| INVESTIGATION OF ILLEGAL OR IMPROPER ACTIVITIES IN CONNECTION WITH 1996 FEDERAL ELECTION CAMPAIGNS FINAL REPORT
of the COMMITTEE ON GOVERNMENTAL AFFAIRS SENATE Rept. 105-167 - 105th Congress 2d Session - March 10, 1998 |
MINORITY VIEWS OF SENATORS GLENN, LEVIN, LIEBERMAN, AKAKA, DURBIN,
TORRICELLI AND CLELAND
Chapter 31: Other Contributor Access Issues...................... 8250
Findings..................................................... 8250
Johnny Chung................................................. 8250
Political Contributions.................................. 8251
Access to Administration Officials....................... 8251
Link Between Contributions and Visits.................... 8252
Williams's Handling of Chung's $50,000 DNC Contribution.. 8253
The Pendleton Act........................................ 8255
The Hatch Act............................................ 8256
Other Individuals............................................ 8256
Jorge Cabrera............................................ 8256
Grigori Loutchansky...................................... 8257
Wang Jun................................................. 8258
Yung Soo Yoo............................................. 8259
Michael Kojima........................................... 8260
Conclusion................................................... 8260
PART 5 FUNDRAISING AND POLITICAL ACTIVITIES OF THE NATIONAL PARTIES
AND ADMINISTRATIONS
Chapter 31: Other Contributor Access Issues
Johnny Chung, a Taiwan-born American businessman, was a
large contributor to the Democratic National Committee
(``DNC'') during the 1996 election cycle and a frequent visitor
to the White House. During some of these visits, he was
accompanied by Asian business associates, for whom he arranged
``photo opportunities.'' Many of his visits were to the office
of Margaret Williams, then Chief of Staff for First Lady
Hillary Clinton. During a March 1995 visit to Williams's
office, Chung gave her a $50,000 check payable to the DNC,
which she immediately forwarded to the DNC. The Committee
investigated whether Chung's access to the White House was
inappropriate and whether Williams acted appropriately in
connection with a $50,000 donation by Chung.
Chung did not cooperate with the Committee's investigation,
citing his Fifth Amendment protection against self-
incrimination. Although he offered to testify in exchange for
immunity, this offer was not accepted by the Committee. The
Committee did not hold hearings on Chung, but it did take
deposition testimony from Margaret Williams and her assistant
Evan Ryan.
This chapter of the Report also discusses other
controversial individuals who were provided access to President
Clinton and to former President Bush.
(1) The evidence before the Committee shows that even
though Chief of Staff to the First Lady, Margaret Williams,
immediately placed the contribution from Johnny Chung to the
DNC in the mailbox, it would have been more prudent for her to
have refused to accept the check from Chung and told him to
give it directly to the DNC.
(2) Chung's access to the White House, which was based in
part on his contributions to the Democratic Party, was
excessive and inappropriate. On one occasion Chung was
permitted to bring foreign business associates to view the
President's delivery of a radio address without appropriate
vetting by the DNC or the White House.
JOHNNY CHUNG
Chien Chuen (``Johnny'') Chung1 is a California
businessman who emigrated from Taiwan 2 and became a
United States citizen. Chung, who is an engineer, established
Automated Intelligent Systems Inc.3 (``AISI''), a
company in the Los Angeles area. AISI sells a computer system
that enables customers to broadcast thousands of copies of a
fax simultaneously.4 In the mid-1990s, Chung became
active internationally, doing business in China and other parts
of Asia. For example, he sold part of his fax business to Asian
investors and acted as a consultant to Asian businessmen.
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Footnotes at end of chapter 31.
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Political contributions
Chung has told reporters that he began courting politicians
because he felt this would help him market AISI's fax service
to government offices.5 He began making political
contributions in August 1994.6 During the 1994 and
1996 election cycles, according to Federal Election Commission
records, Chung or his fax business contributed more than
$360,000 to the DNC and to congressional campaigns.7
Chung also raised money for the Democrats.
Access to administration officials
From 1994 to 1996, Chung attended several fundraising and
other events also attended by top U.S. officials. For example,
the August 1994 contribution was connected with a birthday
party for the President.8 In December of that year,
Chung donated $40,000 in order to attend, with several guests,
a fundraising luncheon attended by the First Lady.9
During the 1996 cycle, according to a press report, Chung
purchased several tickets to a ``$25,000-a-plate dinner at the
California home of the film maker Steven Spielberg and a
birthday bash for Mr. Clinton at Radio City Music Hall and
brought several guests.''10 During the same period
that Chung emerged as an important Democratic donor, he became
a frequent visitor to the White House Complex, a term that
refers to the White House itself and to a few nearby buildings,
including the Old Executive Office Building (``OEOB'').
