REGION: Cunningham asking Bush for clemency

Mercy unlikely for former congressman, political observers say

By EDWARD SIFUENTES - Staff Writer | Tuesday, July 22, 2008 8:40 PM PDT

Former U.S. Rep. Randy "Duke" Cunningham, at the center of one of the worst Congressional bribery scandals in U.S. history, is asking President Bush to let him out of prison.

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That's unlikely, say political observers and members of Congress, who argue that the former North County lawmaker's crimes were too severe to warrant setting him free.

"I don't think I can overstate the damage that Mr. Cunningham did to the institution of government," U.S. Rep. Brian Bilbray, R-Solana Beach, said Monday. "The damage done by Randy Cunningham was deep and broad."

Bilbray replaced Cunningham as representative of the 50th Congressional District.

A spokeswoman for the U.S. Justice Department confirmed Monday that Cunningham, a Republican, has asked that his sentence of eight years and four months be commuted.

Officials with the Justice Department review thousands of petitions for clemency from felons and make recommendations to the president on whether requests should be granted.

But presidents are free to ignore the department's recommendations.

Under the Constitution, presidents may issue a commutation, which reduces a sentence, or a pardon, which forgives an offense and erases the criminal record, to anyone they choose.

Cunningham pleaded guilty in November 2005 to taking $2.4 million in bribes from defense contractors in exchange for government contracts.

U.S. Rep. Darrell Issa, R-Vista, said: "I know of no reason at this time that would make a commutation of the sentence appropriate."

Cunningham's attorney, K. Lee Blalack, could not be reached for comment.

The Justice Department does not release a list of petitioners, but will say whether specific people have requested pardons or commutations.

Other prominent people who have petitioned President Bush for clemency include Michael Milken, the billionaire former junk bond king, who is seeking a pardon for his 1990 conviction for securities fraud; John Walker Lindh, the so-called American Taliban; and Marion Jones, the former Olympic sprinter, according to The Associated Press.

From the list of the more than 7,000 petitions President Bush has received, he has granted 157 pardons and 44 commutations.

Former U.S. Attorney Peter Nunez said the odds are against Cunningham.

"It's a very recent case," Nunez said. And "it was such an egregious example of congressional corruption. Most successful pardons occur for people whose crimes happened long ago."

The former congressman, now 66 and in ill health, took fancy trips, had expensive dinners and attended sports events with Poway defense contractor Brent Wilkes, according to court records.

He also described hiring prostitutes on luxurious Hawaiian getaways.

Cunningham is serving his sentence in a low-security prison camp near Tucson, Ariz. Inmates are assigned a work detail, such as cleaning floors and toilets, painting and kitchen duty.

Cunningham could earn 54 days off his sentence each year for good behavior.

Keith Ashdown, a spokesman for the Washington watchdog group called Taxpayers for Common Sense, said he was dumbfounded when he learned that Cunningham had applied to have his sentence commuted.

"I thought it was a joke," Ashdown said. "This was one of the worst cases of congressional bribery in history. It would send the wrong message if they were to reduce, pardon or change his sentence in any way."

Officials with the White House press office did not return calls.

Ashdown said that Cunningham's request for clemency demonstrates that the former lawmaker does not understand the gravity of his crimes. The taxpayer group posted a comment on its Web site asking people to protest the request.

"Let us get this straight," according to the group's Web site. "Cunningham sold his house to a defense contractor for $700,000 more than the asking price and then lived in the same man's yacht free of charge. In exchange, Cunningham sent tens of millions of defense earmarks and contracts. And now he thinks he should be able to turn in his prison stripes?"

Most presidents issue the majority of their pardons toward the end of their administrations, but the applications could remain for future administrations.

The Associated Press contributed to this report.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

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65 comment(s)[-]Go to Top

NO WAY wrote on Jul 21, 2008 8:05 PM:Should this thieving, arrogant, hypocritical criminal receive any type of leniency!!!
What audacity to even request it.
I feel the same way about Marion Jones (Olympic runner) similar request.
"Do the crime, do the time."

Has Not Come Clean wrote on Jul 21, 2008 9:14 PM:Cunningham has not come clean. While many of us were voting for him, he was sleeping with hookers and selling his office to the highest bidder. Jerk. And the damage he did to the Republican Party and the confidence many of us have in government can never be repaid. And my bet is he has not told half of what he knows about the dirt he is covering up for other politicans.

