each others throats.  A column in Bacon's Rebellion looks at this turn of events.  Here are excerpts:

You know something bad is up when Gov. Robert F. McDonnell starts turning on his gift-giving pal Jonnie R. Williams Sr. of Star Scientific and federal prosecutors.

On Friday, the troubled dietary supplement maker filed securities documents saying that the firm has been told by federal prosecutors that it would not be charged criminally in their probe of McDonnell’s acceptance of gifts and loans.

Rich Galen, the Sherpa McDonnell has hired to get him through the scandal, has said that the feds are giving Williams “a free pass” which apparently means that Williams will turn state’s evidence against McDonnell. And that apparently means that the chances of McDonnell’s being indicted are higher, not lower.

According to the Richmond Times-Dispatch, Galen “contrasted” McDonnell’s 37 years of public service with Williams, whom Galen said  “has been in trouble with government entities since the earliest days of his business career.”

Now that is a mouthful. And it is very strange given that McDonnell, who told me that he has known Williams for five or six years, has been such a close personal friend with Williams that he has accepted $165,000 in gifts and loans from him, has stayed at his lakeside vacation home, his wife has flown around in his airplane and has gotten a New York City shopping spree (including a $6,5000 Rolex for Bob). The McDonnells have given the goodies back.

Now it seems that McDonnell is going on the campaign trail this week to prop his reputation. One would think he might be going on the hustings to help Cuccinelli. But, no, Cuccinelli is trying to distance himself as much as he can from McDonnell even though Cuccinelli got $18,000 in gifts from Williams. Unlike the governor, the attorney general is not giving them back.

Chris LaCivita, a Cuccinelli advisor, actually gave this bizarre explanation for Cuccinelli’s decision to keep the stuff. The attorney general has seven kids and has to manage his family budget. Ethical transgressions are acceptable if you have a lot of children. Who knew?

The upshot is that McDonnell appears to be in very deep trouble with the FBI and U.S. Attorney’s office.

Seven kids, and it still didn't turn Cuccinelli straight.   The man is a slime and a closet case.

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Report: Bob McDonnell Possibly Facing Criminal Charges Over Cash Gifts

Bob McDonnell and his family acted like pigs at a trough when it came to soliciting and accepting bribes "gifts" from Star Scientific CEO Jonnie R. Williams, Sr.  Now, MSNBC is reporting that McDonnell could be facing criminal charges for the cash bribes "gifts" he accepted.  If this in fact comes to pass, McDonnell's aspirations for higher office may well be toast.  Secondly, such charges may bring renewed coverage of Ken Cuccinelli's willingness to likewise solicit and accept bribes "gifts" from Williams.  Here are highlights from MSNBC's article:

A federal investigation into Virginia governor Bob McDonnell’s accepting financial gifts from companies could lead to potential criminal charges against the Republican, the Washington Post reported Sunday.

Authorities are now investigating whether those gifts were part of a quid-pro-quo arrangement between Williams and McDonnell where the governor accepted the money in exchange for helping the company with Antabloc, a new dietary supplement, the paper reported.

Last week, McDonnell agreed to pay back the loans from Star Scientific, saying that he was, “deeply sorry for the embarrassment certain members of my family and I brought upon my beloved Virginia and her citizens.”

After receiving the gifts, McDonnell set up a meeting between Williams and Virginia’s secretary of health to discuss Andabloc; Maureen McDonnell, the first lady, hosted a lunch attended by her husband to celebrate the release of the drug at the governor’s mansion, the paper reported.

I want to know what Cuccinelli was supposed to deliver to Williams in exchange for the over $18,000 in "gifts" Cuccinelli received.  Virginia voters should be loudly asking this question.

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Cuccinelli Will Not Return $18,000 in Gifts (Bribes?)

