Trying To Nail The Hammer

House Majority Whip Tom DeLay is under legal attack from House Democrats, who have filed a civil racketeering lawsuit against the Texas Republican that accuses him of extortion and money laundering in order to rake in campaign contributions and duck federal disclosure requirements.

Sean Richardson of the CBS News Political Unit says the House Democrats' legal brief alleges DeLay, his agents, and/or others acting on his behalf established three organizations - U.S. Family Network, Republican Majority Issues Committee and Americans for Economic Growth - to raise and spend money for political attacks on Democrats without having to notify the Federal Elections Commission (FEC).

Rep. Patrick Kennedy, D-R.I., chair of the Democratic Congressional Campaign Committee (DCCC), said DeLay is "hammering contributors for money, threatening to punish those who decline and setting up a shadow party structure outside public view and our laws..."

The 20-page legal brief filed by the DCCC on Wednesday alleges a pattern of intimidation by the DeLay, the House Majority Whip, to force political action committees (PACs) to "sever the ties between PACs and other entities with interests before Congress and individuals and organizations that had supported or were themselves associated with the Democratic Party, including the DCCC."

Several of DeLay's aides greeted reporters arriving for the news conference where the suit was announced and handed them written statements accusing Democrats of "resorting to ugly, unfounded, politically motivated charges..."

Later, DeLay's office accused Kennedy and House Democratic leader Dick Gephardt of "political terrorism and personal destruction" and said DeLay deserves "a personal apology."

DeLay's press secretary, Emily Miller, said the suit demonstrates the Democrats' "desperation and willingness to go to any lengths to win seats in the November election. It is a sad and embarrasing day for the House of Representatives."

In their legal complaint and in response to reporters' questions on Wednesday, the House Democrats cited numerous newspaper and magazine articles, but said they had no independent proof of their claims. They said they hope to question DeLay's associates as the lawsuit proceeds.

The DCCC brief alleges DeLay's "practice of keeping a ledger of contributions" in which PACs are ranked as neutral, friendly or unfriendly. This list of the 400 largest PACs was shown to lobbyists when they were visiting Delay's office, where they were also required to initial the book next to the PAC's entry. The brief cites one unnamed lobbyist who states that it was "nothing more than a thinly veiled attempt at intimidation."

And the brief details an alleged scheme by Delay and the Republican House leadership to pressure the Electronic Industries Association into firing former congressman Dave McCurdy, an Oklahoma Democrat. During this tme, the DCCC claims that "Delay used his power as Majority Whip to block pending legislation advocated by EIA, while making it know, that the legislation had been stopped because of McCurdy's hiring."

Also included in the brief is a claim that DeLay, his agents, or others acting on his behalf, met privately with Bill Gates and offered to assist Microsoft legislatively in exchange for increased contributions to Republican candidates and organizations.

The DCCC is seeking triple damages, costs and attorney's fees, which will be determined through discovery. The DCCC is also seeking an injunction against "continued racketeering activity by DeLay and his associates."

The suit, filed in U.S. District Court here, is the latest in a constant refrain of charge and counter-charge between the political parties over alleged violations of campaign fund-raising laws.

It serves as an election-season counter to a GOP effort to make a campaign issue of Vice President Al Gore's controversial fund-raising activities in the 1996 election. At the same time, beginning with the departure of former Speaker Newt Gingrich 16 months ago, Democrats have periodically tried to turn DeLay, a Texan whose nickname is "The Hammer," into a symbol of the GOP Congress they constantly accuse of arrogant extremism.

Ken Gross, a private lawyer and former general counsel at the Federal Election Commission, said, "it's a stretch to say you can apply the (anti-rackeeting laws) to political fund-raising and make it stick."

He added, though, that if Democrats can win the right to subpoena documents, they could gain access to internal memoranda and "cause a lot of consternation" to DeLay.

But Fred Wertheimer of Democracy 21, a good government group, said DeLay's efforts to "secretly raise and spend unlimited soft money to influence House elections this year, in my view, are plainly illegal under campaign finance laws."

Wertheimer adds the House Democrats' lawsuit "represents an effort to shut down Majority Whip DeLay's illicit soft money congolmerate, and would thereby prevent extensive evasions of the federal campaign finance laws."

Named in the DCCC suit in addition to DeLay were Ed Buckham, his former chief of staff; Karl Gallant and Jim Ellis.

Gallant issued a statement labeling the suit "an attack by (Democratic) party hacks against independent issues groups, and therefore an attack on the First Amendment as well."

Kennedy asked the Justice Department a year ago to investigate whether the Republicans were violating campaign laws by raising funds for the Republican Majority Issues Committee. The complaint was eventually referred to the FEC, often a graveyard for such politically-charged disputes.