TPMmuckraker | Talking Points Memo | All Muck is Local: West Virginia

All Muck is Local: West Virginia

By Will Thomas - August 12, 2007, 11:36AM

Call it a case of mistaken prosecution. West Virginia State Senator Oshel Craigo (D-WV) went down to defeat in 2002 after Republicans (drawing on tight ties to the state's U.S. attorney) spread the word that he was under federal investigation. But it's a funny thing: Craigo was never actually prosecuted. And now his successor Lisa Smith (R), who rose to victory on the news of Craigo's legal troubles, is headed to jail for the same crime.

Smith acknowledged in her plea that she and her husband committed tax fraud by not paying the IRS employment taxes generated by their in-home health care companies. But, more interesting to Local Muck fans (both of them), Smith has also admitted that she intentionally created and submitted a false campaign finance statement during her 2002 state senate bid. Smith made up records that $15,000 had been contributed to her campaign by friends and family; the money actually came from her own pocket. Ironically, it was allegations of campaign finance fraud that helped Smith win office back in 2002.

Smith began her political career in 2000 when she was elected to the West Virginia state house. In 2002, she challenged Democratic incumbent Oshel Craigo for his state senate seat, in what became the most expensive race of the season.

Only a few weeks before a tight general election, the local Republican committee sent around press releases claiming that Craigo was under federal investigation for falsely filing a campaign finance report. The press ran with the story, and Craigo lost the race. He blamed the press stories for his loss, and he wasn’t the only one. Gary Abernath, former state Republican Party executive director, said in 2005 that, “the investigation itself never did seem to yield any results, but the publicizing of it no doubt led to Craigo's defeat."

Abernathy would know; he played a key role in pushing the story to the media. But who gave him the the tip on the investigation? Abernanthy got the lead from Kris Warner, then chairman of the West Virginia Republican Committee. If the Warner name sounds familiar, it might be because his brother Kasey Warner was a U.S. Attorney who was a brief tangent in this year’s firing scandal.* The Warners are third generation West Virginia Republicans; their brother got in trouble in 2004 for printing "Bush/Warner" signs without the President's permission.

So the local U.S. Attorney executed an investigation weeks before a close race. Meanwhile, his brother somehow informs the local Republican party of the investigation, and the scandal makes front page news right before election day. Abernathy didn't miss the connection in an interview with the State Journal:

"Kris told me he thought the information was legitimate, and we did a series of press releases on the subject, which became a big media story," Abernathy writes. "Of course, the fact that Kris' brother, Kasey, was the U.S. attorney whose office was doing the investigation brought howls of protest from the Democrats suggesting that Kasey was tipping off Kris for political purposes.

I never witnessed any such communication between the brothers, but I also knew well who my chairman's brother was," he continues. "If Kris told me a tip seemed legitimate, I couldn't deny feeling safer about doing a press release on the subject."

Indeed.

Despite the win, Smith didn’t last long in office. She resigned her position after only two years, ostensibly for reasons of mental illness. Her indictment came quite soon after (she was briefly declared mentally unfit for trial, and was assigned court-ordered therapy). And irrespective of the imbroglio that surrounded the state senate election, a new local U.S. attorney has found a charge of mail fraud that sticks. Smith and her husband are set for sentencing in November, where they are expected to receive five years in prison.

*Kasey Warner was mentioned as a possible tenth fired U.S. attorney after claiming publicly that he had been run out of office without good reason. However, Steven Benen noted on TPM that Warner was one of the few attorneys who appeared on firing lists compiled both by Kyle Sampson and former Deputy Attorney General James Comey. The Next Hurrah, after comparing Warner’s own statements of his firing with testimony given by Comey, has suggested that Warner might even have been one of two attorneys that Comey fired while still at the Justice Department.

Comments (19)

Mark Richards wrote on August 12, 2007 12:47 PM:

Pathetic, but in keeping with the shortage of worker bees and its own tendencies, the maladministration elevates even those with mental illness to positions of power. Then it uses the force of its twisted "justice" department to keep it all under control.

Criminals and illegal aliens are sent to fight our wars. Nutcases (many still in office) are sent to rubber-stamp the regime. And winding it all up, religion, notably a wacko fundamentalist type of christianity, is used to gain legitimacy (a weakening crutch) and protection (unwritten custom: not nice to criticize religion).

Someone tell me this perspective is unfounded.

...

Right. Thought so.

Roberta wrote on August 12, 2007 12:48 PM:

To those two muckrakers: Let Mr. Craigo know about this blog. Once news like this goes national, more information comes to light.

The original articles notes that Craigo is not planning legal action against the Warners, but anyone who knows the inside scoop about why Kasey Warner started the investigation should come forward. I hope Craigo sues the Warners if for no other reason than to see if the idea originated somewhere in Washington. Can this, too, be traced back to Rove?

The original article notes "Craigo has other evidence that the federal investigation, which turned up nothing, was a political move brought on by the Warners."

Maybe Mr. Craigo is just waiting for more corroboration to move forward. I think he deserves all the help he can get.

