The Case Of The Purloined Tape

Despite her denials, an employee of George W. Bush's media consultant remains the focus of an FBI investigation into how a videotape of his debate preparations were sent to an Al Gore confidant, a federal law enforcement official said Friday.

The pace of the investigation is quickening, the official said. Initially, officials felt the investigation could take some time before there was any resolution. The FBI has now opened a full criminal probe in the matter under the supervision of their director.

Previously the bureau was conducting a preliminary inquiry and officials had thought it could take some time. Opening a full criminal investigation means agents and prosecutors are more confident of the evidence they have in hand, and are more confident that some federal statute has been violated and are closer to resolution.

In an interview with CBS News, Craig Crawford of The Hotline talked about what effect this issue is having on the Bush campaign. "It has exposed a rift among the high command of Bush campaign, once called the iron triangle, of three aides that ran the campaign. That iron triangle is on the verge of melting over this story."

At first, the Bush campaign was "trying to finger-point the Gore campaign and also complaining about the FBI investigation," said Crawfard. "They stopped doing that now and we see two different factions in the Bush campaign now blaming the other."

But Bush expressed confidence that none of his campaign aides were involved as the media consultant, Mark McKinnon, helped him prepare on Saturday for debate at his ranch outside Crawford, Texas.

“I'm confident that nobody who supports my candidacy would have mailed the tape,” Bush told reporters. “I look forward to finding out who it is.”

Asked if he would fire anyone if a theft were discovered, he said, “If I found somebody stealing from our campaign? Yeah, I sure would.”

McKinnon, interviewed by phone while driving back to Austin with chief Bush strategist Karl Rove, said he didn't believe his employee, Yvette Lozano, had anything to do with mailing the debate tape to an Al Gore confidant. “I'm just anxious to get this resolved,” McKinnon said.

Rove and several Bush advisers said they have full confidence in McKinnon, and claim there are no signs of finger pointing between advisers. The campaign has also defended Lozano, the focus of the FBI investigation.

The FBI is comparing Lozano's fingerprints with those found on the inside and outside of the package mailed from Austin, Texas, to Washington, the official said, speaking on condition of anonymity.
The label on the Express Mail package received by Gore adviser Tom Downey on Sept. 13 also corresponds to the date Lozano was filmed by a security camera mailing a package in the Austin post office, the official said. Downey turned the package over to th FBI.

Forensic evidence developed by the FBI links Lozano to the package, The Washington Post reported in Saturday editions, citing unnamed sources.

Lozano has denied mailing the debate materials. She and her boss, Bush media consultant Mark McKinnon, have said the package she mailed Sept. 11 contained Gap pants that she was returning to the company for exchange.

Bush spokesman Dan Bartlett said late Friday that the FBI has given the campaign no indication of forensic evidence linking Lozano to the package. “We have every reason to believe that what Ms. Lozano stated are the facts,” Bartlett said.

One federal investigator cautioned that fingerprints found on the package would not necessarily be conclusive since Lozano may have touched items in the normal course of business at the ad office and had nothing to do with sending the debate videotape and other documents.

FBI and Justice Department's criminal division's Public Integrity section are trying to decide whether the facts they have amount to a violation of federal law. The most likely statute, officials said, would be one that makes it a crime to steal something from a federally funded activity. The Bush campaign has accepted federal funding. But it isn't a federal crime unless the item stolen is worth more than $5,000 and that threshold could become a problem for federal investigators in pursuing the case, the official said.

Lozano could be prosecuted for making false statements to an FBI agent if the government decides or is prepared to show that her denials were false.

McKinnon's firm has been at the center of speculation in part because of his prior work for Democrats. The master copy of the Bush debate practice videotape was kept at his offices, as well as a briefing book, the contents of which were copied and sent to Downey with the tape.