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Coburn Denies That He Urged Ensign To Pay "Restitution" For Affair
We just told you about Doug Hampton's allegation that Sen. Tom Coburn urged his friend Sen. John Ensign to pay "restitution" money to the Hamptons on account of Ensign's affair with Hampton's wife. And now Coburn is denying the claim.
Roll Call reports:
Coburn repeatedly denied allegations that he urged Ensign to pay Doug Hampton, the husband of his mistress Cynthia, millions in hush money following a confrontation with Hampton. "I categorically deny everything he said," Coburn said.
Coburn also said he won't reveal -- even as part of a Senate ethics probe or legal proceeding -- what he told Ensign during the now-famous February 2008 confrontation over the affair, because he was acting in his capacity as a doctor and a deacon.
Said Coburn:
I was counseling him as a physician and as an ordained deacon. ... That is privileged communication that I will never reveal to anybody. Not to the Ethics Committee, not to a court of law, not to anybody.
When asked how he got involved, Coburn said: "Ya'll don't know about all the people I've counseled."

















Couple of problems with these claims:
1. Deacons are not clergy, but elected lay members of a congregation. The "priest-penitent" privilege (and all privileges generally) is to be read narrowly, and generally only applies to the ordained or those who perform the role of the ordained. Otherwise, every regular church goer could claim the privilege.
2. For a religious counseling privilege to be applicable, it would have to be shown Ensign sought Coburn out as a spiritual advisor/member of clergy, not a friend or colleague in the Senate or any other role. There's no basis for that here.
3. For a physician privilege to apply, similarly, the statement would have to be related to seeking medical treatment, not just talking things out.
4. In both cases, the privilege relates to what Ensign said, not the member of clergy or physician (except to the extent that response would somehow reveal the confidential information)
5. The communications by Ensign have to be shown to be confidential - not applicable in the presence of a third party like the husband, and Ensign's own admission of involvement with the woman and having spoken to Coburn.
6. It sure sounds like Coburn was advocating that Ensign provide hush-money to the family, which in turn could be seen as advocating a crime/aiding Ensign in a scheme to deprive Nevadans of fair services (since the episode is arguably relevant to Ensign's conduct every bit as much as Bill/Monica and a payoff was specifically designed to shut the family up). Someone like, say, Ken Starr might argue that made the communications exempt from privilege under the crime/fraud exemption.
I could go on, but its just another example of how Coburn is awfully ignorant of the law for someone charged with enacting them.
July 9, 2009 2:29 PM | Reply | Permalink
I doubt it's ignorance and more he thinks he can lie and get away with it. After all, for the past 8 years that's what they did. Lied and got away with it.
I hope this story has legs.
July 9, 2009 2:37 PM | Reply | Permalink
Not that I disagree with the spirit of your comments, but for the sake of accuracy: regarding your first point, in some Christian sects a deacon is an ordained position.
Also, some courts hold that the role of counselor can be widely construed to include anyone who is viewed by the communicants as a spiritual advisor whether that advisor holds an ecclesiastic role or not (for example, nuns are not ordained, but are usually exempt from coerced testimony).
July 9, 2009 2:51 PM | Reply | Permalink
So does my spiritual palm reader and vedic astrologer get the same sort of treatment under the law. Something tells me the area gets quite murky when leaving religion as the crutch that spiritual advisors hang on. I mean hell if I am rastafarian and I use ganja while reading the bible something tells me the police really won't care.
July 9, 2009 2:57 PM | Reply | Permalink
And if it isn't an ordained position now, it will be one by the time Congress calls for a hearing on Ensign.
July 9, 2009 3:25 PM | Reply | Permalink
I'd be pretty surprised if Coburn is ordained. Beyond that, you suggest I narrowed the scope of the privilege based on title, but my point was that the role of the person controls - nuns, to use your example, are dedicated to a spiritual life, do take vows, and provide spiritual advice as part of their calling. Acolytes, on the other hand, play a role in the church, but no one would see them as spiritual mentor. Likewise, a buddhist monk who provides counsel and spiritual insight might qualify, but your "deeply spiritual" yoga instructor won't barring extraordinary circumstance.
My broader point was Coburn slaps a label on himself and claims he doesn't have to answer - that's a non-starter. Then again, I'm personally upset that in most states an online ordained minister does get the privilege but a licensed clinical social worker or even a non-medical therapist doesn't.