GFN wrote on Jul 21, 2008 9:28 PM:The most corrupt Congressman in history!!! Do not let this thieving, arrogant, hypocritical criminal out even one day early. (Thanks, No Way). However our lying "cover-up" President pardoned Libby; why wouldn't he let this bum out...sick.

Herb wrote on Jul 21, 2008 9:41 PM:Do the crime do the time. To let him off would be a slap in the face of one the best men in Southern CA, Judge Burns.
If Cunningham opens his mouth again about the subject have one of the guards give him a rap in his head and tel him to keep his mouth shut. He has to pay so the others will be less likely to show their disdain for the American people though committing crimes while they have the people trust.

John wrote on Jul 21, 2008 10:29 PM:When all else fails, go ask the king crook for clemency. Still, it's a long shot.

jj wrote on Jul 21, 2008 10:42 PM:No.

No Way.

How dare he even ask.

Old Timer wrote on Jul 21, 2008 11:10 PM:If pres. Bush pardons the "Duke" of corruption, then Bush should take his place and finish out his time in prison. These past 7 1/2 years have been disgusting with all the corruption, special deals, lying, special favors by those in power. Now the few that got caught expect another free pass from those crooks that didn't. Just plain disgusting...

Top Gun wrote on Jul 21, 2008 11:24 PM:The "Duke" served his country with great distinction - risking his life so that we may enjoy freedom. While it appears he may have gotten greedy, and took advantage of his position, it is no different than most politicians who are bought and paid for by the special interest lobbies that run our government. Lewis "Scooter" Libby did worse crime by committing perjury in the outing of a CIA agent that endangered covert agents worldwide. If he can get pardoned so can The "Duke"! Do it George! ...

Do It Set him free wrote on Jul 22, 2008 1:35 AM:I hope Bush sets him free...that will put the final nail in the Republican coffin. McCain will be left trying to explain. Obama will be a shoe in! Do it Bush, show some more of your party dirt.

The REAL Chuckles wrote on Jul 22, 2008 4:45 AM:President Bush, please don't pardon or give clemency to Cunningham. He should rot in prison.

Dirkstir wrote on Jul 22, 2008 5:12 AM:Mr. Cunningham is a victim of a system that encourages goverment contractors to sway public officials by any means possible. Unfortunately for Randy, he wasn't trained in the fine art of deception and cover as were many other public officals. I see no purpose in his continuing suffering in prison, when he could be doing some valuable public service to repay his debt. Public speaking tour on the dangers of taking jacuzzi's with rent-a-companion on lonely congressional ventures, dangerous yatching on someone else's boat, and especially the "hosted bar" syndrome he exhibits. His value as an example of what not to do is greater on the speaking circuit.

Nancy wrote on Jul 22, 2008 6:06 AM:FREE DUKE!

Randy wrote on Jul 22, 2008 6:46 AM:Clemency for Cunningham? The grand finale to a reign that will go down in infamy!

He Said wrote on Jul 22, 2008 6:46 AM:Let's see... $2.4 million/8 years imprisonment = $300,000 per year. Doesn't seem like enough time. Finally, a situation both lib's and con's can completely agree upon. Don't fall for the old "ill" theme. Leave him where he is.

John E wrote on Jul 22, 2008 6:48 AM:It must be nice to be a lame duck President, fat pension guaranteed, accountable to no one, free to grant clemency to any crook he wants to. Cunningham deserves to serve out his full term at Camp Cupcake.

Joyce wrote on Jul 22, 2008 7:01 AM:I guess Duke is using teh same attorny as TIP Academy! Can he or TIP trusted? I think NOT!

She Said to Top Gun wrote on Jul 22, 2008 7:06 AM:NO WAY!! This wasn't a one time slight infraction of the rules. This was ongoing and big. Total disregard for the rules of law and respect for the office he held. A total disgrace.

Johny On The Spot wrote on Jul 22, 2008 7:15 AM:The "Duke's" and his crony's own defense for their crimes was that it was "business as usual" and that they had done nothing wrong.
I think this may be closer to the truth, than not.
Cunningham got caught but I believe on a scale of 1 to 10 he was not a 10.... probably not even a 5 when it comes to congressional corruption. Every congressman distanced himself from Cunningham after he got caught, but this was all political.
The courts made an example of a guy who was probably doing what most every other congressman out there was doing. Unfortunate for him that he got caught.
What about the guys on the house finance committee who got super cheap home loans from banks because of their position. After THEY were caught, they said that they did not know they were getting special loans.
This stuff goes alot deeper into our system than just the "Duke".
I do not think he deserves a pardon, but there are dozens of other representatives who belong in jail right next to him.
Of course, it is the American way to make a big example and scapegoat for the poor slob who gets caught.

