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Baashi

It's about time to dig up dirt -- McCain is up first.

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Baashi   

The old soldier is under the microscope of the mighty New York Times.

 

Waryee Libaax smell the goods -- your boy is next I suppose. NYT is just warming up for the smelly dirt.

 

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A Hole in McCain’s Defense?

An apparent contradiction in his response to lobbyist story.

 

By Michael Isikoff

Newsweek Web Exclusive

Updated: 11:33 AM ET Feb 22, 2008

A sworn deposition that Sen. John McCain gave in a lawsuit more than five years ago appears to contradict one part of a sweeping denial that his campaign issued this week to rebut a New York Times story about his ties to a Washington lobbyist.

 

On Wednesday night the Times published a story suggesting that McCain might have done legislative favors for the clients of the lobbyist, Vicki Iseman, who worked for the firm of Alcalde & Fay. One example it cited were two letters McCain wrote in late 1999 demanding that the Federal Communications Commission act on a long-stalled bid by one of Iseman's clients, Florida-based Paxson Communications, to purchase a Pittsburgh television station.

 

Just hours after the Times's story was posted, the McCain campaign issued a point-by-point response that depicted the letters as routine correspondence handled by his staff—and insisted that McCain had never even spoken with anybody from Paxson or Alcalde & Fay about the matter. "No representative of Paxson or Alcalde & Fay personally asked Senator McCain to send a letter to the FCC," the campaign said in a statement e-mailed to reporters.

 

But that flat claim seems to be contradicted by an impeccable source: McCain himself. "I was contacted by Mr. Paxson on this issue," McCain said in the Sept. 25, 2002, deposition obtained by NEWSWEEK. "He wanted their approval very bad for purposes of his business. I believe that Mr. Paxson had a legitimate complaint."

 

While McCain said "I don't recall" if he ever directly spoke to the firm's lobbyist about the issue—an apparent reference to Iseman, though she is not named—"I'm sure I spoke to [Paxson]." McCain agreed that his letters on behalf of Paxson, a campaign contributor, could "possibly be an appearance of corruption"—even though McCain denied doing anything improper.

 

McCain's subsequent letters to the FCC—coming around the same time that Paxson's firm was flying the senator to campaign events aboard its corporate jet and contributing $20,000 to his campaign—first surfaced as an issue during his unsuccessful 2000 presidential bid. William Kennard, the FCC chair at the time, described the sharply worded letters from McCain, then chairman of the Senate Commerce Committee, as "highly unusual."

 

The issue erupted again this week when the New York Times reported that McCain's top campaign strategist at the time, John Weaver, was so concerned about what Iseman (who was representing Paxson) was saying about her access to McCain that he personally confronted her at a Washington restaurant and told her to stay away from the senator.

 

The McCain campaign has denounced the Times story as a "smear campaign" and harshly criticized the paper for publishing a report saying that anonymous aides worried there might have been an improper relationship between Iseman and McCain. McCain, who called the charges "not true," also told reporters Thursday in a news conference that he was unaware of any confrontation Weaver might have had with Iseman.

 

The deposition that McCain gave came in the course of a lawsuit challenging the constitutionality of his landmark campaign finance reform law, known as McCain-Feingold. The suit sheds no new light on the nature of the senator's dealings with Iseman, but it does include a lengthy discussion of his dealings with the company that hired her, including some statements by the senator that could raise additional questions for his campaign.

 

In the deposition, noted First Amendment lawyer Floyd Abrams (who was representing the lawsuit's lead plaintiff, Kentucky Sen. Mitch McConnell) grilled McCain about the four trips he took aboard Paxson's corporate jet to campaign events and the $20,000 in campaign contributions he had received from the company's executives during the period the firm was pressing him to intervene with federal regulators.

 

Asked at one point if Paxson's lobbyist (Abrams never mentions Iseman's name) had accompanied him on any of the trips he took aboard the Paxson corporate jet, McCain responded, "I do not recall." (McCain's campaign confirmed this week that Iseman did fly on one trip returning to Washington from a campaign fund-raiser in Florida.)

 

At another point Abrams asked McCain if, "looking back on the events with Mr. Paxson, the contributions, the jets, everything you and I have just talked about, do you believe that it would have been justified for a member of the public to say there is at least an appearance of corruption here?"