While Bob McDonnell is trying to save his ass by returning lavish gifts - some now being euphemistically called "loans" - the ever despicable Ken Cuccinelli has announced that he will not follow suit and reimburse Jonnie R. Williams, Sr., for the $18,000 in bribes gifts Cuccinelli recieved.  His reasoning?  Since the gifts were in the form of cash or tangible items like Rolex watches, they can't be returned.   Somehow he misses the point that he received what I am sure Williams viewed as payments for future political favors.  But then again, Cuccinelli always sees himself as exempt from the laws and rules that apply to others.   Here are highlights from a Washington Post article on Cuccinelli's bullshit position:

Attorney General Ken Cuccinelli says he’s glad Gov. Bob McDonnell is returning all the gifts he received from a major political donor. But he has no plans to repay the more than $18,000 in gifts he received from the same benefactor.

Cuccinelli told reporters Wednesday that Star Scientific CEO Jonnie Williams didn’t give him the kind of gifts that can be returned. Among the gifts from Williams listed in Cuccinelli’s financial disclosure statements are a $1,500 catered Thanksgiving dinner, private jet trips and vacation lodging. Cuccinelli said, “There are some bells you can’t unring.”

The Republican candidate for governor made the remarks the day after McDonnell announced he and his family are returning all their gifts and repaying $125,000 in business and personal loans from Williams.

Cuccinelli misses the point that he could write a check to Williams to make things right.  But then again, Cuccinelli is all about money as demonstrated by his refusal to resign from office.  He wants taxpayers to underwrite his political campaign.  Perhaps he should have thought through the cost of having all the children he fathered trying to convince himself that he's not gay.

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Cuccinelli Remains Entangled With Star Scientific

GOP gubernatorial candidate Ken "Kookinelli" Cuccinelli is trumpeting the findings of a report that at first glance states that Kookinelli is not as corrupt as Bob McDonnell.  But the fine print if you will raises some disturbing questions that need further exploration and which raise the question of whether there are more details - i.e., bribes gifts - that have yet come to light.  Besides being insane, Kookinelli is power mad and has a history of viewing himself above the law and above U. S. Supreme Court rulings as demonstrated by his effort to keep oral sex a felony in Virginia.  The Maddow Blog sums things up well:

[I]f all you read is the headline -- "Investigators Clear Virginia's Cuccinelli in Ethics Probe" -- you're going to miss some key details. For example, the same report notes that Cuccinelli, far from doing nothing to help his generous benefactor, may have helped Williams after all.

Star sued the state to reverse a $1.7 million tax bill in 2011, shortly before Cuccinelli made a second, $10,000 investment in its shares and before the attorney general asked Williams if his family could stay for a third time at Williams' Smith Mountain Lake vacation home.

Cuccinelli has said he never talked to Williams about the lawsuit, though he has said Williams had earlier complained about the disputed taxes.

The attorney general told the ethics investigators "that he may have suggested that Williams contact a certain attorney at a Richmond law firm 'to assist him and his company with the Tobacco Fund,' " according to a report issued by Richmond Commonwealth's Attorney Michael Herring, quoting an investigators' findings.

So, Williams sued Virginia, and it was up Cuccinelli to defend the state in the case. It was around this time that Cuccinelli started buying stock in Williams' company and taking trips to Williams' lovely vacation home. And it was also around this time that Cuccinelli "may have" offered legal advice to Williams, too.

The report issued yesterday added, "[O]ne cannot help but question whether [Cuccinelli's] repeated omissions of Williams [in his disclosure forms] are coincidence or a pattern reflecting intent to conceal."

Given all of this, why is Cuccinelli off the hook? Probably because Virginia has pretty weak ethics laws, making it easier to get away with dubious conduct.

Oh, and then there's the question of why the Virginia Retirement System purchased — and sold at a loss -- 71,900 shares of Star Scientific stock over a three-month period.  The retirement system lost $87,000 in the process.  Just a coincidence?  Not likely.  The Daily Progress has details here.

