-Caveat Lector-

<http://www.nytimes.com/2001/03/01/politics/01PARD.html?pagewanted=all>


March 1, 2001


A Clinton In-Law Helped Win Pair of Pardons, Despite Justice
Dept. Wishes

By MARC LACEY and DON VAN NATTA Jr.


WASHINGTON, Feb. 28 - Former President Bill Clinton's
brother-in-law Tony Rodham helped obtain a presidential pardon
for a Tennessee couple last March over the objections of the
Justice Department, Mr. Rodham and lawyers involved in the pardon
said today.

Mr. Clinton pardoned Edgar Allen Gregory Jr. and his wife, Vonna
Jo. The Gregorys, who live outside Nashville and own United Shows
of America, a carnival company based in Smyrna, Tenn., were
convicted of bank fraud in 1982 amid allegations that they had
used the assets of a bank they owned to give loans to friends.
They were placed on probation. The pardon frees them of the
consequences of a felony conviction.

The couple are also major campaign campaign contributors to both
Democrats and Republicans, and they contributed to the Senate
campaign of Hillary Rodham Clinton, Tony Rodham's sister.

In an interview tonight, Mr. Rodham acknowledged that he had
asked the president to pardon Mr. and Mrs. Gregory, but he said
he received no payment for his efforts. But Mr. Rodham does have
a financial tie to the Gregorys and has worked as a consultant
for Mr. Gregory for about seven years, helping him buy radio
stations and expand his carnival business.

In interviews tonight, neither Mr. Rodham nor Mr. Gregory would
disclose the terms of their financial relationship.

"I told him about Ed Gregory," Mr. Rodham said of his
conversation with Mr. Clinton, adding it was the only pardon
application he had mentioned to the president. "I didn't push. I
told the president about Ed Gregory and that he had applied for a
pardon. He's what the pardon process is all about."

Mr. Clinton pardoned the Gregorys on March 15, 2000. Although
this was months before the controversial batch of pardons he
approved on his last day in office, the clemency for the Gregorys
attracted criticism inside the Clinton administration because
lawyers at the Justice Department strongly opposed it.

Mr. Clinton's late flurry of pardons on Jan. 20 included two for
which Hugh Rodham, Tony Rodham's brother was paid $400,000, which
he later returned. They also included one for fugitive financier
Marc Rich.

The pardons have drawn criticism because they were approved at
the White House, without substantial involvement by the Justice
Department and sometimes over the objections of government
lawyers.

House and Senate committees, as well as federal prosecutors in
New York, are investigating the scores of pardons and
commutations that Mr. Clinton granted on his final day in the
White House. As part of that review, investigators are also
looking at earlier grants of clemency in the Clinton presidency.

Asked about Mr. Clinton's pardons for the Gregorys, Julia Payne,
a spokeswoman for the former president, said tonight that they
were approved on the merits.

"The president has said many, many people advocated pardons
directly to him. But the president determines to grant or deny a
pardon based on the merits," Ms. Payne said.

Mr. Rodham is the third Clinton relative to be involved in pardon
decisions. His brother, was hired by two people who obtained
clemency in January. He returned nearly $400,000 in payments for
his work on two clemency applications. Mr. Clinton's half
brother, Roger, urged the president to pardon six people. Their
applications were rejected, former Clinton aides said.

Mr. Gregory said his and his wife's applications for pardons had
languished for nearly 18 months at the Justice Department. When
Mr. Clinton failed to grant them in December 1999, Mr. Gregory
said he asked Mr. Rodham for his help.

"The only thing I ever said to Tony Rodham about the pardon is,
`Tony, we've applied for the pardon, and if you can help us in
any way, we'd really appreciate it,' " Mr. Gregory said.

Several people involved in the pardon process said Mr. Rodham had
referred to his success in helping the Gregorys gain pardons in
persuading others that he had White House influence in pardon
decisions. Mr. Rodham denied this. Mr. Rodham did play an active
role in helping Mr. Gregory's company get the opportunity to
erect a carnival on the White House lawn in June 1998.

"I got a call from Tony that his sister was interested in having
an old-fashioned carnival outside the White House and putting
some rides up there, and he asked if we were interested," Mr.
Gregory said.