 

"Absolutely," McCain replied. "And when I took a thousand dollars or any other hard-money contribution from anybody who does business before the Congress of the United States, then that allegation is justified as well. Because the taint affects all of us." Elsewhere McCain said about his dealings with Paxson, "As I said before, I believe that there could possibly be an appearance of corruption because this system has tainted all of us."

 

Abrams's purpose at the time was not especially damaging to McCain. The lawyer's argument, which he later unsuccessfully made to the Supreme Court, was that the "appearance of corruption" was relatively commonplace in Washington and therefore too amorphous a standard to justify the intrusion on free speech that Congress made by passing a law that restricted big-money campaign donations and last-minute campaign advertising by outside groups.

 

In his deposition McCain got the opportunity to emphasize some of the same points his campaign made in 2000 and again this week about his letters to the FCC at Paxson's behest: that he never pressed the agency to rule in Paxson's favor, only to make a decision one way or another.

 

"My job as chairman of the committee, Mr. Abrams, is to see that bureaucracies do function," McCain said. "Bureaucracies are notorious for not functioning and not making decisions. I believe that Mr. Paxson had a legitimate complaint. Not about whether the commission acted favorably or unfavorably, but that the commission act."

 

But despite McCain's own somewhat detailed descriptions of his conversations with Paxson about the matter in the deposition, his campaign Thursday night stuck with its original statement that the senator never discussed the issue at all with the communications executive or his lobbyist.

 

"We do not think there is a contradiction here," campaign spokeswoman Ann Begeman e-mailed NEWSWEEK after being asked about the senator's sworn testimony five and a half years ago. "We do not have the transcript you excerpted and do not know the exact questions Senator McCain was asked, but it appears that Senator McCain, when speaking of being contacted by Paxson, was speaking in shorthand of his staff being contacted by representatives of Paxson. Senator McCain does not recall being asked directly by Paxson or any representative of him or by Alcalde & Fay to contact the FCC regarding the Pittsburgh license transaction.

 

"Senator McCain's staff recalls meeting with representatives of Paxson, and staff was asked to contact the FCC on behalf of Senator McCain," Begemen continued. "The staff relayed to Senator McCain the message from Paxson's representatives. But we have checked the records of the Senator's 1999 schedule and it does not appear there were any meetings between Senator McCain and Paxson or any representative of Paxson regarding the issue."

 

There appears to be no dispute that Paxson lobbyist Iseman did indeed contact McCain's top communications aide at the time about the Pittsburgh license issue. Mark Buse, who then served as McCain's chief of staff at the Commerce Committee and is now chief of staff in his Senate office, recalled to NEWSWEEK that Iseman came by his office, talked to him about the issue before the FCC, and left behind briefing material that he used to draft the letters under McCain's signature. He said there was nothing unusual about this. "That's Lobbying 101," Buse said. "You leave paper behind."

 

But the campaign's insistence that McCain himself never talked to Paxson about the issue seems hard to square with the contents of his testimony in the McCain-Feingold case.

 

Abrams, for example, at one point cited the somewhat technical contents of one of his letters to the FCC and then asked the witness, "where did you get information of that sort, Senator McCain?"

 

McCain replied: "I was briefed by my staff."

 

Abrams then followed up: "Do you know were they got the information?"

 

"No," McCain replied. "But I would add, I was contacted by Mr. Paxson on this issue."

 

"You were?"

 

"Yes."

 

Abrams then asked McCain: "Can you tell us what you said and what he said about it?"

 

McCain: "That he had applied to purchase this station and that he wanted to purchase it. And that there had been a numerous year delay with the FCC reaching a decision. And he wanted their approval very bad for purposes of his business. I said, 'I would be glad to write a letter asking them to act, but I will not write a letter, I cannot write a letter asking them to approve or deny, because then that would be an interference in their activities. I think everybody is entitled to a decision. But I can't ask for a favorable disposition for you'."

 

Abrams a few moments later asked: "Did you speak to the company's lobbyist about these matters?"

 

McCain: "I don't recall if it was Mr. Paxson or the company's lobbyist or both."