Hank wrote on Jul 22, 2008 7:18 AM:While I don’t think Duke should be set free, if his name was El Duque, Jorge would definitely grant him clemency.

Justice wrote on Jul 22, 2008 7:21 AM:If there were any true justice, Bush wouldn't be in a position to pardon Cunningham 'cause he'd be in the nextdoor cellblock.

arnys army wrote on Jul 22, 2008 7:50 AM:The pardons will come after the election. The GOP failed it's members and country. The corruption and damage done to our country by the " Boys Club" will be the dark cloud of American History. Tom Delay,Kathleen Harris ,Alberto Gonzales ,Scooter ,Duke , Condy,and former Executive Branch members that have "Cut and Run" should be dealt with after the transfer so the opportunity of a pardon will have passed. Of course standing up for the Constitution will be seen as Un-American by the GOP,but Germany no longer has a Nazi Party either.

Former Californian wrote on Jul 22, 2008 7:50 AM:He needs to serrve his time and understand what he did was not only wrong in the eyes of the voters, but in the eyes of God. He didn't think about that when he was on the "take", Well let him stay there and think about it now. I think our President is a very principled man and would not give him clemency. My vote says "no".

I am aware of another white collar criminal who took over a million dollars in bribes and inflated government contracts. It was one of the most dispectable crime I believe. They both betrayed the trust of everyone. They both need to be put away forever for what they have done to us the taxpayers. Any sentence is not enough in my book. They destroyed their own families as well as themselves. How can a man do that to his country? A country he served in war and a country Cunningham served in Congress.I do not feel sorry for either of these cowards.

Sad but true wrote on Jul 22, 2008 8:03 AM:Knowing the way the Bush White House has worked, I would say that a Republican operative like Cunningham has a pretty good chance. Sad but true about my former party.

the duke wrote on Jul 22, 2008 8:05 AM:let him go free

HEF wrote on Jul 22, 2008 8:07 AM:If Cunningham is awarded clemency the Republican Party will pay dearly for this action. Look for more Democrats to be elected in the upcoming elections.

Boat wrote on Jul 22, 2008 8:11 AM:To Top Gun: Dr. Johnson wrote in the mid 1700's that "Patriotism is the last refuge of a scoundrel."

You know, Benedict Arnold performed yoeman service at the beginning of the American Revolution, too. And yes, I am comparing what old Cunningham did to treason. He took funds that were meant for the troops fighting in Iraq and sent them to his buddy in Poway. He sold his office to the highest bidder. Pure and simple.

You need to read: The Wrong Stuff: The Extraordinary Saga of Randy "Duke" Cunningham, the Most Corrupt Congressman Ever Caught (Hardcover)
by Marcus Stern (Author), Jerry Kammer (Author), Dean Calbreath (Author), George E. Condon Jr.

Personally, I felt that Cunningham got off easy.

To Nancy wrote on Jul 22, 2008 8:14 AM:Free Duke? He's worth at least a nickel.

Roger wrote on Jul 22, 2008 8:26 AM:Will he be writing a column now, just like Oliver North?

Concerned One wrote on Jul 22, 2008 8:38 AM:A travesty of justice in the works. Alfred E. Bush should be in jail along with the Duke! Regards, C-1

Just Us wrote on Jul 22, 2008 8:43 AM:After his release he will become Fox News newest commentator next to all the other true American crooks.

one of Dukes former constituents but never a supporter wrote on Jul 22, 2008 9:11 AM:The mere fact that he's asking for clemency now shows that he still hasn't accepted responsibility for his treason and doesn't recognize the depth and gravity of his crimes. I hadn't expected to see this request until after the election in November. Still, his request probably has a 50/50 chance.

to just us wrote on Jul 22, 2008 9:13 AM:you are right. He can get on TV with Oliver North and discuss GOP law-breaking

GFN wrote on Jul 22, 2008 9:19 AM:Con-1...great!!! "Alfred E. Bush"; I can't stop laughing.

Alf wrote on Jul 22, 2008 9:21 AM:I was going to quip - If Nixon can get pardoned, anyone can.
Then I saw the post by "Top Gun" at 11:24PM who said "While it appears he may have gotten greedy". The words "appears" and "may" are typical mush-mouth words.
Face facts, he was lawfully tried and convicted of taking $2.4million in bribes.
Cunningham did not "appear" to do something, he did it.
There is no "may" have gotten greedy, he did get greedy to the tune of $2.4 million that we the people know about.
Regards, Alf.