Former Clinton aides said that two carnival companies were
considered and that Mr. Gregory's company offered to donate more
services than the rival company.

The Justice Department's recommendation against pardons for the
Gregorys was based in part on the opposition of the United States
attorney who prosecuted the case and the sentencing judge,
officials said. The recommendation was a "no brainer," one
official said.

The negative recommendation was based on what the officials said
was the unwillingness of the Gregorys to accept the criminality
of their actions. An appeals court found that the couple ignored
warnings of bank regulators and caused the failure of two small
banks, disregarding the impact on other depositors.

The officials said the White House was told that the case was
among the most serious bank fraud case ever prosecuted in Alabama
and that pardoning the couple would diminish the seriousness of
their crimes.

In the case of the Gregorys, Mr. Clinton expressed a strong
desire to pardon the couple to officials at the Justice
Department, officials said today. White House aides pressed
Justice Department officials to grant the pardon, saying that
they had strong support from friends of Mr. Clinton in Florida
and Arkansas.

But Justice Department officials recommended the denial of both
pardons, on the grounds that the couple's crimes were too serious
to qualify them for presidential clemency, lawyers said. Still,
in a rare move, Mr. Clinton granted the pardons anyway.

"I can think of only two cases in the years that I was involved
in the pardon process that the Justice Department recommended
against and the White House granted it anyway," said Margaret
Love, who was the pardon lawyer from 1990 to 1997.

In an interview tonight, Mr. Gregory, 63, said that he had no
idea whether Mr. Rodham had played a role in his pardon. "Tony
Rodham is a friend of our family," he said. He repeatedly denied
paying Mr. Rodham for any help he may have given to obtain his or
his wife's pardon.

"Absolutely not," he said of the assertion that a business
consulting contract may have been a way to pay Mr. Rodham for his
help obtaining the pardons.

Mr. Rodham called the notion that he had offered his services to
secure pardons "absurd."

Mr. Gregory said he known Mr. Clinton since he was governor of
Arkansas, but he added that he met Mr. Rodham in 1995 at a
Democratic Party fund-raiser at the Mayflower Hotel in
Washington. Mr. Gregory said he never mentioned the pardon
application to Mr. Clinton.

In late 1998, the Gregorys applied for a pardon through their
son, a lawyer in Colorado. Mr. Gregory said he grew concerned
about the application because his business rivals were raising
concerns that the felony convictions made the Gregorys ineligible
for a lucrative contract to run the Florida state fair.

Florida's agriculture commissioner, Bob Crawford, referred the
couple to the Miami law firm Greenberg Taurig for help with their
pardon applications, Mr. Gregory said.

At the same time, Mr. Gregory said, he had asked for help from
Mr. Rodham late in 1999 or early in 2000.

"I remember seeing Tony at a party and I said, `You know I was
sure hoping we'd get a pardon,' and I said, `If there is any way
you can help us, I'd appreciate it.' He said, `I don't really get
involved in that.' "

Mr. Gregory added: "I didn't want to push on the guy or say
anything more to him. I didn't want to push on the friendship or
anything."

One of Mr. Gregory's lawyers, Mark Schnapp, said today that the
pardon application was accepted on its merits because Mr.
Gregory's firm had contributed enormously to charity and needed
the pardon to continue to conduct business in Florida.

"To try to infer that anything done was improper here is a
horrible injustice," Mr. Schnapp said. "He went through the right
channels, through the Justice Department. To the extent that Tony
Rodham did anything, he did everything in my judgment that was
totally above board."

Another lawyer for Mr. Gregory, Howard Vine, said tonight that he
had raised the pardon application with two members of the White
House counsel's office, Bruce Lindsey and Beth Nolan but that the
questions were "procedural" in nature.

Mr. Rodham said he told Mr. Clinton that the Gregorys' pardon
applications had been filed through the Justice Department. He
said he argued that pardons for the couple made good sense.

"He is repentant for what he did," Mr. Rodham said of Mr.
Gregory. "It was a white-collar crime involving banking
irregularities. He's paid his taxes. He's run a respectful
business for 40 years. He's a good guy."

Mr. Rodham said the case was especially compelling because Mr.
Gregory's business was suffering because some states restricted
him from running state fairs because of his conviction.


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                      ~~~~~~~~~~~~~~~
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