July 9, 2009 5:33 PM | Reply | Permalink
Your law school evidence professor would be proud.
July 9, 2009 2:51 PM | Reply | Permalink
In addition, a physician is required to maintain medical records on all patients. If Coburn doesn't have a file on Ensign, the privilege claim seems bogus.
July 9, 2009 4:53 PM | Reply | Permalink
#6 is the big one. Conspiracy to commit a crime kills the privilege. My wife and I have a privilege in our communications, as do I with my clients as I am an attorney. But if our communication is "hey, why don't we bribe someone not to disclose x" that is most likely not a privileged communication.
July 9, 2009 6:05 PM | Reply | Permalink
As to doctor-patient privilege, the Federal Rules of Evidence don't recognize such a thing. In Oklahoma, like in most states, the privilege is limited to confidential communications made as part of diagnosis and treatment. Perhaps Ensign has contracted some sort of disease, and Dr. Coburn is treating him?
The common law "priest-penitent" privilege, as you point out, is narrow. But I'd love to hear it argued. Imagine, Pentacostal Ensign confessing to First Baptist "deacon" Coburn.
Finally, as long a Coburn is indulging flights of fancy, he could claim he was secretly "married" to Ensign at the time of the communication, and therefore protected under the marital communications privilege.
July 10, 2009 7:50 AM | Reply | Permalink
I want to know, who else did Ensign tell? The Las Vegas Sun apparently mentioned "Coburn and OTHERS." I want to know who those others are. Does anyone know who else dormed with them?
July 9, 2009 2:34 PM | Reply | Permalink
Hmmmm, do I smell another resignation coming down the Pike???
These people are just blatant criminals. This is a real problem for the thugs
July 9, 2009 2:36 PM | Reply | Permalink
Ha! Coburn giving Ensign advice in his capacity as a doctor can only mean one thing: the lady gave the Senator the clap!
July 9, 2009 2:38 PM | Reply | Permalink
Please god take these two out.
July 9, 2009 2:41 PM | Reply | Permalink
This might have been a non-story, but Coburn just elevated it, with his lies of pastoral counseling. Now everyone will pick it up! It's never the crime, it's the cover-up!
July 9, 2009 2:49 PM | Reply | Permalink
A DEACON? SINCE WHEN ARE THEY PRIVILAGED?
July 9, 2009 2:53 PM | Reply | Permalink
Beat me to it. I was going to say that deacon a lay position with no official standing.
July 9, 2009 3:09 PM | Reply | Permalink
See above.
July 9, 2009 3:54 PM | Reply | Permalink
If that flimsy defense passes muster, I predict a large proportion of our elected officials becoming 'ordained' as church deacons.
July 9, 2009 3:03 PM | Reply | Permalink
Ordinations!!! Get your red hot ordinations right here, brothahs and sistahs!!! They'll cure what ails yah!!!
July 9, 2009 4:19 PM | Reply | Permalink
Now where could I have left that Universal Life Church ordination certificate I bought for a buck back in the early 70's?
July 10, 2009 12:26 AM | Reply | Permalink
These right-wing fascists always try to throw a Bible in your face when you ask them what kind of damned crooks they think they are. I wish this would put Coburn in trouble too for aiding and abetting but the people he represents are as dumb and gullible as ever and will think all the more of him for doing "God's Work" with his scumbag friend from Nevada.
WWJD? He would pay off the husband to shut him up! You liberal pagans just wouldn't understand true morality if your mistress bit you in the ass!
July 9, 2009 3:07 PM | Reply | Permalink
Restitution for prostitution. What a solution.
July 9, 2009 3:09 PM | Reply | Permalink
Doesn't the restitution make the Cindy/John action prostitution?
July 9, 2009 3:55 PM | Reply | Permalink
Silly. The fact that they're all devout Christians makes it all OK.
"indecent Proposal" + Jeebus = Profit!
July 9, 2009 3:59 PM | Reply | Permalink
So, if I rent a hooker tonight and then scream out "Thank You Jesus!" at the climactic moment, I'm good? No burly guys from the vice squad offering me overnight accommodations at the local maison de la gendarmerie?
July 9, 2009 4:06 PM | Reply | Permalink
Not only is it perfectly legal .... but you can now quit paying taxes of any kind as you are a "priest" and your house is a "church".