Contrary to several press reports, most of these visits were
not to the White House itself, but to the OEOB, where he
visited the offices of Margaret Williams, then Chief of Staff
to the First Lady.11 The First Lady does not
maintain an office in the suite where these offices are
located.12
Some of Chung's White House visits were apparently aimed at
impressing Asian business associates,13 who
sometimes accompanied him. In December 1994, for example, Chung
brought a group of mainland Chinese executives to the White
House, including Chen Shizeng, chairman of Haomen, a beer and
soft drink company.14 Chung and his guests posed for
pictures with President and Mrs. Clinton.15 Without
the White House's knowledge, and apparently without consulting
Chung, the Haomen company later used the photos in China to
promote its beer.16
On March 11, 1995, Chung and five businessmen from China
watched President Clinton deliver his weekly radio address in
the Oval Office.17 Chung had arranged the visit with
assistance from the DNC.18
At these visits, Chung did not meet privately with the
President or have an opportunity to engage in any lengthy
conversations with him.
National Security Council staff members were wary of
Chung. On April 7, 1995, NSC staff member Melanie Darby sent an
e-mail message to colleagues regarding the March 11
presidential radio address. She asked whether they felt the
visitors should be given copies of the photographs taken that
day. She wrote that President Clinton ``wasn't sure we'd want
photos of him with these people circulating around'' and that
the DNC had arranged for the six businessmen to visit without
``knowing anything about them except that they were D.N.C.
contributors.'' But she added that ``these people are major
D.N.C. contributors and if we can give them the photos, the
President's office would like to do so.'' 19
(Contrary to that statement, no evidence has emerged that
Chung's guests donated to the DNC.)
Later that day, Robert L. Suettinger, Director of Asian
Affairs in the NSC, replied with a e-mail in which he advised
``caution'' concerning Chung.
My impression is that he's a hustler, and appears to
be involved in setting up some kind of consulting
operation that will thrive by bringing Chinese
entrepreneurs into town for exposure to high-level US
officials. My concern is that he will continue to make
efforts to bring his ``friends'' into contact with the
POTUS [the President] and FLOTUS [the First Lady]--to
show one and all he is a big shot, thereby enhancing
his business. I'd venture a guess that not all his
business ventures--or those of his clients--would be
ones the President would support. I also predict that
he will become a royal pain, because he will expect to
get similar treatment for future visits. He will be
persistent.20
In the summer of 1995, Chung attempted to involve himself
in assisting Harry Wu, an American labor activist who had been
jailed in China.21 Chung sought a letter from
President Clinton supporting his efforts to help release Wu but
was rebuffed.22 DNC Chairman Donald Fowler did,
however, sign a letter describing Chung as ``a friend and a
great supporter of the DNC.'' 23 Chung's efforts to
involve himself in this delicate matter provoked concern on the
part of the NSC's Suettinger. In a note to then-National
Security Adviser Anthony Lake, he described Chung's mission as
``very troubling'' and said he feared that Chung could do
``damage.'' He advised that ``we be very careful about the
kinds of favors he is granted.'' 24 Ultimately,
Chung's attempt to involve himself in this issue had no effect
on the administration's handling of the Wu case. (Wu was later
released.)
Despite concerns about Chung, he was allowed to continue
visiting the White House Complex. For example, Secret Service
records show that he made 30 visits to the White House Complex
in 1995, most of them to Margaret Williams's office in the Old
Executive Office Building.
Link between contributions and visits
Although Chung did not provide evidence to the Committee,
he has told journalists (in unsworn statements) that his White
House access was a direct quid pro quo for political
contributions. ``I see the White House is like a subway,'' he
said. ``You have to put in coins to open the gates.''
25 Chung has also stated that he and his associates
attended the March 11, 1995, presidential radio address as a
quid pro quo for a $50,000 donation he made to the DNC around
that time--in the form of a check he handed to Margaret
Williams.26
The Committee found no evidence that access to the White
House was sold in the crude manner described by Chung.
Regarding the $50,000 contribution, the DNC's Fowler denied
under oath that the invitation was provided in exchange for a
specific donation.27 He also testified that he was
not involved in getting Chung an invitation to the radio
address,28 and that he was unaware that Chung had
given a check to Williams for the DNC until the incident was
reported in the media.29 Williams testified that she
played no role in arranging the invitation to the radio
address.30 She also testified that such invitations
are not difficult to obtain.31
Although Chung's ``subway'' analogy appears to be an
exaggeration, his status as a contributor was probably the main
reason he was allowed to visit so frequently. Testimony
established that White House officials viewed Chung's visits as
``irritating,'' but Williams permitted him to visit in her
outer office, despite the fact that he had no obvious reason to
be there.32 Williams stated that she expected every
visitor, including Chung, to be welcomed by the staff. She
tolerated him because she believed that he had been mistreated
and ridiculed.33 She also stated, ``[T]here were
many difficult days for Mrs. Clinton over this time period, and
the idea that somebody adored her and wanted to be there was
fine.'' 34 But Williams also acknowledged that she
knew Chung was a large donor to the DNC,35 and that
this was a factor in her decision to let him spend time in her
office.36
Williams's handling of Chung's $50,000 DNC donation
Chung's most controversial donation was a check for $50,000
to the DNC, which he gave to Margaret Williams in March 1995.
As noted above, Chung claimed that Williams solicited this
check as as quid pro quo for attendance at a presidential radio
broadcast.