 

Abrams: "But you did speak to him?"

 

McCain: "I'm sure I spoke with him, yes."

 

NewsWeek

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Another angle to the story

NYTimes

Op-Ed Columnist

The McCain World Rift

By DAVID BROOKS

The staff of the McCain campaign had a rude awakening last Jan. 25th. They opened The Washington Post and found a front-page story linking McCain’s campaign manager, Rick Davis, to the Russian aluminum magnate Oleg Deripaska. Who, some wondered, was feeding damaging information about Davis to the press?

 

Speculation inevitably settled, as it must in McCain World, upon John Weaver. For nearly a decade, stories about the inner workings of the McCain apparatus inevitably involved the Weaver-Davis rivalry. These two McCain advisers share a mutual hatred, one McCainiac told me Thursday, that is total, absolute and blinding.

 

The tensions, which divided the McCain presidential campaign until Weaver was forced out last summer, exist on many levels. First of all, there is a personal contest for the attention and love of John McCain. But there are broader issues as well.

 

Davis is a creature of the political mainstream. He is even-tempered and charming. He is a lobbyist and a friend of lobbyists. He is a good manager. In policy terms, his tastes tend toward the Republican center.

 

Weaver is a renegade. He has a darker personality. He’s not a member of elite Washington circles and resented the way McCain would occasionally get pulled into them. Weaver is a less effective bureaucrat, but his policy instincts are more daring and independent.

 

The Davis-Weaver rivalry has lasted for so long because John McCain has a foot in each camp. McCain is, on one level, a figure of the Washington mainstream. He admires Alan Greenspan and Henry Kissinger. He appreciates a steady manager like Davis.

 

But McCain is also a renegade and a romantic. He loves tilting at the establishment and shaking things up. He loves books and movies in which the hero dies at the end while serving a noble, if lost, cause. He loves the insurgent/band-of-brothers ethos that Weaver exudes.

 

McCain was loyal to each camp in a house divided. But the poisons emanating from the rift have spread outward. They are the background for the article my colleagues at The New York Times published Thursday.

 

At the core of that article that began on the front page are two anonymous sources. These sources, according to the article, say they confronted McCain in 1999 with their concerns that he was risking his career by interacting with Vicki Iseman. As a columnist, I’m an independent operator, speaking for myself alone. I have no idea who those sources are. But they are bound to come from the inner circle of the McCain universe. The number of people who could credibly claim to have had a meeting like that with McCain in early 1999 is vanishingly small. I count a small handful of associates with that stature, including Davis and Weaver. There is nobody in that tight circle unaffected by the hostilities that emanate from the rift.

 

Thursday, as McCain was fervently and completely denying the allegations of an affair with Iseman, people in all quarters of the McCain universe were vehemently denying it, too. But even on this embattled day, they broke down into rival camps over the identity of the sources.

 

Many in the Davis camp argued Thursday that Weaver must be the chief anonymous source, and that he had roped in one other confederate. He’s had a hard life, they said, and is driven by demons.

 

Weaver countered by telling reporters that he retains enormous affection for McCain and desperately wants him to become president. Moreover, Weaver had been trying to get back into the fold. There is no way he would be an anonymous source against McCain. Some closer to Weaver theorized that the sources must be former McCain campaign elders from 2000 who worked for rival campaigns in 2008.

 

I checked that possibility out, and it doesn’t hold water. But while calling around to a dozen senior McCain friends and advisers Thursday, what struck me was the enormous tragedy of the rift. They all love McCain. They all say it is absurd to think he abused his power in the way that is alleged. But the rift is like some primal sore. It affected every conversation I had Thursday, as it has infected McCain efforts again and again over the past many years.

 

At his press conference Thursday, McCain went all-in. He didn’t just say he didn’t remember a meeting about Iseman. He said there was no meeting. If it turns out that there is evidence of an affair and a meeting, then his presidential hopes will be over. If no evidence surfaces, his campaign will go on and it will be clear that there were members of his old inner circle consumed by viciousness and mendaciousness.

 

But lingering over everything is the bitterness of the rift, which has caused duplicity and anger to seep into the campaign of this fine man. The poisons have yet to be drained.

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