To: Cisco who wrote (775 ) 10/8/2000 7:46:55 PM From: Cisco Respond to of 1719 Oct. 8 — The FBI has made a case to a grand jury that federal laws may have been broken in the case of Republican presidential candidate George W. Bush’s debate preparation material, which was somehow mailed to an associate of his Democratic rival, Al Gore. Sources familiar with the investigation tell ABCNEWS that a sitting grand jury in Washington has issued subpoenas to the Bush campaign and its media consulting firm, Maverick Media, for documents and other materials sought by the FBI. A Bush representative said today the campaign has received a subpoena asking for any Maverick contracts and confidentiality agreements. The subpoena also called for the campaign’s employee handbook and a list of those given access to the debate tape and briefing books that were mailed from Austin, Texas, to Gore friend Tom Downey, who immediately turned the material over to authorities. The campaign pledges to comply with this subpoena by the deadline, at the end of next week. In fact, the representative said, the entire list of subpoenaed material was suggested by the Bush team in a conversation campaign manager Joe Allbaugh had with the FBI on Sept. 15. They are “pleased,” the spokesperson said, that the FBI is moving to solve the case. Mark McKinnon, head of Maverick, has hired Houston lawyer Rusty Hardin to represent him and his company in the case. Hardin told ABCNEWS today he is confident his client “is definitely not a target” of the FBI investigation. “There was some reluctance from Mark to even hire a lawyer because he didn’t want it to look like things have changed,” Hardin said. But complying with subpoenas and FBI interview requests has proved taxing for the small Austin-based firm, Hardin said, prompting McKinnon to bring him in to help “coordinate the cooperation.” Hardin would not comment on what has been subpoenaed from Maverick, saying only that McKinnon has cooperated with the FBI and would continue to do so. ABCNEWS’ Beverley Lumpkin reports the Justice Department is now treating this as a possible case of mail fraud, rather than using a statute outlawing “theft or bribery concerning programs receiving federal funds,” or the ITSP, “interstate transportation of stolen property.” To convict on the latter two charges, it would be necessary to prove that the material in question had a value of $5,000 or more, and placing a value on the purloined Bush tape and documents could be problematic. Under the subpoena received Friday, the Bush campaign has been asked to turn over receipts and other documents that could determine whether the value of the materials exceeds the $5,000 threshhold. Under consideration now is a fairly new mail fraud statute, one that makes it a crime to send something through the mail when one has the duty to render good and faithful service. Thus, no financial loss has to be proved. One prosecutor opined, as a preliminary assessment, that such a case could — and probably should — be made in this case. ”Such nasty shenanigans ought to be stopped,” he said, noting that prosecution in this case might serve as an effective deterrent. dailynews.yahoo.com