On March 8, Chung arrived at Williams's office at the OEOB
without an appointment and spoke to Evan Ryan, Williams's
assistant.37 Chung's lawyer has told Time magazine
that Chung wanted to arrange lunch in the White House mess and
a meeting with the First Lady for the five visiting Chinese
executives. According to Time, ``[T]he subject turned to
Democratic Party needs. Ryan remarked that the President's
party had to cover the costs of political events held by the
First Lady at the White House.'' 38 In interviews
with the press, Chung has alleged that he wanted to ``help the
First Lady'' defray some of the costs associated with Christmas
parties the DNC held at the White House, and this was why he
later made a $50,000 contribution.39
The sworn testimony of both Ryan and Williams contradicts
Chung's unsworn assertions to journalists. During the March 8
conversation, according to Ryan, Chung mentioned a contribution
he was planning to make.40 According to Ryan, Chung
frequentlytalked about his contributions, and in this case she
thought that he was boasting as he often did.41 Ryan
testified that Chung also mentioned that he wanted to bring some
visitors to the White House, and Ryan asked Williams what to do about
the requests.42 Williams suggested that Ryan make some calls
about setting up a White House tour and lunch in the White House
mess.43 This was the extent of Williams's instructions to
Ryan regarding Chung's requests, according to Ryan.44
Ryan testified that she knows of no solicitation of money
that ever occurred in the White House.45 Regarding
the specific allegation that either she or Williams solicited
the $50,000 contribution from Chung to help pay off debts, Ryan
testified that she never had any discussion with Chung during
which she suggested that he could help defray costs of events
at the White House.46
During testimony before the House Committee on Government
Reform and Oversight, Williams confirmed Ryan's version,
testifying that she had no knowledge of Ryan ever mentioning to
Chung that he could make a $50,000 contribution to cover some
of the DNC debt. She also testifed that she had never solicited
$50,000 from Chung to help pay some of the money the DNC owed
the White House to cover the costs of holiday parties the DNC
threw at the White House.47 Williams also testified
to the House Committee that she never told Ryan that if Chung
were to ask how he could help the First Lady, Ryan should
suggest to him that he help pay off the DNC's debt to the White
House.48 Williams has stated, however, that Chung
had asked in the past if he could give something to help Mrs.
Clinton.49 On those occasions, Williams had
suggested that he make a contribution to the DNC, or the
Presidential Legal Expense Trust, but told him that he could
not give money to Mrs. Clinton.50
According to Ryan's testimony, there were no discussions
between Ryan and Williams regarding Chung's contributions or
regarding any connection between his contributions and actually
fulfilling his requests for a lunch in the White House mess and
a White House tour.51 Neither Williams nor Ryan
suggested to Chung that his requests would be expedited if he
contributed to the DNC.
On March 9, according to several press reports, Chung
visited the DNC to ask if he could bring a delegation of five
executives from China to the White House to have a photo taken
with the President. Although, as noted above, he has claimed
that he offered to make a $50,000 contribution in exchange for
such a visit, the Committee found no evidence to support this
allegation.
That same day, Chung appeared at the Old Executive Office
Building, and Ryan gave permission for him to enter
52 and visit Williams's office. Williams had not
known that Chung was coming to her office that
day.53 Ryan testified that Williams seemed
perplexed, but dismissed this as ``well, whatever, . . . that's
Johnny.'' 54
Chung handed Williams a check, despite her
protestations.55 Williams testified that she
initially rejected the check, thinking that it was made out to
Mrs. Clinton.56 When Chung stated that it was for
the DNC, she decided that she ``just wanted to get out of
[there]'' so she agreed to forward the check to the
DNC.57 She then dropped the check into her outbox
with no note to the DNC, and without telling anyone at the DNC
that they should be expecting it.58 She estimated
that the entire encounter lasted perhaps 60 to 90
seconds.59 She said she did not even know the amount
of the check.60
Williams had never been handed a political contribution in
the White House before,61 and there were no standard
procedures about what to do in such a case.62 On
several occasions, checks intended for the DNC had been mailed
by mistake to the First Lady's office, and Williams simply
forwarded them to the DNC.63 She decided to handle
Chung's check in the same manner. She put it in her out box,
64 did not tell anyone she had received it, and did
not record her receipt of it anywhere.65 She
testified:
A: Just like any other check I might get, I'd put it
in the mail box, in my out box, and when the rest of
the things from my out box were collected or, you know,
whatever volunteer, would sort through it and send the
check where it needed to go.
Q: Did you put a note on it, sent to DNC?
A: No. I--I mean, I figure what I had always done is
just put the check in. I never take the time to write a
note.66
Chung, in an unsworn statement to the Los Angeles Times,
said that Ryan told him that Mrs. Clinton was aware of his
contribution.67 This statement is directly
contradicted by the sworn testimony of both Ryan and Williams.
Ryan testified that she had no knowledge of whether the First
Lady was aware of the contribution.68 She also
testified that Chung never asked her if the First Lady knew
that he had made a contribution to the DNC.69
Williams also testified that she never told anyone about the
contribution.70
The Pendleton Act
Under the Pendleton Act, 18 U.S.C. Sec. 607, it is unlawful
``for any person to solicit or receive any contribution'' on
federal property. Although Chung, as discussed above, asserted
to reporters that the check was solicited, the Committee found
no evidence to corroborate that assertion. Morever, Williams
and Ryan both testified that they did not solicit the
contribution.
