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Feds May Seize Congressman’s Home
Congressman Randy "Duke" Cunningham is a member of the House intelligence committee and the appropriations sub-committee that controls defense spending. US prosecutors have filed a lawsuit to take his home because they claim it was bought with money obtained through bribery. The congressman has decided not to seek a ninth term. His unwillingness to resign, however, hampers the Republican Party’s efforts to put a fresh face in place before the election next year, but the ugly part of this is the government’s secrecy.
Congressman Cunningham has not been tried, and he has not been found guilty of any wrongdoing. The presumption of innocence is sacred. Moreover, it is difficult for his lawyers to tell his side of the story since the lawsuit is sealed. One of his legal team, Mark Holscher wrote to the court, "How are we supposed to answer the civil complaint if we cannot see it?" Indeed. It offends one’s sense of fair play. In court documents, they added:
No federal court has ever authorized the government to cloud title to real property based on secret civil forfeiture allegations that are not disclosed to the people who hold lawful title to the property. The US Attorney's office seeks to freeze Cunningham's principal asset, without ever having to litigate the validity of the freeze, while endeavoring to construct a criminal case against Duke Cunningham
The government responds that it is trying to warn would-be buyers of the property that title is a problem. At the same time, giving out the details would hamper their prosecution of the congressman on criminal charges. Richard Barnett, a local expert on forfeiture law told the San Diego Union Tribune, “Obviously, they don't want that exposed at this point, while there's a grand jury investigation. They don't want Congressman Cunningham to know what they know.”
Public officials’ abuse of their office for personal gain is, frankly, treason-light. If the government proves its case against Congressman Cunningham, the 15 years he faces in the penitentiary might be considered lenient. Another legal expert, Henry Asbill, told the Washington Post “It is part and parcel of a disturbing trend to treat white-collar defendants like members of organized crime.” He was wrong. The disturbing trend is one away from civil liberties in general, such as the requirement that the state prove its case before handing out punishment, or suing in secret.
© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.
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