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Sunday, April 4, 2010 | 2 a.m.
In the federal penal code, it is known as “structuring.”
And it is a word Sen. John Ensign should remember because it is very likely to be on any indictment with his name on it.
That’s what I am told by a reliable source familiar with the deliberations occurring inside the Justice Department as federal authorities in Washington try to do with Ensign what they could not do with former Alaska Sen. Ted Stevens: Get their man. Or, because they had Stevens and then lost him because of misconduct, Justice wants to make sure if it goes to the next step with Ensign, the charges stick.
Structuring is a broad term that refers to the crime of creating financial transactions to evade reporting requirements — for example, a $96,000 payment to your mistress laundered through a trust controlled by your parents and calling it a “gift” instead of what it obviously was: a severance payment that had to be reported.
That the feds are looking at structuring as a possible crime will not surprise many old hands who have watched the sordid Ensign saga play out, morphing from a fairly grotesque he-slept-with-his-best-friend’s-wife-who-was-also-his-wife’s-best-friend story to a fantastically creepy tale of a senator trying to keep the cuckolded husband quiet by any means necessary, including, perhaps, structuring transactions with businesses in exchange for campaign contributions.
Maybe Ensign won’t be indicted. Maybe he will resign in exchange for not being indicted. Maybe he will serve out his term or even be re-elected. Would that be any more incredible than anything else we have seen?
Two former federal prosecutors in the past two weeks have said there is enough evidence to indict Ensign. “Just based on what the senator has said himself and what Mr. (Doug) Hampton has said … under the federal standard of probable cause, there’s enough to indict the senator now,” ex-prosecutor Stan Hunterton, a well-respected local attorney, said March 19 on “Face to Face.” Then, Thursday on the program, Melanie Sloan, the former federal prosecutor who now heads a D.C. watchdog group that has filed several complaints against Ensign, said, “I completely think” Hunterton is right.
The question is how Justice might, ahem, structure a deal with Ensign. It is clear from observers — and from those who know the thinking inside the Justice Department — that the Stevens debacle has cast a shadow over the Ensign case.
The department is being very deliberate in assembling a case against Ensign. But Justice has a mountain of documents and e-mails that, combined with the senator’s own admissions or statements in e-mails, would seem to amount to a formidable case. And last week’s New York Times story, showing how Ensign’s contacts with a local company (similar to several other interactions), show how far the senator was willing to go to get Hampton work, mostly while he was employed by ex-Ensign aides who had formed a lobbying/consulting firm. The structure, so to speak, is becoming more transparent all the time.
This drip-drip-drip of revelation seems to have left Ensign unfazed, like a man who is slowly drowning but believes he can rise above it — or, perhaps, deludes himself into thinking he can walk on water. But as Republicans here and in Washington play the pathetic see-no-evil, hear-no-evil, speak-no-evil game vis-a-vis Ensign, it is becoming more obvious that their craven behavior could be self-defeating.
If Ensign gets indicted, he will become a national and state nightmare for the GOP. National Democrats will brandish him as a symbol of corruption (they may anyhow) and local Democrats will wrap the junior senator around the GOP Senate nominee’s neck, especially because Sue Lowden and Danny Tarkanian foolishly have said they would welcome his support. I wouldn’t even be surprised to see Senate Majority Leader Harry Reid directly go after his pal to boost his sagging fortunes. I can hear it now: “Sorry, John. But now you know how Doug Hampton feels — how it feels to be screwed over by your best friend.”
Why are the national and state Republicans mute? Cowardice, perhaps? Or is it, as NBC political guru Chuck Todd tweeted Friday, repeating something he previously said on “Face to Face” a couple of weeks ago: “NV/DC GOPers desperate to wait for Gov. Gibbons to be out of office before pushing Ensign out but can they really (http://nyti.ms/91kElt)?”
The Web link in Todd’s tweet is to last week’s Times story, emphasizing the point that if the Republicans wait too long, their silence could be very costly. And if Ensign gets indicted and no prominent Republican has called for him to resign, there’s no way to structure that deal to the GOP’s benefit.
Senator Ensign should do the right thing and just resign, for the good of the country, like Sarah Palin and Newt Gingrich did.
Ensign is the spoiled rich kid, he won't resign until it is too late. He's got a talk radio station on the payroll to prop him up. He didn't care as the GOP lost 8 Senate seats under his command. He can only think: "Why wasn't I invited to the Voyeur and the Forty Deuce?"
He blames his fiddling around on his missing in action wife. Where is she? and Cindy Hampton? This must be getting costly? Maybe mommy and daddy will have to pitch in some more. Keep those junks of money coming, but in the right increments.