Williams also does not appear to have violated Sec. 607 by
``receiving'' Chung's contribution in her office at the OEOB.
Under federal regulations, in order to violate Sec. 607 by
``receiving'' a contribution, one must ``come into possession
of something from a person officially on behalf of a candidate,
a campaign, a political party, or a partisan political group''
[emphasis added].71 Regulations also provide that
``ministerial acts'' are not covered by the
statute.72 A 1995 Justice Department opinion
concluded that the mere taking of custody of acontribution by
someone who has no ``right of disposal'' cannot be considered
``receipt'' of the contribution and is, therefore, not governed by the
statute.73
Under these circumstances, Williams was a mere custodian of
the check Chung gave her. She handled the check for mere
seconds, accepting it from him and then immediately putting it
in her outbox. She did not even notice how much it was made out
for. Williams never had the ``right of disposal'' discussed in
the Justice Department opinion. Instead (using the language of
the Justice Department opinion), she ``had no more to do with
the transaction than a mere messenger would have had to whom
the owner had handed it for delivery.'' 74 Thus, it
appears that Williams never actually received the money within
the meaning of 18 U.S.C. Sec. 607.
Moreover, Williams's role as chief of staff to the First
Lady gave her no authority to act officially on behalf of the
DNC. She had only sporadic contact with the DNC.75
Aside from scheduling the First Lady at events which were
fundraisers, or had fundraising components, Williams was not
involved with DNC fundraising.76 The only time she
would intervene on behalf of a donor would be to pass his or
her name along to the Office of the Social Secretary for
possible inclusion in a White House event.77 By
physically taking a check from Chung she was not then actually
receiving it on behalf of the DNC, because she was not an agent
of the DNC. She was merely performing a ministerial act.
Finally, Sec. 607 does not apply to soft money
contributions.78 According to Federal Election
Commission records, the contribution Chung made went into the
DNC's non-federal or ``soft'' money account.79
Because it was soft money, soliciting or receiving the
contribution even if it had occurred would not have violated
Sec. 607.80
The Hatch Act
Under the Hatch Act, 5 U.S.C. Sec. 7323, a federal employee
may not ``knowingly solicit, accept, or receive a political
contribution.'' Unlike the Pendleton Act, which does not apply
to contributions not covered by the Federal Election Campaign
Act, the Hatch Act does apply to soft money.
As discussed above, however, the Committee received no
evidence that Williams solicited the contribution. Moreover,
the analysis of whether a contribution has been received or
accepted is the same under the Hatch Act as the analysis for
whether a contribution has been received under the Pendleton
Act: The mere unofficial taking of custody is not covered by
the act.81 As discussed above, Williams did not take
the check from Chung on behalf of anyone else, nor did she have
the authority to accept checks on behalf of the DNC. She simply
performed a ministerial act by putting the check Chung gave her
directly into her outbox to be sent to the DNC. Williams
therefore did not receive or accept a contribution as defined
by the Hatch Act.
OTHER INDIVIDUALS
Jorge Cabrera
Jorge Cabrera, a Florida businessman, contributed $20,000
to the DNC in order to attend a fundraising event in Miami in
December 1995, where he met Vice President Gore and the First
Lady.82 A few days later, Cabrera attended a White
House Christmas party at which the First Lady was
present.83
In early 1996, Cabrera was arrested in Florida and charged
with attempting to smuggle cocaine into the United States; he
was later sentenced to 19 years in prison.84 After
the arrest, there were reports in the press that Cabrera had a
previous criminal record at the time he was invited to the
White House in late 1995. In 1983, he pleaded guilty to
conspiracy to bribe a grand jury witness and served 42 months
in prison. In 1988, he was charged with overseeing a narcotics
ring, but pleaded guilty to income tax evasion and served a
year in prison. On another occasion, he was charged with
racketeering and drug distribution, but not
convicted.85 (Cabrera is also suspected of ties to
Cuban leader Fidel Castro; 86 those alleged
connections are being investigated by the House Government
Reform and Oversight Committee.87)
When Cabrera's criminal record was publicized, Leon
Panetta, then Chief of Staff in the White House, asked other
White House staff members to ``meet with Secret Service to find
out how a decision was made to allow a convicted felon to `run
round' the White House,'' according to notes taken by an
aide.88
The Secret Service responded that Cabrera had been allowed
to enter the White House because the cases that turned up on a
law enforcement database indicated that he did not pose a
physical threat to the First Family.89 Secret
Service procedures do not automatically call for the exclusion
of visitors because they have criminal records (see Chapter
26).90 Instead, the Secret Service determines
whether criminal records of proposed visitors would suggest
that the individual may pose a physical threat to the President
or other White House officials. The Secret Service is
prohibited by law from telling the White House staff about any
proposed visitor's criminal record, and therefore did not
inform the White House of the information they obtained
regarding Cabrera.91
The DNC, however, could have learned about Cabrera's
background if it had conducted an on-line search of the press
via Lexis-Nexis,92 but it apparently failed to do
so. DNC spokeswoman Amy Weiss Tobe admitted, ``We were not
doing the proper vetting of guests at our events. We regret
