the best law money can buy -- Kansas energy Firm Saw Link between legislative Favor, Donations to Top Republicans

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: "Robert J. Berger" <rberger () ibd com>
Date: Fri, 06 Jun 2003 21:20:16 -0700
To: Dewayne Hendricks <dewayne () warpspeed com>, Dave Farber <dave () farber net>
Subject: Kansas energy Firm Saw Link between legislative Favor, Donations to
Top Republicans

Firm Saw Link in Favor, Donations
4 Republicans Deny Aiding Utility for Contributions
http://www.washingtonpost.com/wp-dyn/articles/A21913-2003Jun5.html?nav=hptop
_tb
By Thomas B. Edsall
Washington Post Staff Writer
Friday, June 6, 2003; Page A01

Executives of a Kansas-based energy company believed that $56,500 in
donations to political groups linked to four key Republican lawmakers last
year would prompt Congress to exempt their firm from a problematic federal
regulation, according to documents disclosed as part of a federal
investigation of the company.

One executive of Westar Energy Inc. told colleagues in an e-mail that "we
have a plan for participation to get a seat at the table" of a House-Senate
conference committee on the Bush administration's energy plan. The cost, he
wrote, would be $56,500 to campaign committees, including some associated
with House Majority Leader Tom DeLay (Tex.), Rep. Joe Barton (Tex.), Rep.
W.J. "Billy" Tauzin (La.) and Sen. Richard C. Shelby (Ala.).

The e-mail said Tauzin and Barton "made this request" for donations, and
Shelby "made a substantial request" for another candidate. It not specify a
direct request from DeLay.

Spokesmen for the four lawmakers said yesterday there was no connection
between Westar's donations and their involvement in the sharply debated
energy legislation. The exemption that Westar sought was inserted into the
legislation by Barton, but it was later withdrawn after a grand jury began
investigating the company for alleged wrongdoing, including securities
fraud.

The Westar officials involved in the e-mails have subsequently resigned,
taken leave or been fired. The Kansas City Star reported some details of the
Westar e-mails last month.

It is illegal for elected officials to promise legislative favors for
political donations, and the four lawmakers named in the e-mail say they
have abided by that law. A DeLay spokesman said, "When people contribute to
DeLay or causes he supports, they are supporting DeLay's agenda, we are not
supporting theirs."

The e-mails are among the exhibits in Westar's own inquiry into company
practices, led by former U.S. attorney Mary Jo White of New York. The
exhibits were posted on Westar's Web site. Westar spokesman James Ludwig
said the e-mails have been referred to Tim Jenkins, a lawyer specializing in
campaign finance law, to determine whether civil or criminal laws were
broken.

On May 20, 2002, Westar Vice President Douglas Lawrence sent an e-mail to
Douglas T. Lake, an executive vice president. It said in part: "We are
working on getting our grandfather provision on PUHCA repeal into the Senate
version of the energy bill. It requires working with the Conference
committee . . . . We have a plan for participation to get a seat at the
table, which has been approved by David, the total of the package will be
$31,500 in hard money (individual), and $25,000 in soft money (corporate)."

"David" is an apparent reference to David Wittig, then Westar's chief
executive. PUHCA is the Public Utility Holding Company Act. Hard and soft
money are forms of campaign donations.

"Right now, we have $11,500 in immediate needs for a group of candidates
associated with Tom DeLay, Billy Tauzin, Joe Barton and Senator Richard
Shelby," the e-mail said. It said DeLay's "agreement is necessary before the
House Conferees can push the language we have in place in the House bill."
Tauzin and Barton "are key House Conferees on our legislation. They have
made this request" for contributions to other Republican candidates "in lieu
of contributions made to their own campaigns."

Lawrence's e-mail called Shelby "the lead Republican on all Senate PUHCA
related matters. He is our anchor on the Senate side. He made a substantial
request of us for supporting" Tom Young, Shelby's chief of staff, who in
2002 was running for a House seat from Alabama.

DeLay spokesman Stuart Roy said yesterday that DeLay met with Westar
representatives last year. However, Roy said, "We have no control over any
fantasies they might have about what they might get for a campaign
contribution." The Westar amendment, he said, meshed with DeLay's long-held
free market, deregulatory philosophy.

Tauzin spokesman Ken Johnson said: "There was absolutely no express or
implied quid pro quo. . . . No one on our committee is going to risk going
to jail over a campaign contribution."

Shelby spokeswoman Andrea Lofye said, "Senator Shelby made no request for
campaign funds of Westar on behalf of Tom Young, nor did he ever support an
exemption from PUHCA for Westar."

Barton spokeswoman Samantha Jordan said the House member put the Westar
amendment into the energy legislation, but "absolutely and unequivocally"
there was "no quid pro quo whatsoever."

Another e-mail from Lawrence detailed the sums that 13 Westar officials were
to contribute to reach the $31,500 in individual, or "hard money,"
contributions. It said Wittig would give $9,450, Lake, $6,300, and Lawrence,
$945. The candidates selected for the "immediate needs" contributions
totaling $11,500 were Reps. John M. Shimkus (R-Ill.), Sam Graves (R-Mo.),
Anne M. Northup (R-Ky.), Shelly Moore Capito (R-W.Va.), DeLay and Young.

Westar gave a $25,000 in corporate "soft money" to a political committee
with strong ties to DeLay, Texans for a Republican Majority PAC.


--
Robert J. Berger - Internet Bandwidth Development, LLC.
Voice: 408-882-4755 eFax: +1-408-490-2868
http://www.ibd.com


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