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Cuccinelli Continues to Try to Hide Ties to Star Scientific

With Bob "Taliban Bob" McDonnell's popularity plummeting and roughly a third of Virginians believing that he should resign as Governor of Virginia, his would be successor, extremist Ken Cuccinelli is dancing as fast as he can to put distance between himself and McDonnell and Jonnie R. Williams, Sr. (pictured below), who was giving handouts of gifts - and perhaps insider stock trading information - to Cuccinelli as well.  One can only hope the media and Cuccinelli's opponent, Terry McAuliffe continue the drum beat to force Cuccinelli to come clean.  A piece in the New York Times reviews the Cuccinelli-Williams relationship which mirrors that of Williams and McDonnell except for the magnitude of the gifts (at least so far).  Here are highlights:

He first bought the tiny company’s stock after bunking down in its chief executive’s six-bedroom home.

He added to his holdings soon after the rollout of a new product that the company hinted could be a cure for Alzheimer’s disease.  As the stock reached a 52-week high last year, he sold part of his portfolio for a $4,000 profit. 

Kenneth T. Cuccinelli II, Virginia’s attorney general, said that the timing of his ownership of Star Scientific shares reflected nothing more than his own investment analysis. 

Star Scientific and its chief executive have been at the center of an exploding political drama in Virginia as state and federal investigators look into lavish gifts that the executive, Jonnie R. Williams Sr., gave Gov. Bob McDonnell. 

And now, despite his efforts to distance himself, scrutiny is growing of Mr. Cuccinelli’s ties to the executive. 

Mr. Williams, 57, also gave the attorney general $18,000 worth of gifts, including frequent stays at Mr. Williams’s homes outside Richmond and in the Blue Ridge Mountains, according to Mr. Cuccinelli’s financial disclosure statements. Mr. Cuccinelli at first failed to report some gifts, as well as his Star Scientific stock, as required by law, which he has said was an oversight. 

At no time, the attorney general said, did he receive stock tips from the executive. But Mr. Cuccinelli’s buying and selling of Star Scientific shares raises questions about whether he and Mr. Williams were as distant as campaign aides insist. 

Star Scientific was Mr. Cuccinelli’s only stock holding worth more than $10,000 since he became attorney general, according to his disclosure forms. In at least two cases, his buying and selling was closely timed to vacations he and his family enjoyed as guests of Mr. Williams. 

For a relative novice at stock picking, Mr. Cuccinelli’s investment in Star Scientific was highly unusual. It is a thinly traded stock in a company that has lost money for a decade. It stayed afloat by selling stock at a discount in “private placements” to large investors, whose hopes were repeatedly raised by company promotions about big payoffs. 

It is unclear how Mr. Cuccinelli first met Mr. Williams. When the attorney general took office in 2010, he sometimes stayed in Mr. Williams’s $2.2 million home outside Richmond while his family remained in the northern suburbs. 

In late October 2010, Mr. Cuccinelli made his first purchase of 5,060 shares of Star Scientific, at $1.98. A month later he, his wife and their seven children spent Thanksgiving at a vacation home that Mr. Williams owned on Smith Mountain Lake, near Roanoke, dining on a $1,500 catered dinner that Mr. Williams paid for, according to the attorney general’s financial disclosure.

Mr. Cuccinelli made his second purchase of stock, adding 3,600 shares of Star Scientific at $2.80. It continued its climb for a year, hitting a peak in early July 2012. In June, Mr. Cuccinelli used Mr. Williams’s lake house again, and after his vacation, he sold 1,500 shares of Star Scientific for a profit of $4,041.

There's more to the article but the supposed "coincidences" seem rather astounding.  Martha Stewat did prison time for insider trading.  Here, Cuccinelli is supposed to be Virginia's top law enforcement officer.  Jonnie R. Willimas may be many things, but the man isn't stupid.  The question thus becomes, what did he expect in return from Cuccinelli.  He did not give away gifts and use of his homes purely out of affection and the goodness of his heart.  Something is rotten in Cuccinelli land.

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The Chef Who Could Cook Bob McDonnell and Ken Cuccinelli

The greed and influence peddling that seem to be the hallmarks of Virginia Governor Bob "Taliban Bob" McDonnell and Attorney General Ken "Kookinelli" Cuccinelli terms in office to date will be aired further in the coming trial of former executive chef to the Governor's mansion, Todd Schneider.  Schneider is accused of taking state property from the Governor's mansion, but increasingly, it looks like his real crime was to pay too much attention to the misdeeds of the McDonald family members and the avalanche of money and gifts entering the Governor's mansion.  Talking Points Memo looks at the situation.  Here are highlights:

Accused of taking property from the governor’s mansion kitchen, Schneider is facing several charges of embezzlement in Virginia court. At the same time, he has become a key player in the scandal swirling around the McDonnells and Virginia’s Attorney General Ken Cuccinelli.