that this happened, but we have a process in place now where
the mistakes of the past will not be the mistakes of the
future.'' 93
Grigori Loutchansky
According to press reports, Grigori Loutchansky is the
president of Nordex, a trading company in Vienna that
specializes in doing business in the former Soviet Union. He
was born and raised in the Soviet Union, but currently holds an
Israeli passport. In October 1993, Loutchansky attended a
Democratic Party dinner as the guest of Sam Domb, a New York
real estate developer and DNC donor. The dinner was not held in
the White House, but was attended by President Clinton and Vice
President Gore. Loutchansky reportedly chatted briefly with the
President and had his picture taken. Loutchansky later told
reporters that the President asked him to convey a message to
the president of Ukraine, asking him to reduce that country's
nuclear stockpile.94 A senior official of the
National Security Council, however, told the Committee that
Loutchansky's assertions were not accurate.95
In 1995, the DNC invited Loutchansky to a fundraising event
at the Hay Adams Hotel in Washington, at the suggestion of Sam
Domb. DNC Finance Director Richard Sullivan contacted Karen
Hancox, Deputy Director of the White House Office of Political
Affairs, and expressed concerns about Loutchansky. Hancox
contacted the National Security Council, which recommended that
Loutchansky not attend the event.96 Hancox passed
this information on to Sullivan 97 and he asked Domb
to rescind the invitation to Loutchansky, which he
did.98
In July 1996, Time magazine reported that Loutchansky was
under investigation by law enforcement and intelligence
agencies in the United States and other countries. He was
suspected of involvement in arms-trafficking, money-laundering,
and other crimes, but had not been charged.99
Shortly before the November election, the Republican National
Committee issued a press release based mainly on that article,
criticizing the President for having met with Loutchansky three
years earlier. The RNC press release failed to mention that the
allegations against Nordex had not been reported in the press
when Loutchansky was invited to the 1993 dinner, nor did it
mention that he had never attended an event in the White House
or any DNC event after 1993. The press release also insinuated,
without any substantiation, that Loutchansky had contributed
money to the DNC.100
Wang Jun
Wang Jun is a Chinese citizen and the son of Wang Zhen, a
high-ranking Chinese government official.101 Wang
Jun is the chairman of China International Trust and Investment
Corporation (``CITIC''), the chief investment arm of the
Chinese government. He is also reportedly the chairman of the
China Poly Group, an arms-manufacturer.
On February 6, 1996, Wang attended a White House coffee at
the invitation of Yah Lin ``Charlie'' Trie, at which President
Clinton was in attendance.102 Shortly after the
coffee, Poly Technologies was implicated in smuggling weapons
into the United States and Wang was described in press reports
as an ``arms dealer.'' 103
Although the President and the DNC acknowledged that Wang's
attendance at the coffee was ``clearly inappropriate,'' neither
the DNC nor the White House notified the NSC about this
invitation in order to receive information about Wang before he
attended the event.104 Moreover, Wang's role in
China Poly and its Poly Technologies unit is not clear, despite
his title as chairman of China Poly, according to Robert
Suettinger, Director of Asian Affairs in the National Security
Council. Suettinger informed the Committee that Wang is
generally associated with CITIC, not with Poly
Technologies.105
CITIC, a $20 billion conglomerate, serves as the chief
investment arm of China's central government with ministry-
level status on the Chinese State Council.106 CITIC
is guided by a 13-member CITIC International Advisory Council,
whose board members include prominent Americans including
former Secretary of State George Shultz and Maurice Greenberg,
chairman of a American International Group, a major insurance
firm.107 CITIC companies have received more than
$200 million worth of financing from the Export-Import Bank of
the United States. CITIC has forged business partnerships with
a variety of U.S. firms, including Westinghouse, Bechtel, and
Chase Manhattan. Two months after appearing at the White House
coffee, Wang hosted a dinner in Beijing attended by former
President Bush and Brent Scowcroft, President Bush's former
national security advisor.108 Wang calls Henry
Kissinger ``a good friend.'' 109 During the hearing,
Senator Glenn observed that Wang was ``a key figure for
virtually any U.S. company interested in major economic
involvement in China.'' 110 Senator Glenn noted that
former Secretary Shultz has been quoted as saying that he
attended CITIC's advisory council meeting in 1996 and that he
planned to attend the 1997 meeting as well. Senator Glenn
described Secretary Shultz as ``one of the finest people to
serve in Government . . .'' 111
After the arms-dealing allegations were publicized, the
White House determined that Wang Jun had not been vetted by the
NSC (there had been only a ``summary background check'' by the
DNC). The NSC was then asked what it would have recommended if
it had performed a background check. Suettinger of the NSC
stated in his interview that he believes that if he had been
consulted he would have recommended against Wang attending a
DNC event because of Wang's ``business connections, not his
ties to the Communist government'' of China.112
Yung Soo Yoo
Yung Soo Yoo is a Korean-born American
citizen.113 He is a resident of New Jersey and owns
Vitac Optical Inc., a company which imports optical
lenses.114 In 1991, he attended a state dinner in
the Bush White House. Throughout the 1990s, he contributed to a
wide range of Republican committees and candidates.