The right wingers have really scored with keeping their bullshit all wrapped up in the Bible. We all end up paying EXTRA tax to offset the lost revenue from these houses of God/Politics that go tax exempt. How about we start taxing "churches" and spend the money on universal health care.
WWJD?
July 9, 2009 4:37 PM | Reply | Permalink
I want to know which Church holds the title to "C Street." Seems like a whole lotta adultery going on there, and counseling about adultery, and advising payoffs for adultery, and absolving each other of adultery.
Ensign broke TWO commandments: he committed adultery and he coveted his neighbor's wife.
And I suppose you could say Sanford broke a third by bearing false witness when he vowed to God that he would love and cherish his wife, for better or for worse, until death did them part.
And these yahoos, with straight faces, say that gay marriage is "against the Bible" AND will threaten THEIR marriages? Hypocrisy is not strong enough a word. Crass hypocrisy?
There's a difference between forgiveness and atonement, and I think Ensign, Sanford, and all the guys at C Street (Coburn?) need to figure it out right quick or stop defaming Jesus by calling themselves Christians.
July 9, 2009 7:34 PM | Reply | Permalink
Coburn stands behind such high ethical standards for his friends and fellow travelers, and such low standards for his office and Country.
July 9, 2009 3:10 PM | Reply | Permalink
Jesus wanted him to commit the affair to relieve the stress of the socialist-communist government he's living under.
July 9, 2009 3:13 PM | Reply | Permalink
I do not understand when this Republican worldview was born that they could simply decide to NOT be bound by law just because they don't wanna.
Now, I get the whole Bush/Cheney/Rove/Gonzo thing. Liars,cheaters and so on. But, just how did it develop as the default mind set? Really incredible. They don't even pretend to give a Sh%$^. Can normal, independent voters miss this insanity?
The Republican party hates entitlement programs and the people they help. But, how can they justify this when THEIR COLLECTIVE PARTY EXISTENCE IS JUST ONE BIG ENTITLEMENT PROGRAM?
July 9, 2009 3:29 PM | Reply | Permalink
As I said on another post the GOP has their base right where they want them "dumb and passionate." Of course this may be why they have been losing a bunch from the GOP corner but maybe that means Americans are wising up, or that they just don't like the GOP this week.
July 9, 2009 3:33 PM | Reply | Permalink
Ladies and Gentleman, I give you the New Leader of the Republican "Party";Sen.Coburn (R-of course) may represent the prototype for the perfect politician. As a doctor/deacon/senator, he need answer to no one but his "constituents"( contributors), the lord, and the hippocratic oath. (oops) Oh, and his conscience, of course....This guy's on to something big, you watch...
July 9, 2009 3:34 PM | Reply | Permalink
Yeah that is just what every American wants, another scandal involving a politician who can sit in front of the American people and take the 5th, or answer with "that is priviledged information between a DR/Deacon." We can just throw that whole transparency thing down the toilet. Let;s Sen Inhofe has some great acts to follow such as Reagan (Iran Contra), Dick Cheney, Alberto Gonzalez, etc.
July 9, 2009 3:55 PM | Reply | Permalink
I was counseling him as a physician...That is privileged communication that I will never reveal to anybody.
As Josh points out, Dr. Coburn was an ob/gyn, which means that the privileged party is Mrs. Hampton's vagina.
July 9, 2009 4:02 PM | Reply | Permalink
Coburn's Senate website says he belongs to this church: http://newcommunitychurch.com/pages.php?page=History
I don't see Coburn's listing as a deacon anywhere on the site either!
July 9, 2009 4:18 PM | Reply | Permalink
"I was counseling him as a physician and as an ordained deacon." - Sen. Coburn
How fortunate that, in his roles of politician, physician and deacon, that Coburn made sure only to counsel Ensign in the 2 areas that he could claim professional confidentiality. Truly these politicians have vast contempt for the public, based on how stupid they think we are.
July 9, 2009 6:44 PM | Reply | Permalink
Ensign appears to be a vagina so Coburn's pribvilege claim may hold up. It surely would if Gonzo were still AG.
July 9, 2009 9:17 PM | Reply | Permalink
tbhull, the vagina is a sacred and wonderful work of mother nature. Please don't defame it by associating with these nitwits. Worship the vagina, imprison the lawbreakers.
July 11, 2009 11:21 AM | Reply | Permalink