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Pelosi and Cunningham Prosecutors Strike Deal on Docs
House Democrats and federal prosecutors have struck what seems like a historic deal to turn over congressional documents related to the Duke Cunningham investigation.
The prosecutors from California's Southern District have been chasing the documents, from the House Committees on Appropriations, Armed Services and Intelligence, since last May. After originally requesting the documents, prosecutors finally served a subpoena for them in December after negotiations apparently broke down.
The investigation resulted in two major indictments two weeks ago, against contractor Brent Wilkes and former CIA executive director Dusty Foggo, and is ongoing. As The Hill detailed, the indictment against Wilkes indicated that other lawmakers seem to be in prosecutors' sights.
According to a statement from House Speaker Nancy Pelosi's (D-CA) office outlining the deal, prosecutors have withdrawn their subpoenas. In exchange, House Democrats have started handing over documents (whether it's everything prosecutors asked for is unclear) and will not assert that the material is Constitutionally privileged under the Speech and Debate Clause, as Democrats had reportedly been considering. In addition, two Republican congressional staffers will be testifying to the grand jury in California on Thursday.
The full statement from Pelosi's office is below.
The full statement from Pelosi's spokesman Brendan Daly:
“The House Committees on Appropriations, Armed Services and Intelligence, and the Department of Justice, have reached agreements that respond to the efforts of the Office of the U.S. Attorney for the Southern District of California to obtain documents and testimony from the House in connection with the U.S. Attorney's criminal investigation into activities related to former Congressman Randy ‘Duke’ Cunningham.“The agreements permit the committees to cooperate with the investigation in a manner that respects the constitutional prerogatives of the House and does not impair the committees’ functioning or compromise their legislative and oversight responsibilities.
“Under the agreements, the five outstanding subpoenas – one to each of the three committees for documents, one to a current committee staffer for testimony, and one to a former committee staffer for testimony – have been withdrawn. The committees have agreed to voluntarily provide the Department with copies of some documents immediately (which has already happened), and to voluntarily provide the Department with access to other documents over the next several weeks. In addition, the current and former committee staffers will voluntarily testify before the grand jury on Thursday, March 1st. Finally, because all the information being provided to the U.S. Attorney is privileged under the Speech or Debate Clause of the Constitution, the committees have agreed to decline to assert the privilege with respect to that information.
“The Speaker was aware of the negotiations, which began nearly one year ago. However, all decisions were made by the committees themselves. The current committee chairmen took the same cooperative approach toward the Office of the U.S. Attorney as did the committee chairmen in the last Congress. The Speaker is pleased that the two branches of government have been able to work together to reach an acceptable compromise that respects the legitimate needs of each branch.”

Comments (10)
PKDU wrote on February 27, 2007 7:40 PM:Paging "Jerry Lewis"...
libra wrote on February 27, 2007 7:48 PM:Given that it'll be a different prosecutor now (not Lam), I'd photocopy every piece of paper I handed over,just in case it gets lost (accidentally on purpose)
global citizen wrote on February 27, 2007 7:49 PM:Given that Carol Lam has been replaced I would keep a copy of anything that is turned over.
daCascadian wrote on February 27, 2007 8:00 PM:Minimum of two copies of everything.
Republicans office holders are not to be trusted under any circumstances nor are any of their flunkies.
"Republicans want to save face. Democrats want to save lives." - egregious-firedoglake.com
Richard L. Adlof wrote on February 27, 2007 9:43 PM:You all realize that the issue is that the 209th Congress (Republican controlled) stalled the service of supoenas and ground/shredded everything they could on the way out the door . . . When the 210th Congress (Democratic controlled) got seated they were served before their butts warmed their chairs . . . Leaving the 210th unable to produce and therefore liable for failure to produce on the 209th's malfeasance.
Beats all hell outta pretending that someone stole the keys off your keyboards, huh?
Extradite Rumsfeld wrote on February 28, 2007 1:51 AM:Exactly what I was thinking Libra.
I keep recalling the meme in 2004, that Kerry lost because people didn't trust Democrats to fight on principle.
The people apparently were willing to give the Democrats another chance in 2006. And the Dems are absolutely FAILING to deliver. They had a good start with some symbolic bills in the "first 100 hours" - even knowing they'd be vetoed. (that's what fighting on principle means - you stand your ground even if you know you're going to lose - because you stand to gain more by standing your ground, than by craven calculation and triangulation).
There's a lot of anger and resentment building. The Democrats better point their boards towards shore and paddle like hell. Or they're going to miss that wave.
Al in Austex wrote on February 28, 2007 6:11 AM:Hey Extradite ,,
Patrick Peace wrote on February 28, 2007 12:47 PM:"Its always darkest before the Dawn," Give the Democratic Party a little space to respond. And also give the Moderate Republicans a chance to cut deals with the Procesutors- we did not get into this mess overnight.
Also there is a bunch of other "stuff " going on re Joint Chief Pace saying no way in Hell do we go to Iran next-The Foggy Bottom Crowd is nearly in open Revolt against the Neo Thugs..
Extradit ..take a deep breath , and watch the Fun as it unfolds .( Meanwhile just in case-- I am oiling & cleaning all my toys down here in Central Texas )
Give the Dems a little time, they only took
there seats in Jan.
Six years of lies and corruption! Can you imagine
all that has to be sorted thru? Think about it?
Absolutely no oversight, whatsoever!
I'm amazed that anyone would even consider voting
for any Republican candidate for anything.
Sinclair Lewis was right...
workaday joe wrote on February 28, 2007 12:56 PM:"Fascism will be wearing a flag and carrying a cross." Sounds very much like the Republican Party
to me.
Don't assume the Dems are entirely blameless in all of this. That kind of herd mentality is what sunk the Repub juggernaut. Last time I checked, K-street is still there and the Dems need to raise tons of cash for re-election.
Agjobs wrote on February 28, 2007 1:03 PM:Well it's about time. All it took was an election. Maybe there is hope for Constitution after all. Now if we can just keep the prosecutors from being gutted by these crooks we might just find something we lost for the last 6 years. I think it is called "TRUTH".