In 1977, Yoo testified before a House of Representatives
subcommittee that he had worked with the Korean Central
Intelligence Agency in an unsuccessful attempt to prevent
Korean witnesses from cooperating with a congressional
investigation into ``Koreagate.'' 115 This was a
scandal involving attempts by the South Korean government to
acquire influence in Washington by, for example, bribing
members of Congress.
In 1984, Yoo was found guilty under 18 U.S.C. Sec. 1014 of
committing bank fraud.116 The scheme involved his
sale of substandard coal to the South Korean government in
1982, and making false statements to a U.S. bank to obtain $4
million from an international letter of credit. Yoo's appeal of
the conviction was rejected.117 He subsequently paid
a $10,000 fine.118
Yoo has been active in Republican circles for several
years. In 1988, he contributed $1,000 to the Bush presidential
campaign and $6,000 to the Republican National
Committee.119 He gave $4,500 to the President's
Dinner in 1990.120 He attended a 1991 State Dinner
at the White House hosted by President Bush for South Korean
President Roh Tae Woo, and was actively engaged in Republican
fundraising during the 1992, 1994, and 1996 election
cycles.121
In 1992, Yoo raised campaign funds in the Korean-American
community for President Bush and Senator Alfonse D'Amato of New
York and held a fundraiser for Senator D'Amato which was
attended by President Bush.122 He also raised money
for Representative Jay Kim of California and, according to
federal prosecutors, was the middleman in a scheme to funnel
illegal corporate contributions to the Congressman (see Chapter
8).123 In 1994, Yoo served on the transition team
for George Pataki, the Governor-elect of New York, and as the
chairman of the International Trade Subcommittee of New Jersey
Governor Christine Todd Whitman's economic task
force.124
In 1994, Yoo donated $2,000 to Senator
D'Amato.125 Two years later, at Yoo's suggestion,
Chong Hwang, then the president of the Korean Apparel
Manufacturers Association (``KAMA'') donated $5,000 in KAMA
funds to Senator D'Amato and persuaded 23 KAMA members to
purchase $11,500 worth of tickets to a fundraiser headed by
D'Amato. As a result, Korean-American factory owners were able
to meet with a Pataki aide and as well as Edward McElroy, a
director of the Immigration and Naturalization
Service.126 Hwang was later removed as president of
KAMA because of the unauthorized contributions to Senator
D'Amato.127
Yoo and Senator D'Amato were scheduled to co-chair a
fundraiser for Senator Jesse Helms of North Carolina on October
11, 1996, but the event was abruptly canceled the morning it
was to take place.128 Yoo and his wife did, however,
donate $2,000 to Helms and $1,000 to the North Carolina Victory
Committee in 1996.129
Michael Kojima
Michael Kojima, a Japanese-born U.S. citizen, contributed
$500,000 to the Republican Party in 1992--the largest
contribution to that event--and was rewarded with a seat at the
head table, next to President Bush, as discussed in Chapter 6
of the Minority Report.
After the 1992 dinner, news organizations published reports
strongly suggesting that Kojima did not make the $500,000
contribution from his own funds. His business was small and
apparently struggling. He owed large sums of money to
creditors, and he had failed to pay child support to two ex-
wives. The Republican Party eventually was forced to share some
of the $500,000 with Kojima's creditors, but it insisted on
keeping the rest, brushing aside evidence that Kojima was
probably a conduit for other donors, most likely businessmen in
Japan.
The Republican Party not only provided Kojima with access
to President Bush, but a party official wrote several letters
on Kojima's behalf, helping him secure meetings with U.S.
embassy and consular officials. The RNC even tried to help him
get appointments with foreign heads of government.
CONCLUSION
Johnny Chung has asserted in unsworn statements to
journalists that he was provided with access to the White House
as an explicit quid pro quo for political contributions. He
specifically linked a $50,000 contribution to his attendance,
with some foreign visitors, at a presidential radio address.
Although the evidence presented to this Committee does not
support those assertions, Chung's access was to the White House
was inappropriate and was probably influenced by his status as
a major DNC donor.
The Committee found no evidence that Margaret Williams
traded access for contributions or that her activities violated
federal laws prohibiting the solicitation of contributors on
federal property.
Several individuals involved in controversial activities
have been afforded access to senior administration figures in
both the Clinton and Bush Administrations. This was largely the
fault of inadequate vetting procedures used by the White House
and the national political parties. This problem should
diminish, since, as noted elsewhere in this Minority Report,
the White House and DNC have now tightened their vetting
procedures.
footnotes
1 Los Angeles Times, 3/1/97; New York Times, 2/22/97.
2 New York Times, 2/22/97.
3 New York Times, 2/22/97.
4 New York Times, 2/22/97.
5 New York Times, 2/22/97, citing interviews Chung had
given to Los Angeles business publications.
