-Caveat Lector-

Subject: CAS: Time: Bush Aides Cry Foul Over Debate Tape Investigation

http://www.time.com/time/daily/0,2960,55690-101000923,00.html

Bush Aides Cry Foul Over Debate Tape Investigation

TIME
September 23, 2000

By ELAINE SHANNON

Bush campaign officials are accusing the Reno Justice Department
of blatant partisanship by leaking a story that FBI investigators
have focused on someone inside the Bush camp as a likely suspect
in the case of who mailed a sensitive Bush debate preparation
videotape and documents to the Gore campaign. Reacting furiously
to an Associated Press story that moved very early Saturday
morning, Bush Communications Director Karen Hughes told reporters
that campaign manager Joe Allbaugh has called FBI director Louis
Freeh to complain that "it is completely inappropriate and wrong
for the Justice Department to play politics by leaking
information in the midst of a presidential campaign."

Hughes said that FBI agents based in Austin had assured Allbaugh
that they had come to no conclusions about the identity of the
guilty party. She suggested that someone in the political ranks
of the Justice Department put out an erroneous story fingering
the Bush camp in order to deflect suspicion from Gore loyalists
who may somehow have purloined the tape and documents. "The only
people interested in helping Al Gore prepare for a debate are
people who support Al Gore, not people who support Governor
Bush," she said.

In Washington, FBI and Justice officials flatly denied the
assertion that, as AP put it, "FBI agents believe they know who
sent" the videotape and documents. AP's source, says one senior
investigator, "is someone who doesn't have a precise grasp of
what's going on."

In fact, officials familiar with the case say, the FBI
investigation is only in its preliminary stages and has not
progressed beyond the compilation of a short list of Bush
campaign officials who were authorized to have access to the
specific tape and documents that Gore advisor Tom Downey says
arrived unsolicited in his mail on Sept. 13. The list does not
include the larger universe of persons who may have had
unauthorized access to the campaign material in question � lower
level campaign aides, volunteers, couriers, employees at copying
or tape duplicating services, family and friends of campaign
officials and so forth. FBI officials say that until they conduct
a full field criminal investigation, they cannot compile a
complete roster of all those who could have been in a position to
filch the tape and papers, and, unless somebody blurts out a
confession, it will take much more work to winnow the evidence. A
full field investigation won't be launched until the Justice
Department's Public Integrity section greenlights it, based on a
conclusion that some federal criminal law may have been broken.
"We are the Federal Bureau of Investigation and we conduct
criminalinvestigations," as one veteran agent puts it. "Somebody
probably ought to investigate it. It's unethical, it's offensive
and there may be an FEC violation here. But is it a criminal
violation?"

Justice lawyers aren't sure. The call would be easy if there were
evidence of a black bag job or illegal bugging. Those are
slam-dunk felonies. Though Bush loyalists are peddling rumors of
a possible break-in at the campaign or an advertising agency,
they haven't presented the FBI with evidence that any such thing
happened. Agents have come up with no evidence to suggest the
tape that reached Downey was made by illegal clandestine
surveillance equipment.

So, for the moment, Justice lawyers are mulling whether there's a
potential violation of section 666 of Title 18 of the US criminal
code. This provision outlaws theft from programs receiving
federal funds. But it's a stretch to call a political campaign
that receives matching funds a "federal program." Besides,
Section 666 covers thefts of $5,000 or more.

In the meantime, the tape and papers received by Downey are
locked it away in the tightly secured evidence control room at
the FBI Washington field office at Fourth and G Streets Northwest
in downtown Washington. FBI agents in Washington and Austin have
been told to take a few logical first steps to nail down basic
information about what the tape and documents consist of, how
many copies exist, what equipment made the original and purloined
videotapes, and who had legitimate access to the stuff during the
normal course of the campaign. The list of names arising from
that process, says one official, "doesn't mean anything."



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