Revelations about the relationship between the McDonnell family, Cuccinelli, and a prominent political donor and businessman, Jonnie Williams Sr., have been trickling out for weeks. Williams, the CEO of a struggling dietary supplement company called Star Scientific, has given McDonnell tens of thousands of dollars in campaign funds over the years, as well as reportedly tens of thousands of dollars in undisclosed money and other gifts. The undisclosed funds are now at the center of federal and state investigations, according to The Washington Post.

According to a court motion filed at the end of April by his attorney, Schneider began providing state and federal authorities with information about Williams’ relationship to the McDonnells over a year ago. On Feb. 10, 2012, Schneider met with agents from the Virginia State Police and the FBI. A month later, on March 8, 2012, Schneider and his attorney again met with the agents, along with Patrick Dorgan, a senior assistant state attorney general.

Schneider’s lawyer, has argued that the very food and supplies his client is now accused of embezzling from the state was given to Schneider as work-around payment for catering personal and political events McDonnell held at the mansion. Furthermore, Benjamin believes Schneider should be treated as a whistleblower. He has also argued that Cuccinelli’s conflict of interest in the case — Schneider did not know Cuccinelli held Star Scientific stock when he began speaking with investigators — should get the case dismissed. (Cuccinelli recused himself from the case in late April, citing the fact that a former governor’s mansion employee now works for his gubernatorial campaign.)

Earlier this week, a court hearing was held on Benjamin’s motion to dismiss the case. Afterward, Tony Troy, a private attorney representing McDonnell, disputed the idea that Schneider had been forced to cook for non-state or McDonnell family events. According to The Washington Post, Troy said that the executive chef was supposed to be a “at-will, 24-7 employee.”

It will be interesting to watch to see if Schneider manages to cook McDonnell's and Cuccinelli's goose.

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Corruption Bob McDonnell and Ken Cuccinelli Style

As more and more information continues to leak out about Virginia Governor Bob McDonnell and his family - especially his wife, Maureen - the image that springs to mind is hogs at a trough eating up all they can grab, except in the case of McDonnell and family it is how many gifts and how much money can be secured.  While so far out of the fray in relative terms of the amount of loot secured, Ken Cuccinelli seemingly has engaged in a similar pattern of conduct with Star Scientific and its CEO, Jonnie R. Williams, Sr.  I for one hope more attention is focused on Cuccinelli as time goes by, especially in light of his continued view of himself as being above the laws and codes of conduct that govern others.  An editorial in the Washington Post slams McDonnell and should be a warning to Cuccinelli that he needs to come fully clean as well.  Here are highlights:

“IN THESE TOUGH budget times, everybody’s got to contribute, and I intend to do our part,” Virginia Gov. Robert F. McDonnell said on the eve of his inauguration in 2010, explaining why he and his cabinet would take small pay cuts. A year later, Mr. McDonnell bragged that he had eliminated projected deficits in Virginia “by cutting spending.” And last year, touting his “fiscal prudence and conservative budgeting,” Mr. McDonnell piously hoped that Virginia’s example “would be a model for Washington.”

Yet as Mr. McDonnell was touting the virtues of public-sector austerity, his personal life was a counter-example of profligacy, irresponsibility and entitlement.

McDonnell and his family accepted upward of $200,000 in cash handouts, extravagant gifts and so-called loans — on generous terms unavailable to other mortals — from a Virginia businessman who sought the governor’s imprimatur and favorable treatment from the state for his company.

Much of it went unreported on the disclosure forms that Mr. McDonnell filed annually with the state, thanks to lawyerly maneuvering, definitional hair-splitting and slippery accounting.