6 New York Times, 2/22/97, citing FEC records.
7 New York Times, 2/22/97, citing FEC records.
8 New York Times, 2/22/97.
9 New York Times, 2/22/97.
10 New York Times, 2/22/97.
11 Margaret Williams and Evan Ryan's offices were
located in Room 100 of the Old Executive Office Building.
12 Evan Ryan deposition, 8/7/97, pp. 11-12.
13 New York Times, 2/22/97: ``Associates [of Chung] say
he has used his impressive political access to cement business deals
with investors from China, Taiwan and Hong Kong . . . .''
14 New York Times, 2/22/97.
15 New York Times, 2/22/97.
16 New York Times, 2/22/97.
17 Time, 3/3/97.
18 Donald Fowler deposition, 5/21/97, pp. 154-55; see
discussion infra.
19 E-mail from Melanie B. Darby of the NSC, 4/7/97, EOP
5438-40.
20 E-mail from Robert L. Suettinger of the NSC, 4/7/97,
EOP 05438-40.
21 New York Times, 2/22/97.
22 New York Times, 2/22/97.
23 New York Times, 2/22/97.
24 Time, 2/24/97.
25 Los Angeles Times, 7/27/97.
26 Time, 3/3/97.
27 New York Times, 3/3/97.
28 Donald Fowler deposition, 5/21/97, pp. 154-55.
29 Donald Fowler deposition, 5/21/97, p. 323.
30 Margaret Williams deposition, 5/29/97, p. 198. She
reiterated this under oath to the Government Reform and Oversight
Committee of the House of Representatives, testifying that she did not
tell anyone at the DNC or in the President's office about Chung's
contribution, and that she did nothing, ``no matter how
insignificant,'' to help him secure an invitation to the presidential
radio address. House Government Reform and Oversight Committee Hearing
Transcript 11/13/97.
31 Margaret Williams deposition, 5/29/97, p. 198.
32 Margaret Williams deposition, 5/29/97, pp. 159-60.
33 Margaret Williams deposition, 5/29/97, p. 167.
34 Margaret Williams deposition, 5/29/97, p. 160.
35 Margaret Williams deposition, 5/29/97, p. 163.
36 Margaret Williams deposition, 5/29/97, p. 212.
37 Evan Ryan deposition, 8/7/97, pp. 74-75.
38 Time, 3/17/97, p. 20.
\39\ Los Angeles Times, 7/27/97.
\40\ Evan Ryan deposition, 8/7/97, pp. 74-75.
\41\ Evan Ryan deposition, 8/7/97, pp. 76-77.
\42\ Evan Ryan deposition, 8/7/97, p. 77.
\43\ Evan Ryan deposition, 8/7/97, pp. 84-85.
\44\ Evan Ryan deposition, 8/7/97, p. 150.
\45\ Evan Ryan deposition, 8/7/97, p. 163.
\46\ Evan Ryan deposition, 8/7/97, pp. 143-45.
\47\ 11/13/97 House Government Reform and Oversight Committee
Hearing transcript.
\48\ 11/13/97 House Government Reform and Oversight Committee
Hearing transcript.
\49\ Margaret Williams deposition, 5/29/97, pp. 181-82.
\50\ Margaret Williams deposition, 5/29/97, p. 182.
\51\ Evan Ryan deposition, 8/7/97, p. 145.
\52\ Summary of Secret Service WAVEs records relating to Chung, EOP
004560-63.
\53\ Margaret Williams deposition, 5/29/97, p. 230.
\54\ Evan Ryan deposition, 8/7/97, p. 116.
\55\ Margaret Williams deposition, 5/29/97 pp. 173-74; pp. 183-84.
\56\ Margaret Williams deposition, 5/29/97, p. 184.
\57\ Margaret Williams deposition, 5/29/97, p. 184. Ryan also
testified that Chung was very persistent and that Williams, by taking
the check from him, was saving herself from being stuck in a lengthy
conversation with Chung. Evan Ryan deposition, 8/7/97, pp. 153-54.
\58\ Margaret Williams deposition, 5/29/97, pp. 186, 233.
\59\ Margaret Williams deposition, 5/29/97, p. 232; Evan Ryan
deposition, 8/7/97, p. 155.
\60\ Margaret Williams deposition, 5/29/97, p. 174.
\61\ Margaret Williams deposition, 5/29/97, p. 184. During hearings
held by the House Government Reform and Oversight Committee Williams
reiterated that this was the first time anyone had ever come to the
office and handed her a political contribution. House Government Reform
and Oversight Committee hearing transcript, 11/13/97. No one has come
to the office to deliver her a contribution since this incident. House
Government Reform and Oversight Committee hearing transcript, 11/13/97.
\62\ Margaret Williams deposition, 5/29/97, p. 185.
\63\ Margaret Williams deposition, 5/29/97, pp. 185-86.
\64\ Margaret Williams deposition, 5/29/97, p. 186.
\65\ Margaret Williams deposition, 5/29/97, p. 232-33.
\66\ Margaret Williams deposition, 5/29/97, p. 186.
\67\ Los Angeles Times , 7/27/97.
\68\ Evan Ryan deposition, 8/7/97, p. 110.
\69\ Evan Ryan deposition, 8/7/97, p. 110.