Dorothy wrote on Jul 22, 2008 9:43 AM:Not only should they not let Randy out, they should jail our other crooked politians who have been less obvious in their crimes. I believe there is government graft and corruption on an enormous scale. The degradation in the economy and the out of control rise in the cost of living, to me, is a clear indication that the ones we elected to protect us are taking us to the cleaners.

aztec wrote on Jul 22, 2008 9:54 AM:Who's going to give Bush clemency?

Well aztec wrote on Jul 22, 2008 10:14 AM:McBush, of course, if he actually gets elected, that is. If McBush doesn't get elected, it's "Go to Jail, Go Directly to Jail, Do Not Collect $200" for Bush.

Mike H wrote on Jul 22, 2008 10:22 AM:Let him rot in jail

johnny wrote on Jul 22, 2008 10:27 AM:If you let him go, than you would have to let Bin Laden and all the terrorists associated with 9/11 to go to. He was taking bribes after 9/11 when he should have been engaged since he was on the Defense appropriations and intel. committees. What else is the purpose of the House committees?

TRIDDLE wrote on Jul 22, 2008 10:33 AM:"The Dukester" is lucky to have received such a light sentence and then serve it in a low security, comparatively soft prison camp not that far from his old home. For the President to ignore the trial and sentencing of the Judge in this case would be wrong. The "Dukester" must serve the time meted out to him after a fair trial which was upheld on appeal. If he is ill, there are adequate medical facilities available to him, free of charge, within the Federal prison system.

Bob wrote on Jul 22, 2008 10:48 AM:"Top Gun" at 11:24 PM mentions Randy "Duke" Cunningham "...risking his life so that we may enjoy freedom."

It is not particularly clear which, if any, freedoms were protected.

La Bonnie Familia wrote on Jul 22, 2008 12:11 PM:Lets bring him home to the North County and shelter him.

An olive Branch for the Duke!!!

Ignats wrote on Jul 22, 2008 12:36 PM:If Clinton can pardon Mark Rich while he was still a wanted fugitive on the FBI's most wanted list, then why not this? Our county is nearing the end anyway, who cares?

Long live the Duke wrote on Jul 22, 2008 12:43 PM:John Wayne, I mean.

Randy what's-his-name can rot in jail.

Adieu

Ramos and Compean wrote on Jul 22, 2008 12:59 PM:Free Ramos and Compean.
No to Duke.

Johny On The Spot wrote on Jul 22, 2008 1:04 PM:Dorothy is 100% correct. We should be seeking out the rest of the corrupt bunch we call elected officials because as sure as the sun will rise tomorrow, the "Duke" was just the tip of the iceberg.
This is according to testimony given in court by those convicted in the matter.
You can only wonder why there has been no witchhunt for more guilty parties.

They all where they belong wrote on Jul 22, 2008 1:57 PM:Ramos,Compean, Cunningham, Manson, etc...are all just where they belong locked up for the crimes they committed. No Clemency for any of them.

Chuck wrote on Jul 22, 2008 2:10 PM:Let Cunningham out. He's no different than the rest of the Washington filth, except that he got caught.

EscoWatchDog wrote on Jul 22, 2008 2:24 PM:Disgusting. America: people like Cunningham are the true criminals, what a shame this man is. He has really pimped the system!

No pardon to the real criminals--white collar, corrupt corporation-loving thieves and cheaters!

No Shame wrote on Jul 22, 2008 2:31 PM:These politicians have no shame. Their just elected actors. Sell some photos of Duke stacked like the Abu-Grav prisoners maybe one or two with dogs and once he sees the money making opportunities he might reconsider a reduced sentence.

TRIDDLE wrote on Jul 22, 2008 3:12 PM:Some seem to say that the "Dukester" should be pardoned because other criminals have been pardoned. The President should not be second guessing the Judicial Branch of government. His pardoning powers were intended as a means to pardon an offender AFTER the offender has served his sentence and has demonstrated to one and all that he is reformed. This would be after a period of years. To pardon somebody while they are STILL IN PRISON is WRONG. If they should not be there in prison because of new evidence that they are innocent, the Judicial Branch should handle that, and they do.

Political Corruption Capital wrote on Jul 22, 2008 3:30 PM:Cunningham and his type put Escondido on the map as the corruption capital of the country.

