In previous talks on the floor, I have had occasion to compare
this crime with a crime that was committed 20 years before. I
have done so because when you talk about what President Clinton
and Vice President Gore have allegedly done in terms of getting
foreign contributions, which are a violation of law, there is
really no precedent that we can go back to and compare with
someone else who was prosecuted.
In this case, the crime that was committed by Kenneth Bacon, and
perhaps more people with him, is a crime exactly like the crime
that was committed 20 years before by Chuck Colson.
Let's go back and see just what Chuck Colson did. This is what he
said and did, in his own words. This is going back to 1971:
“. . . I got hold of derogatory FBI reports about Ellsberg
and leaked them to the press.”
He said further, in 1976:
“I happily gave an inquiring reporter damaging information
compiled from secret personnel files.”
This is exactly the same thing that we now have a confession by
Kenneth Bacon that he did. He got hold of derogatory reports
about Linda Tripp. And then he happily gave them to an inquiring
reporter--the same thing.
So what happened to Colson? Colson was sentenced by U.S. District
Court Judge Gerhard Gesell to a prison term.
On April 7, 2000, in a deposition, Bacon said he provided the New
Yorker writer Jane Mayer with the Tripp information. In other
words, he admitted it. He admitted that. There is no question
about whether or not he committed this crime. There is no doubt
about it, no dispute about it.
Bacon said: “I am sorry that I did not check with our lawyers or
check with Linda Tripp's attorneys about this.”
Sorry? Sorry really didn't cut it for Chuck Colson. Chuck Colson
ended up in a Federal penitentiary. Colson committed the crime in
July 1971. He admitted his guilt and pleaded on June 3, 1974, and
was sentenced to the Federal penitentiary on June 21, 1974.
Bacon committed his crime in March of 1998. He admitted what he
had done in June of 1998. The Pentagon inspector general referred
the matter for criminal prosecution in July of 1998. So now 2
years later, in April, May, and June of 2000, the Clinton Justice
Department says it is going to take a pass, hoping nobody will
see or hear about this at this late date. After all, 2 full years
had transpired since the report was concluded.
So Colson went to jail and served time in prison. If there were
justice and equal application of the law, Bacon would go to jail
and serve time in prison.
Is this the first time the Clinton administration has been
involved in lawbreaking and corruption? Not hardly. It has almost
become a way of life--Travelgate, Filegate, Buddhist Temple
fundraisers, illegal foreign campaign contributions, the
compromise of high-technology nuclear secrets to the Chinese, not
to mention perjury and obstruction of justice. The list goes on
and on.
Why is this important? It is all about a concept. It is as basic
to America as the concept of going to church on Sunday. That
concept is: Equal application of the law.
Chuck Colson realized he did the wrong thing. Chuck Colson, in a
book that he wrote in 1976, called `Born Again,' stated:
“I happily gave an inquiring reporter damaging information
about Ellsberg's attorney, compiled from secret FBI dossiers.”
He said:
“. . . I pleaded guilty after being told by Watergate
prosecutor Leon Jaworski that my conviction would deter such a
thing from [ever] happening again.”
I suggest that it has happened again, and they are hoping no one
will notice.
I refer to an article that was written on June 12--a current
article--in the Weekly Standard by Jay Nordlinger. The question
is: `Why Didn't Bacon Get Fired?' That is the name of the
article. I will quote a few things from it. Jay Nordlinger wrote:
“It's just a small matter, in all the Clinton grossness, but it
counts. Linda Tripp was the victim of a dirty, and illegal,
trick. It was played on her by her own bosses at the Pentagon.
And now those men--Kenneth Bacon and Clifford Bernath--have
escaped with the wispiest slaps on the wrist. This is ho-hum for
the Clinton administration; but it is a reminder of how unlawful
and indecent this administration has been.”
Further in the article he talks about Joseph diGenova, who is a
former U.S. attorney with long experience in this area.
