Do I smell Coverup?

Numerous links referrenced in this posting
can be found at the web page.

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http://www.foxnews.com/story/0,2933,155808,00.html

Volcker Lawyer Asks U.N. to Block U.S. Subpoenas

Saturday, May 07, 2005


NEW YORK - The lawyer for the committee investigating the U.N. 
Oil-for-Food program has written a letter to the world body asking it to 
instruct a former investigator who resigned from the commission not to 
comply with two congressional subpoenas regarding the probe, sources 
told FOX News.

Paul Volcker (search), the man picked by U.N. Secretary-General Kofi 
Annan to lead the investigation, said on Friday the integrity of the 
probe into the Oil-for-Food program is at stake and lives may be in 
jeopardy if details of the investigation are leaked.

The letter to the U.N. and Volcker's public statements are in reaction 
to recent congressional efforts to subpoena a former senior investigator 
on the Independent Inquiry Committee who thinks the panel has been too 
soft on Annan in its investigation.

The former investigator, Robert Parton (search), has also provided 
Congress with documents from the probe. In his remarks on Friday, 
Volcker asked Congress to return those records, which may contain 
information potentially harmful to Annan, sources told FOX News.

Rep. Henry J. Hyde (search), R-Ill., however, refused to return the 
documents. Hyde, chairman of the House International Relations 
Committee, said he appreciated the gravity of Volcker's concerns, but 
that his committee is obligated to continue its own investigation.

"I consider Mr. Parton to be an honorable and courageous man who 
responded to a Congressional subpoena as any citizen must," Hyde said.

The evidence Parton provided to lawmakers includes audiotapes of 
interviews conducted with Annan, FOX News has learned. Sources had 
previously said that the evidence shows inconsistencies in the story 
Annan told investigators about his knowledge of his son Kojo's work for 
Cotecna, a company that won a lucrative Oil-for-Food contract.

Volcker said Friday that Congress has to restrain itself from requiring 
certain acts and information from current or former IIC members as it 
conducts hearings into Oil-for-Food (search).

"It is essential that it also protect the integrity and the 
confidentiality of the independent investigating committee," Volcker 
told reporters in New York, saying the probe involved "highly sensitive 
matters."

"Lives of certain witnesses are at stake," he added. "We're not playing 
games here, we are dealing, and let me just emphasize this, in some 
cases, with lives."

In a later question-and-answer session, Volcker did not elaborate too 
much on who may be threatened if too much information about who has 
cooperated is publicized, saying, "I couldn't tell you specifically who 
was threatening witnesses."

But he said: "We have had several amounts of cooperation from Iraq. You 
might understand there is concern from certain families . I do not limit 
that concern to Iraqis."

Rep. Chris Shays (search), R-Conn., chairman of the House Government 
Reform's Subcommittee on National Security, Emerging Threats and 
International Relations, issued a subpoena to Parton on Thursday. Parton 
on Wednesday night handed over documents relating to the investigation 
after he was issued a subpoena by another panel, the House International 
Relations Committee, on April 29.

"He [Parton] did decide to leave his work because he didn't agree with 
the findings of the report" released by the IIC in March, Shays told FOX 
News on Friday.

Parton and another IIC investigator, Miranda Duncan (search), left the 
panel headed by Paul Volcker (search) in mid-April. They accused the IIC 
of downplaying Annan's role in the scandal in an interim report released 
by the panel last March.

"The whole reason why the Volcker report was taking place was to bring 
confidence to the U.N. ... we would learn the good, the bad and the 
ugly. The bottom line is, we don't really have confidence in that 
report," Shays said.

Shays is requesting documents and other information relevant to the 
probe of the $64 billion program and has called on Parton to testify 
before his committee "to help augment the public record on matters too 
long shrouded in secrecy."

Volcker: Give Us Back Our Documents

Volcker, who is standing by his statement that the former IIC staffers 
should have diplomatic immunity, on Friday said three things should be done.

One, Parton could be released from his IIC confidentiality obligation 
limited to the specific purpose of giving a public statement about his 
views on the part of the report in question which deals with Annan. Two, 
the congressional committees should withdraw their subpoenas challenging 
immunities and privileges "inherent" in the United Nations and the IIC.

"Immunity's long accepted by all member nations of all international 
institutions, including the United States," Volcker said.