The time to resign was months ago.
I wonder if he will cop a plea where the feds drop the charges if he resigns?
Regardless, he is now hiding in his seat which should be occupied by a person working for Nevada and the country and not by someone spending his energy trying to stay out of jail.
This is what happens when you elect pretty and good looking people without substance. You get a John Ensign. Let us pray that the people of Nevada are smart enough to reelect pretty-as-dirt but pretty-darn-effective Harry Reid over the cavalcade of handsome and pretty Republican contenders. No wonder Sue Lowden is a former Miss New Jersey.
So I guess the next question is, can Gibbons appoint himself and get two more years from the taxpayers of Nevada? I can only imagine Jimbo back in D.C. where no one cares who he is.
Turrialba writes: "I wonder if he will cop a plea where the feds drop the charges if he resigns?"
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Hopefully the investigation will reveal more about some of the other playas in this disgraceful Ensign saga. Like who plotted and engineered the alleged $100,000 payoff to Doug Hampton's family?
Hampton claimed that Senator Tom Coburn (R-OK) was deeply involved but Coburn says that as an ordained Deacon and OBGYN, his advice to Senator Ensign is protected by his doctor/patient/deacon relationship!
When questioned about it by reporters, Doctor Senator Deacon Tom Coburn said he will never, ever testify under oath about his involvement in the Ensign affair and he assured them that he never, ever did anything illegal.
I guess we're just supposed to believe him.
It will be a great day for Nevada when the Feds indict and convict this cowardly womanizer. He is not man enough to admit that he has disgraced himself, his family and his office, and he should suffer the full consequences of his actions. The fact that he will not admit to illegally trying to buy off the wrath of the husband he cuckolded by trying to find him employment as a lobbyist with firms over which he holds influence is enough to prove what kind of character he possesses.
I hope that, contrary to the article, Sen. Reid does not throw Sen. Ensign under the bus for political gain. So far the two have held up their ends of a truce to not trash each other in public and to represent Nevada. I believe that shows something good about both men.
I do think an indictment will be handed down and eventually Sen. Ensign will be forced out of office. When that happens I hope Sen. Reid will continue to uphold his end of the bargain even if he has nothing to gain by doing so. Small details like that are a true measure of a mans character.
I truly feel the political landscape would be better served if more of our representatives would learn from their example.
Chandler_L,
I hate to agree, but I do. Today's politics seem too much like voting for High School class president. It's a job that means nothing and is nothing more than a beauty contest. Too many politicians nowadays are in fact former beauty contest winners (and yes, I include Sen. Scott Brown). They did nothing but stand around and looking "pretty" and maintaining their status of being "above the masses". Some people want it to be this way. I'm not one of them.
...twisting, slowly, slowly, in the wind ...
It truly must suck to be a Republican running for office this year. Any office. How could you possibly defend associating yourself with such a reprehensible band of nitwits, perverts, incompetants, separatists, white-collar criminals, "birther" baiters, and anti-working class dogmatists?
Barry Goldwater must be spinning in his grave.
The Ensign family should be in jail.
Ensign is corrupt and immoral
If he committed a crime he should be indicted not "allowed to resign". It is selective prosecution.
stevem.... Comment???
stevem...sgt. rock....please comment????
Reid shouldn't allow Ensign to remain in the Senate. It's just like the Blogovitch thing.Sometimes you shouldn't play politics when a crime is involved. It's doubtful Reid will lose his leadership position even if the Republicans keep Ensigns seat. That 60 supermajority stuff seemed like a ruse anyway to keep us wage slaves from having the Public option.
This was all so unnecessary. Since prostitution is legal in Nevada, he could have just paid her the $96,000 straight up for the sex. Then, she could have deducted most of it in "business expenses" and could have made at most a nominal tax payment. Maybe she could have depreciated her "assets." Just sayin, you know?
how come no interview with Ensign's parents? will they at least be subpoenaed? they bought into the situation with their $90K so their position would fill in parts of this story.
NOTE TO lr7660: It's just possible that Ensign's parents didn't do everything that their randy son claims. I think they should be called to testify. Is that legal? But, their testimony could reveal a lot.
This is not his first mistress, but the GOP managed to send one of them far, far away so she will not be able to testify either. But, I sure do wish she would come forward. This would be a better story than Monica Lewinsky. . .
Ensign should change his name to Kennedy and all would be forgiven.
JFK didn't need to pay off a middle aged women and Teddy did have to appear before a judge
All would be forgiven if he had two brothers who were assassinated. One who unfailingly supported the poor