Mr. McDonnell’s head-spinning hypocrisy has stained his reputation and shredded the bonds of trust that any governor must maintain with the public if he wishes to be effective and credible. It’s time for him to stop dodging hard questions and hiding behind legal niceties; it’s time for Mr. McDonnell to level with Virginians about what has become the state’s most toxic scandal in years.

Federal and state investigators are continuing to examine the McDonnell-Williams nexus for evidence of illegality, and a grand jury is hearing evidence. But the test of Mr. McDonnell’s ethical judgment and common sense is not whether he ends up facing criminal charges. The fact is, his conduct was egregious, and he owes a full accounting to the public for whom he works.

State lawmakers, most of whom have assumed a posture of stunned silence, also need to speak up. Do they not realize that Mr. McDonnell, by his actions, is rapidly recasting the state’s image for clean government?

In the face of what was clearly a pattern of improper conduct and systematic disclosure-dodging, it is inadequate to say, as Mr. McDonnell has, that he has hewn to the letter of the law.

Blue Virginia lists out a number of questionable matters involving both McDonnell and Cuccinelli.

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"Taliban Bob" McDonnell Did Not Reveal Rolex From Donor

The greed and willingness to grab gifts and loot that has permeated the McDonnell household at the Governor's mansion seems to know few limits.  The latest item to come to light is a $6,500 Rolex watch that Taliban Bob seems to have conveniently forgotten to disclose.  It is becoming increasingly hard to believe that all the lavish gifts did not come with strings attached.   The Washington Post looks at McDonnell's latest memory lapse.  Here are excerpts:

A prominent political donor purchased a Rolex watch for Virginia Gov. Robert F. McDonnell, according to two people with knowledge of the gift, and the governor did not disclose it in his annual financial filings.

The $6,500 luxury watch was provided by wealthy businessman Jonnie R. Williams Sr., the people said. He is the chief executive of dietary supplement manufacturer Star Scientific and the person who paid for catering at the wedding of the governor’s daughter. The people spoke on the condition of anonymity because of an ongoing federal investigation into the relationship between Williams and the McDonnell family.

Williams’s gift came in August 2011 — about two weeks after he met with a top state health official to pitch the benefits of his company’s health products at a meeting arranged by first lady Maureen McDonnell, according to people who know of the meeting.

The Rolex, engraved with the inscription “71st Governor of Virginia,” represents the first undisclosed gift known to have been used personally by McDonnell (R) among tens of thousands of dollars of undisclosed gifts given to the governor’s family.

A spokesman for the U.S. attorney’s office declined to comment. Jerry Kilgore, an attorney for Williams, declined to comment on the federal investigation, as did Star Scientific’s corporate attorney, Abbe Lowell. Tucker Martin, a spokesman for the governor, also declined to comment on the watch or the investigation.

They [federal investigators] are also investigating other money provided to Maureen McDonnell, as well as expensive designer clothing — some bought in 2011 in New York City — according to people familiar with the inquiry.   The shopping trip emanated from a social occasion with Williams and Maureen McDonnell shortly after the governor won election. The governor’s wife mentioned that she would need an inauguration dress, preferably one from the designer Oscar de la Renta, and would like Williams’s help getting one, according to two people familiar with her suggestion.

The governor is the subject of broad federal and state investigations into gifts given to him and his family and whether McDonnell took official action on behalf of anyone who gave gifts, people with knowledge of the investigations have said.

There is more that deserves a full read.  One thing for certain, Maureen McDonnell is a real piece of work and seems insatiable in her quest for gifts.  She surely doesn't know the words "discrete" and "modest."

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Bob McDonnell Probe Finds Tens of Thousands of Dollars of Undisclosed Items

Ken Cuccinelli isn't the only corrupt GOP politician in Virginia.  As the Washington Post reports, a federal investigation into gifts to Bob "Taliban Bob" McDonnell and his family reveals that the McDonnells were lined up like pigs at a trough scarfing up tens of thousands of dollars worth of gifts that were conveniently not disclosed as required by Virginia law.  Combined with Cuccinelli's office assisting a big campaign donor in private, civil litigation, the picture is one of widespread corruption at the highest levels of Virginia government.  Here are highlights from the Post story:

Federal authorities are asking Virginia Gov. Robert F. McDonnell’s associates about previously undisclosed gifts given by a campaign donor to McDonnell’s wife that total tens of thousands of dollars and include money and expensive designer clothing, according to people familiar with the inquiry.

