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<http://washingtonpost.com/wp-srv/onpolitics/articles/pardons030101.htm#home
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Rich Aide Alluded to Pardon More Than a Year Ago

By James V. Grimaldi
Washington Post Staff Writer
Thursday, March 1, 2001; 12:01 PM

A top aide to Marc Rich alluded more than a year ago to seeking a
presidential pardon for the fugitive financier in correspondence
with Rich's attorneys, calling it "the unconventional approach
which has not yet been tried and which I have been proposing all
along," according to one of dozens of documents made public
today.

Attorneys for Rich have said that the earliest they began
discussing a pardon was last fall. But congressional
investigators believe they have found a reference to it in an
e-mail from Avner Azulay, director of the Rich Foundation in
Israel and the leading strategist for the pardon.

In February of last year, Azulay rejected the notion of Rich
surrendering to authorities in New York in exchange for the
dropping of racketeering charges in a 1983 indictment accusing
Rich of failing to pay $48 million in taxes and trading with Iran
while it held U.S. hostages.

"The present impasse leaves us with only one other option,"
Azulay said of the stalemate with the U.S. Justice Department and
the U.S. Attorney's office in Manhattan.

The e-mail appears among exhibits released today at the beginning
of the fourth congressional hearing on the controversial pardons
at the end of the Clinton administration. The House Government
Reform Committee opened the hearing at noon, with the first
scheduled witness Beth Dozoretz, a Democratic fund-raiser who
also pressed Clinton to pardon Rich and his business partner
Pincus "Pinky" Green. Dozoretz pledged to raise $1 million for
Clinton's library and helped secure a $450,000 donation from
Denise Rich, the ex-wife of Marc Rich.

While Dozoretz was prepared to assert her Fifth Amendment
privilege against self-incrimination, members of the panel
expected to hear Clinton's top three White House attorneys say
that they told the administration that the Rich pardon was a bad
idea. The witnesses include John Podesta, Clinton's chief of
staff, Beth Nolan, the White House counsel, and Bruce Lindsey, a
long-time aide to Clinton.

The committee, chaired by Rep. Dan Burton (R-Ind.), also has
obtained information regarding Podesta's personal attorney, Peter
Kadzik. Letters released by the committee today reveal that
Kadzik lobbied his own client on behalf of Rich, who has been
represented by other attorneys in his firm. Azulay's exchange
with Rich attorney Robert Fink occurs in February last year. Fink
wrote to Azulay that contacts with a prosecutor in New York and a
phone call with Deputy Attorney General Eric Holder did not
appear to be making any progress.

Fink reveals that New York prosecutors were willing to "drop the
RICO [racketeering] charge if we wanted, if Marc came in. They
would also agree in advance on bail, etc., so that he would not
be incarcerated pending trial (although he would have to
surrender his passport)." Fink also said that the prosecutors
said they would talk to lawyers and Rich's tax professors and "do
a full review before proceeding to a trial to make sure that upon
careful examination they stood on the strength of their case."

This e-mail appears to contradict the testimony and pardon
petition written by Jack Quinn, the former White House counsel in
the case. Quinn told the House Government Reform Committee last
month that the New York prosecutors were intransigent because of
"their unwillingness to sit down and meet with the tax professors
and review the case and try to come to a resolution of it, at any
time in the last decade or so."

Meanwhile, Podesta's opposition to the Rich pardon could come
under intense questioning. E-mails obtained by the committee
indicate that Podesta might have been passing along information
about the status of the Rich and Green pardon applications to his
attorney, Kadzik.

Kadzik, who also is set to testify, works at Dickstein, Shapiro,
Morin & Oshinsky, where Rich's longtime attorney Mike Green
works. Kadzik has told the committee that he was retained to work
on the Rich pardon and that he was involved in contacting his
client, Podesta.

The committee today released a letter dated Dec. 15 to Podesta
written by Kadzik. Kadzik refers to an earlier conversation and
supplies additional information on the pardon applications of
Rich, Green and James B. Coppinger, who was convicted of cocaine
distribution and conspiracy to distribute cocaine in Illinois in
1981. Coppinger's primary attorney also works at the Dickstein,
Shapiro firm, but Coppinger's pardon application is still pending
and was not granted by Clinton.

In a Jan. 16 e-mail between Rich's attorneys, Robert Fink wrote
Jack Quinn that Green called Fink after speaking with "Peter who
spoke with Podesta: It seems that while staff are not supportive,
they are not in veto mode, and that your efforts with POTUS
[president of the United States] are being felt. It sounds like
you are making headway and should keep at it as long as you can.
We are definitely still in the game."

Earlier in the month, on Jan. 2, Fink writes in an e-mail about
"Mike's friend," who is described as "the friend of the chief of
staff." The committee is expected to ask if the "friend" of
Podesta's is Kadzik.

"I learned from Mike Green today that our case is still pending
and is part of a large group that may be considered," Fink wrote
Jan. 2 to Rich and Quinn. "But his friend told him that we need a
rabbi among the people in the counsel's office (it seems Mike's
friend believes we do not have one yet)."

The next day, Fink wrote that "Mike's friend" said "we are still
in the mix and that there are more pardons to come."

"What Mike was clearly telling me was that no effort should be
spared this week to make sure we get consideration at the staff
level as well as the POTUS level," Fink wrote.


� 2001 The Associated Press


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