Quoting from the same article, diGenova is quoted as saying:
“The treatment of Bacon and Bernath suggests that the
Privacy Act will be enforceable only in civil lawsuits filed by
the victims. If there's no adverse action--not even a letter that
goes into somebody's file--there's no deterrence here. None
whatsoever.”
The article by Jay Nordlinger further states:
“The president and his men have a bit of history with the
Privacy Act. You perhaps remember Passportgate. Toward the end of
the 1992 presidential campaign, it was learned that political
appointees in the Bush State Department had rifled through
candidate Clinton's passport files and those of his mother.
Democrats demanded an independent-counsel investigation. They got
one--led by diGenova. One of the officials involved, Elizabeth
Tamposi, was dismissed. The acting secretary of state, Lawrence
Eagleburger, offered to resign over the matter. (President Bush
refused). Said Clinton, in his first press conference [after he
had been elected President of the United States], `If I catch
anybody doing [what the passport-file offenders did], I will fire
them the next day. You won't have to have an inquiry or rigmarole
or anything else.'”
“About a year later, Passportgate had something of a
reprise, this time featuring appointees in Clinton's own State
Department. A few of them got hold of Bush-administration
personnel
files and leaked them to Al Kamen of the Washington Post.”
Finally, I guess it begs the question: What can be done now? I
mentioned that the media, the mainstream media, has pretty much
ignored this. They like Kenneth Bacon. He was a member of the
media. They are not going to do anything about it, I have
decided.
Fortunately, the Washington Times has done something about it.
Fortunately, Fox News has done something about it.
One other thing can be done. When a new administration takes
office and a new Attorney General come in, the Bacon-Bernath
lawbreaking should be referred again for criminal prosecution. A
professional Justice Department–freed of corrupt partisan
influences–should prosecute this case and uphold the law.
Such a referral can easily be added to a list of such referrals
on other matters which are already being contemplated, as Rep.
Dan Burton mentioned yesterday. For example, these would include
criminal referrals related to:
Evidence that the President broke campaign finance laws, was
aware of illegal foreign contributions, and changed policies in
return for campaign contributions.
Evidence that the Vice President broke the law when he made
illegal fundraising phone calls from the White House.
Evidence that the Vice President committed a felony by lying
to FBI investigators about his knowledge of illegal fundraising
activities.
Evidence that Janet Reno committed obstruction of justice
when she refused to appoint an independent counsel
Now, add to this, evidence that Ken Bacon and Clifford
Bernath broke the law when violated the Privacy in the Linda
Tripp matter.
It is obvious if the next President of the United States happens
to be Al Gore, we will vert likely have the same type of Justice
Department. I don't think our forefathers ever anticipated, when
they were constructing these documents, our Constitution and our
statutes, that we would have someone in the President's office
who would use the Justice Department to protect his friends and
punish his enemies. I have come to the conclusion that if this
had been Frankie Vee who had done this, he would currently be
serving time in the Federal penitentiary.
EXHIBIT 1
DEPARTMENT OF DEFENSE,
Office of General Counsel,
Washington, DC, December 3, 1999.
Re Request for Representation of Clifford H. Bernath
in Tripp v. Executive Office of the President (D.D.C. No 99-2254).
Sylvia Kasar, Esq.,
U.S. Department of Justice,
Civil Division--Federal Programs Branch,
Washington, DC.
Dear Ms. Kasar: I am writing to request that the Department of
Justice authorize private counsel at federal expense for Mr.
Clifford H. Bernath in connection with the above-captioned
litigation, pursuant to 28 C.F.R. 5015.
We believe that this lawsuit concerns matters within this scope
of Mr. Bernath's employment at the Department of Defense. Based
on the information now available to us--which has also been made
available to your office--we believe that providing Mr. Bernath
with private counsel at federal expense is appropriate and in the
interest of the United States.
Thank you for your consideration of this matter.
Sincerely,
Brad Wiegnam.
(continued)
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
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