The questions are part of broad federal and state investigations into gifts to the governor and his family and whether McDonnell (R) took official action on behalf of anyone who gave gifts, people with knowledge of the investigation have said.

But the people with knowledge of the inquiry, who spoke on the condition of anonymity because of the sensitive nature of the investigation, say the scope is wider than just the wedding gift. The value and nature of additional gifts from Williams, including money provided in several checks, suggest that authorities are exploring a more extensive relationship between Williams and the McDonnells than previously revealed.

Additionally, famed Virginia socialite Patricia Kluge, who was one of the state’s wealthiest women before a dramatic and public crash during the recession, has been subpoenaed to appear before a grand jury to answer questions related to the McDonnells, according to people who are familiar with her summons.  It is not clear what testimony authorities will seek from Kluge, who owned a winery and vast estate near Charlottesville before losing both in the economic downturn.

As public scrutiny of his relationship with Williams has mounted, McDonnell has declined to provide a full accounting of other gifts Williams provided to members of the McDonnell family.
A local prosecutor in Richmond is conducting a parallel investigation to the federal probe to determine whether McDonnell complied with state law in his annual financial filings.

That investigation could explore whether the governor received enough benefit from gifts given to his wife — particularly loans or gifts of money — that he should have considered them gifts to himself as well.

Federal authorities are exploring whether McDonnell performed official acts to boost the company in exchange for gifts from Williams, people familiar with the inquiry have said.

It would seem that McDonnell's aspirations for national office are going to be toast.

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Why Was Cuccinelli's Office Was Representing Energy Companies Against Virginia Citizens?

It seems that more and more questions keep arising from the recently disclosed role that one of Ken Cuccinelli's staff attorneys in the Virginia Attorney General's Office was providing to energy companies being sued by southwestern Virginia landowners.   One thing that is clear, however, is that Cuccinelli has lied about his office's involvement.  Oh, and did I mention that one of the companies receiving unwarranted legal advice is the subsidiary of a corporation that gave $114,044.00 to Cuccinelli's gubernatorial campaign?  Cuccinelli is not only a right wing extremist, but he is also a liar and has no regard for ethics.  Money and power would seem to be his real gods despite his feigned religiosity which, in my view derives from him being a self-loathing closet case (I am still waiting for someone to provide sworn proof of the rumors I continue to hear).  The Washington Post provides more details on this very questionable involvement of the Attorney General's office and Cuccinelli's lying about it.  Here are excerpts:

THE CONDUCT of the Virginia attorney general’s office under Ken Cuccinelli (R) has raised eyebrows almost from the start of his tenure. There was the troubling investigation of a global warming researcher, the ideological attacks on abortion and gay rights, the belated recusal from a case in which Mr. Cuccinelli may have had a conflict of interest. Add now to the list criticism from a federal judge about the dubious role of the attorney general’s office in advising energy companies being sued by southwestern Virginia landowners. A footnote is the revelation that the parent company of one firm is a major contributor to Mr. Cuccinelli’s campaign for governor.

U.S. Magistrate Judge Pamela Meade Sargenttook aim at the relationship, revealed in a series of e-mails between an assistant attorney general who advises the Virginia Gas and Oil Board, Sharon Pigeon, and the two Pittsburgh-area companies, EQT Production Co. and CNX Gas Co., involved in a series of lawsuits over natural gas royalties. “Shockingly,” wrote the magistrate in a June 5 opinion recommending certification of the cases as a class-action suit, “these emails show that the Board, or at least Pigeon, has been actively involved in assisting EQT and CNX with the defense of these cases, including offering advice on and providing information for use on the Motions before the court.” At stake in the case, according to the Associated Press, are tens of millions of dollars that attorneys for the plaintiffs say are owed to thousands of landowners for extraction of methane gas from underground coal beds.