Carter wrote on Jul 22, 2008 3:46 PM:"To Top Gun." I was right there with him while he was serving his country. We were doing our duty. And it was his continued duty to serve in the best possible way. He simply had to do his best and follow the law and the rules for being a congressman. Instead he choose to spit in the face of the American people. He knew he was doing wrong and he know what it could cost him. Now he is paying - and that is as it should be. Do the crime, do the time. he is right where he should be. I am ashamed of Cunningham.

Bonnie familia wrote on Jul 22, 2008 4:20 PM:Interesting the NCT video has the Duke's wife next to him. So what ever happened to Nancy? Why isn't she in with the Duke?

Lets not forget that Dumanis didn't want to charge the Duke she just wanted to keep an eye on him. I am sure she is keeping a good eye on the white collar criminals and taking in political contributions at the same time.

Boat wrote on Jul 22, 2008 4:43 PM:Carter: Cunningham was at NAS Miramar when I was stationed there. I never met him but I knew who he was, everybody did, he was his own Public Relations machine. I do know a couple of retired officers who knew him. Let's not go there.

I must say that I am appalled at the posters here who say "He didn't do anything that others didn't do. He just got caught." That is a logical fallacy - two wrongs do not make a right. You folks realy need to read the book that I cited above. I found it in the Escondido Public Library. Well worth investing a couple of evenings to read. Like I said - he got off easy in my opinion - he should have gotten life for what he did.

Dave Of The Desert wrote on Jul 22, 2008 8:11 PM:McCain/Cunningham 08

let him rot wrote on Jul 22, 2008 8:23 PM:Cunningham asking for clemency from Bush? They should be cellmates after the lies and then deaths of thousands in Iraq.

Maggie wrote on Jul 22, 2008 8:25 PM:Randy Duke Cunningham deserves our forgiveness. He did well by Encinitas.

I Dont Buy It wrote on Jul 22, 2008 8:37 PM:While I agree that there is a lot of corruption within the walls of Congress on both sides, I think Cunningham's corruption (over many terms) set a new bar. He thought he was WAY above the law. Those of you who think he should be set free - don't you remember all of the bribes he took? He had a list - in his handwriting - saying how much he wanted in cash and goodies in exchange for federal contracts he would ensure. He used coercion, manipulation, threat and bullyied others on the committee he chaired to steer contracts their way. And he did it term after term. He never missed a chance to bad mouth the Democratic Party, either. His behavior gave new meaning to the word "arrogant."

The entire K Street gang should be removed from Washington, D.C. and someone should be asking why it is that the term for the House of Representatives is only 2 years. It should be at least 4 - otherwise it lends itself to being bought because as soon as Reps are elected, they're back to campaigning the following year. Why doesn't someone do something about that?!

what about... wrote on Jul 22, 2008 8:52 PM:William Jefferson, Democrat Rep. in Louisiana, caught with more then $90,000 dollars in his freezer during Katrina, they need to hunt down all political weasels, and I'd be willing to bet that they are almost ALL On the dole, and give em prison time, I trust our elected officials as much as I trust the media to report accurate, un-biased articles anymore, which is not at all.....

Gary wrote on Jul 22, 2008 9:44 PM:Duke fooled us all into voting for him and then betrayed our trust. He needs to pay the price for his greed and letting down the constituents who he was supposed to serve. Sorry Duke, but you don't deserve a pardon.

Dont Stop wrote on Jul 23, 2008 6:40 AM:While you're at it G.W., why don't you let Charlie Manson and Osama Bin Ladenoff the hook as well?

BarbsKid wrote on Jul 23, 2008 9:12 AM:Hmmmm......let me think on it this way. If a parent puts one child on time out for acting inappropriately, would it be justified to say that, since the other kids are still behaving badly the one on time out should be excused????? Would this float with our regular run of the mill criminal????

I think not.

Old Timer wrote on Jul 23, 2008 10:57 AM:To I Dont Buy It - Our founding Fathers set the term for the House at two years so there would be less opportuity to make a career from be ing a Representative. Unfortunately, those incumbants have found a way to turn the position into a career, but they needed lots of money to continually run for election. Why notdo what the Founding Fathers intended and just run for a couple terms then go seek honest employment rather than turning into a crook.

Concerned wrote on Jul 23, 2008 12:14 PM:Can't believe this guy has the audicity to ask for clemency. Are you kidding? He steals thousands upon thousands of dollars and then thinks he can just walk? The only thing he should be walking is the yard.

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