Claudia Martin wrote on August 12, 2007 12:50 PM:

Make that 3 Muck fans. I have been a fan of TPM, especially Muckraker, for several years and read your blog everyday. Thanks for the absolutely incredible work! I, and I am sure many others, count on you to tell us the truth when the MSM does not. Oshel Craigo was a good legislator and Lisa Smith is...muck!

diane wrote on August 12, 2007 2:35 PM:

Mr Craigo should sue.
This is a blatant mis use of power and it needs to see the light of day.
How many other "similar" incidents happened during the last election?
It needs to stop and the only way this "group" stops is if they are caught~

brianm0122 wrote on August 12, 2007 4:02 PM:

>Mr Craigo should sue<

Mr Craigo should sue? The state attorney general should sue, if only to show that the government is legitimate....

Weave wrote on August 12, 2007 4:29 PM:

Anyone notice this headine under the "More News" section when reading the article on the Gazette-Mail web site?

"Blankenship sues W.Va. Democrat Party"
By Andrew Clevenger

I wonder how willing the Gazette-Mail was in spreading the rumor about the Craigo investigation back in 2002?

Considering that their editors are partisan Republics, I'd say they were willing co-consprirators.

BobFred wrote on August 12, 2007 5:08 PM:

The next time a Republican on one of the Judiciary Committees says that there is no crime involved in the US Attorney scandal Democrats should bring up this case. And they should be loud and nasty about it so they get some clips on cable news and on YouTube, it is the only way this case will get the attention of the public.

This is what happens when Justice is politicized, the next time it will be a US House or Senate seat – if it hasn’t happened already. If Warner was on both Sampson’s and Comey’s list then it may be a case of being too obvious about politicizing a prosecution to tip an election. After all he was just doing what the AG expected of a US Attorney but didn’t bother to notice that Smith had her own problems. How many other USAs feel they have to do the same kind of thing just to keep their job?

libra wrote on August 12, 2007 6:20 PM:

if the "I must have been out of my cotton-pickin' mind when I ran for senate" defence worked once, why shouldn't it work the second time. I.e., why is she expected to get nailed and jailed for mail fraud after she got off scott-free for spreading false rumours and accusations (election fraud)?

The Oracle wrote on August 12, 2007 8:48 PM:

So the Nixon-like "dirty tricks" began shortly after Bush, Cheney, Gonzales and Rove entered the White House.

Gee, who would have thunk it?

They stole the 2000 presidential elections, after a majority of U.S. citizens voted to keep these crooks out of the White House.

Upon entering, they immediately started politicizing every department in the executive branch, pushing out patriotic U.S. citizens who might get in the way of their nefarious agenda.

The damage that these Four Horsemen of the Apocalype (Bush, Cheney, Gonzales and Rove) have done to our democracy, our Constitution, our Bill of Rights, is incalculable...and will haunt the children of our great nation for decades to come.

jo6pac wrote on August 12, 2007 10:48 PM:

It's always nice to hear some good new for a change. Make that 10 fans
jo6pac

Carol Lam wrote on August 13, 2007 12:38 AM:

There is a very interesting comment on Blackwater in the Daily Kos at

http://www.dailykos.com/story/2007/3/31/91222/2016

It is a comment on an earlier, very interesting review of Jeremy Scahill's much read book "Blackwater".

The author calls military privatization the "Soft underbelly" of the Bush administration and proposes a way of attacking it.

I am especially intrigued by his statement: "And what will Bush say -- that democrats refuse to support our 'contractors'?"

Thanks to all you people who are writing/reading this blog and keeping the issue alive in western Illinois. Who would have thunk it!

Blackwater Seeps into Illinois

Silently among the rolling hills 10 miles from the beautiful Mississippi Palisades, down a country road like fog from the river moving through trees comes a dark presence to disturb the countryside with gun shots. It is not hunters looking for deer this time. It is not children with air rifles shooting pellets at tin cans on fence posts. This time the shots will be from the latest and most sophisticated weapons in the hands of those who are being trained in the art of killing. They are learning the skills required to survive in the quagmire of violence they will soon enter.

The gunshots that will fill the fresh country air of Carroll county this spring will be men and women, most of them former military personal, training to be the new corporate warriors. Seeping in among
the trees and fields surrounding Mt. Carroll, the 'community that cares,' is a different kind of flood, it
is thicker than water, it is the presence of Blackwater, one of the fastest growing of the private military companies that are becoming a critical part of 21st century warfare. Bear paw logos in this area that has no real bears anymore, will now be appearing everywhere.

http://noprivatearmies.blogspot.com/

Discussion Page for Strategy

Hello Everyone.

This is a place to discuss strategy and tactics related to the Blackwater Project. To start or join the
discussion, click on the comments button below, and post away.

JEP wrote on August 13, 2007 10:37 AM:

"Indeed."

Ditto that indeed...

Anonymous wrote on August 13, 2007 10:43 AM:

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All Muck is Local: West Virginia

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