The state is not a defendant in the case and, according to a statement from the attorney general’s office, intervened for the limited purpose of defending the constitutionality of Virginia’s gas and oil law: “Our office’s role is not to provide advice to any private party in this case.” After the Bristol Herald Courier published the e-mails that seemingly showed legal advice being offered (one subject line read “Confidential Joint Defense Atty Work Product”), the attorney general’s statement was amended to acknowledge that the “emails may have come across as a bit overzealous.”  


Don Barrett, lead attorney for the plaintiffs, told us that issues about the constitutionality of Virginia law were long ago settled and that another attorney representing the state, not Ms. Pigeon, was involved. He branded as “nonsense” any notion Ms. Pigeon cooperated with both sides, noting the e-mails were obtained by subpoena. “I’m not involved in Virginia politics, he said, “(it’s) not my business and I don’t know Mr. Cuccinelli or [Democratic candidate for governor Terry) McAuliffe . . . but we have been outraged that the state of Virginia chose to get in bed with companies trying to cheat these people.”

“Shockingly” was the word employed by the judge. But, given Mr. Cuccinelli’s track record in office, it was not entirely unexpected.

Cuccinelli is a dangerous menace and MUST be defeated in November.

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Virginia State Senator Wants Cuccinelli's Office Investigated - Or, Follow the Money

Governor Bob "Taliban Bob" McDonnell has gotten himself into a good deal of political trouble by accepting large sums of money from political supporters.  Now, it appears that Ken "Kookinelli" Cuccinelli, the GOP's 2013 gubernatorial candidate may suffer from similar tendencies.  How else to explain an attorney in Cuccinelli's office assisting corporate litigants who - surprise, surprise - gave $100,000 to Kookinelli's campaign.  State Senator Phillip Puckett is from a Southwestern Virginia district where a lawyer from Cuccinelli's office was assisting two companies being sued by landowners for gas royalties.  He wants answers.  So should every Virginia voter and citizen.  Here are excerpts from a Virginian Pilot piece that looks at Puckett's call for an investigation:

A state senator said Monday he is seeking an investigation into the role of the Attorney General's Office in a natural gas lawsuit after a federal judge wrote she was shocked a lawyer from that office was assisting two companies being sued by landowners for gas royalties.

Sen. Phillip Puckett is a Democrat whose southwestern district encompasses landowners who are suing the companies. He said he is asking the Inspector General's Office to investigate whether the Attorney General's Office had violated any laws or ethics rules.

Puckett noted that one of the companies, CNX Gas Co., is owned by Consul Energy Inc., which had donated $100,000 to the Republican gubernatorial campaign of Attorney General Ken Cuccinelli.

"The attorney general of Virginia or any elected officer of the state, including me, should be doing the right thing for the people that we serve and not be on the side of someone else just because of campaign contributions or any other reasons," Puckett said in a conference call.

In an opinion issued last week, U.S. Magistrate Judge Pamela Meade Sargent cited emails between an assistant attorney general and EQT Production Co. and CNX, Pittsburgh-area energy companies. The attorney, Sharon Pigeon, advises the Virginia Gas and Oil Board.

Sargent wrote: "Shockingly, these emails show that the board, or at least Pigeon, has been actively involved in assisting EQT and CNX with the defense of these cases, including offering advice on and providing information for use on the motions before the court."

EQT has declined to comment on Sargent's written comments, while CNX has not responded to telephone messages and emails.

When first out of law school I worked with a large law firm and worked on oil and gas lease litigation matters.  I also frequently appeared before the state oil and gas board.  Let's be clear: these lawsuits are private civil litigation matters and the AG's office and the State Oil and Gas Board should have no role in them other than to provide copies of public records to parties if requested to do so.  "Offering advice on and providing information on the motions before the court" far exceed these duties.   Cuccinelli has time and time again shown that he sees himself as above the law, above the Supreme Court and above Congress.  Taking a $100,000 payment in exchange for help for the AG's office to the donor(s) would be only too much in keeping with his level of arrogance.

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