And third, IIC files that may contain confidential interviews and other 
information should be "promptly returned to the IIC, which is, in fact, 
the rightful owner."

"This is critical to the committee's work ... they [witnesses] have 
placed their trust in our confidentiality," Volcker added.

Shays said his panel tried to work with the IIC on ways, short of a 
subpoena, to evaluate the information Parton can provide about "key 
pieces of evidence regarding U.N. contracting." Neither the IIC nor the 
United Nations should stonewall the effort, he warned.

"I think Mr. Volcker ... should just let this gentleman speak to 
Congress," Shays told FOX News. "Mr. Volcker believes, basically, all 
the evidence was presented in the report. They just disagree on the 
conclusion of that evidence."

Click here to read Shays' letter to Volcker (pdf file).

A source close to Parton defended him and told FOX News on Friday: "Mr 
Parton is a professional and an honorable man who is acting reluctantly 
under compulsion of a congressional subpoena."

Lawmakers: Immunity Out

As senior investigative counsel, Parton was responsible for 
investigations into the procurement of companies under the Oil-for-Food 
program and he was the lead investigator on issues pertaining to 
allegations of impropriety relating to Kofi and Kojo Annan (search). 
Duncan worked on Parton's team.

Shays said immunity should be out of the question, since fighting over 
such "legalese" would not help restore confidence in the world body.

"We just want transparency, we're used to it in the United States. We 
have freedom of information, we don't have that in the U.N.," he said. 
"There will be no faith in the U.N. until all the facts are out ... 
everyone is cooperating, and people aren't cooperating."

Hyde has directed his own investigators to examine documents given to 
them by Parton this week.

"It is my hope and expectation that neither the United Nations nor the 
independent inquiry will attempt to sanction Mr. Parton for complying 
with a lawful subpoena," the Illinois Republican said.

The boxes handed over by Parton are believed to contain information 
damaging to the secretary-general because, as sources told FOX News, 
they describe inconsistencies in the story Annan told investigators 
about a conflict of interest involving Kojo Annan and Cotecna (search), 
the Swiss company that employed Kojo Annan and which won one of the most 
lucrative Oil-for-Food contracts.

Volcker wrote a letter to Parton's lawyer, Lanny Davis (search), on 
Thursday as well as to Shays, saying that turning over any 
investigation-related documents violated confidentiality agreements.

Click here to read Volcker's letter to Parton's lawyer (pdf file).

Click here to read Volcker's letter to Shays (pdf file).

"I do not have the feeling that the congressional committees ... are out 
to hamper our investigation," Volcker told reporters Friday. "They may 
do it inadvertently but that's not the purpose. I do think that as our 
investigation proceeds, there are people - and I'm not talking about 
committee chairmen - who would like to see us go away."

Legal Tangles

Davis had written to Volcker telling him that the House International 
Relations Committee instructed him and Parton to not tell the IIC or the 
United Nations about the subpoena issued on April 29 until Parton 
complied. That compliance occurred on Wednesday night.

Click here to read Davis' correspondence (pdf file).

Volcker responded in writing to Davis on Thursday, saying the IIC and 
U.N. did in fact answer Davis' questions but that the lawyer "chose to 
ignore" that direction, calling him "disingenuous."

On Friday, Volcker took another shot at Davis, saying that it's only 
alleged that Hyde's House International Relations Committee told Parton 
not to tell the U.N. or the IIC about the subpoena.

"Such instruction, with the threat of contempt of Congress, if in fact 
imposed, is unlawful," Volcker said.

Davis said in a statement that the dispute was one between Volcker, the 
United Nations and Congress.

"Let's be clear on two facts. Mr. Parton provided information to 
Congress only because it compelled him to do so by subpoena. And, 
despite his repeated requests for guidance made to the IIC and the U.N. 
over several days in the only manner consistent with Congress's 
instructions, the IIC and the UN never directed Mr. Parton to defy a 
Congressional subpoena," Davis said.

But Volcker said he spoke to Hyde on Friday afternoon and the chairman 
assured the IIC chief that neither he nor his staff instructed Parton or 
Davis to keep the subpoena a secret.

So far, Volcker's panel has released two interim reports that say the 
program suffered from mismanagement and raise questions about the role 
of Kojo Annan. A final report is expected to be released this summer.

FOX News' Liza Porteus, Jonathan Hunt and Per Carlson contributed to 
this report.




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