\70\ Margaret Williams deposition, 5/29/97, p. 232.
\71\ 5 C.F.R. 734.101.
\72\ 5 C.F.R. 734.101.
\73\ Memorandum for James B. King, director, Office of Personnel
Management, from Walter Dellinger, Assistant Attorney General, Office
of Legal Counsel, p. 14 (1995) (hereinafter ``1995 DOJ Memorandum').
This opinion deals with personnel who administer the Federal Payroll
Allocation System, which permits federal employees to make voluntary
salary allotments to political action committees. According to the
opinion, those Office of Personnel Management staffers who administer
the salary-allotment procedure for PAC contributions do not violate 18
U.S.C. Sec. 607 because they are not actually receiving the money that
employees allocate to PACs.
\74\ 1995 DOJ Memorandum, p. 14 (quoting Contributions for
Political Purposes, 21 Op. Att'y Gen., 298, 300-01 (1896)).
\75\ Margaret Williams deposition, 5/29/97, p. 244.
\76\ Margaret Williams deposition, 5/29/97, pp. 244-45.
\77\ Margaret Williams deposition, 5/29/97, pp. 245-46.
\78\ Soft money contributions are not covered by the Federal
Election Campaign Act, and section 607 applies only to those
contributions that are so covered. See Chapter 24.
\79\ FEC Records.
\80\ See Letter from Attorney General Reno to Senator Orrin Hatch,
4/14/97 (regarding phone calls).
\81\ 5 C.F.R. 734.101; 1995 DOJ Memorandum.
\82\ Los Angeles Times, 12/10/96.
\83\ Los Angeles Times, 12/10/96.
\84\ New York Times, 3/22/97.
\85\ Chicago Tribune, 10/28/96.
\86\ Legal Times, 4/14/97.
\87\ Legal Times, 4/1/97.
\88\ USA Today, 12/10/96, citing notes taken by Janis Kearney.
\89\ Washington Post, 10/26/96.
\90\ Chicago Tribune, 10/28/96.
\91\ USA Today, 10/28/96; Washington Post, 10/26/96: In a letter to
Representatives Bob Livingston and Frank Wolf, Secret Service Director
Eljay Brown wrote, ``No member of the White House staff was informed of
Mr. Cabrera's criminal history as these records are for law enforcement
use only. There are no letters, memoranda, transcripts, electronic
mail, phone records, or other records detailing any communications from
the Secret Service to the White House.''
\92\ A Lexis-Nexis search would have turned up, among other things,
a UPI report dated 12/15/83 which notes that ``Jorge Luis Cabrera . . .
is charged with bribing a grand jury witness, smuggling marijuana and
engaging in racketeering.''
\93\ New York Times, 3/22/97.
\94\ Washington Post, 4/8/97.
\95\ Staff Interview with Nancy Soderberg, Advisor to the President
for National Security Affairs, National Security Council, 5/30/97.
\96\ Karen Hancox deposition, 6/9/97, p. 93.
\97\ Karen Hancox deposition, 6/9/97, pp. 55-58; see also Doug
Sosnik deposition, 6/20/97, p. 175.
\98\ Washington Post, 4/8/97.
\99\ Time, 7/8/96.
\100\ Press statement issued by RNC Chairman Haley Barbour, 11/3/
96.
\101\ Richmond Times Dispatch, 7/13/97.
\102\ AP Online, 7/30/97; New York Times, 2/3/97.
\103\ AP Online, 7/30/97.
\104\ Tampa Tribune, 2/3/97; New York Times, 2/3/97.
\105\ Staff Interview with Robert Suettinger, Director, Asian
Affairs, National Security Council, 6/3/97.
\106\ Austin-American Statesman, 3/30/97.
\107\ Austin-American Statesman, 3/30/97.
\108\ Austin-American Statesman, 3/30/97.
\109\ Washington Post, 3/16/97.
\110\ Senator Glenn, 7/9/97 Hrg., p. 154.
\111\ Senator Glenn, 7/9/97 Hrg., p. 155.
\112\ Staff Interview with Robert Suettinger, Director, Asian
Affairs, National Security Council, 6/3/97.
\113\ New York Daily News, 12/5/96.
\114\ Los Angeles Times, 8/19/97.
\115\ Los Angeles Times, 8/19/97; Washington Post, 12/1/97.
\116\ Los Angeles Times, 8/19/97.
\117\ United States v. Yung Soo Yoo, 833 F.2d 488 (3d Cir. 1987).
\118\ Los Angeles Times, 8/19/97.
\119\ FEC records.
\120\ FEC records.
\121\ Washington Post, 7/3/91; The Hill, 6/4/97; Star-Ledger, 4/15/
97.
\122\ New York Daily News, 11/21/96; New York Daily News, 4/11/97;
The Hill, 6/4/97.
\123\ Los Angeles Times, 8/19/97.
\124\ Albany (N.Y.) Times Union, 12/24/94; Bergen Record (Bergen
County, N.J.), 9/15/94.
\125\ FEC records.
\126\ New York Daily News, 11/21/96.
\127\ New York Daily News, 11/21/96.
\128\ New York Daily News, 11/21/96.
\129\ FEC records.