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Judgment day for 'Duke' Cunningham (Disgraced ex-congressman receives 100 months prison sentence)
San Diego Union - Tribune ^ | 3/3/06 | Karen Kucher, Greg Gross and Angelica Martinez

Posted on 03/03/2006 2:18:39 PM PST by NormsRevenge

SAN DIEGO – Former U.S. Rep. Randy “Duke” Cunningham arrived in San Diego's federal courthouse Friday morning for sentencing on bribery charges, flanked by his lawyers and surrounded by a crowd of news crews.

He looked gaunt and shaky as he entered a courtroom filled to capacity, with the news media taking seats in the jury box as well as some of those in the audience.

Inside, he was greeted and hugged by well-wishers, including Rep. Duncan Hunter, R-Alpine. When Father Joe Carroll arrived, he and Cunningham hugged and clasped hands in greeting. Carroll, who runs a local shelter for the homeless, took a seat directly behind the disgraced ex-congressman.

Willie Driscoll, who with Cunningham won fame in a Navy F-4 Phantom II over North Vietnam, also was in the courtroom.

With prosecutors seeking the maximum 10-year sentence, the defense opened with a counter-argument: Six is enough.

“What sentence is sufficient but not greater than necessary?” said defense attorney Lee Blalack.

Cunningham wiped his eyes as Blalack described the ex-congressman's actions as “quite egregious,” but still argued for the shortest possible sentence, calling six years “a substantial prison term.”

“This man has been humiliated by his own name,” Blalack said. “He is estranged by those he knows. He will go to jail. Under that scenario, no member of Congress can conclude that he got away.

“Given his age, health, life service . . . six years does it.”

Cunningham pleaded guilty Nov. 28 to tax evasion and conspiracy to commit bribery and honest-services fraud. He resigned from office the same day.

In their legal filings last month, prosecutors argued that he deserved the maximum sentence – the harshest ever given a congressman – because he “used his congressional office to get rich.”

“The length, breadth and depth of Cunningham's crimes against the people of the United States are unprecedented for a sitting Member of Congress. So, too, should be his sentence,” the federal prosecutors wrote.

“For the better part of a decade, Cunningham, in effect, erected a 'for sale' sign upon our nation's capital.”

In their written arguments, Cunningham's lawyers asked for the sentence of no more than six years, contending his health – he has suffered from prostate cancer and other ailments – probably gives him no more than seven years to live.

The defense cited Cunningham's military career and lengthy public service, and argued that he had already lost his home along with much of his belongings, and faces a massive tax bill over income he failed to report.

They also offered a statement from a psychiatrist who said Cunningham's corruption stemmed from “an outsized ego and a mantle of invulnerability” that enabled him to rationalize his actions.

Cunningham, a naval aviator, was a Vietnam war ace and a Top Gun pilot who rode that fame into political office. He was elected to Congress in 1990 and was elected again seven times, representing a large part of northern San Diego and much of the North County.

In 1998, he was named to the House Appropriations Committee, where he served on the defense subcommittee. He also sat on the House Intelligence Committee and was chairman of a subcommittee overseeing human intelligence analysis and counterintelligence.

Federal investigators began to investigate Cunningham's financial dealings after a Copley News Service story published in The San Diego Union-Tribune in June reported that a defense contractor bought Cunningham's Del Mar-area home and then sold it for a $700,000 loss.

Cunningham sold the house for $1.675 million in November 2003, but the buyer, defense contractor Mitchell Wade, never moved in and almost immediately put it back on the market. Wade sold it 261 days later for $975,000.

The federal investigation subsequently found that two contractors paid $2.4 million in bribes to Cunningham, who at one point created a “bribe menu” that spelled out the amount of money it would take to free up federal contracts.

Last Friday, Wade, 46, admitted in federal court he conspired to funnel more than $1 million in bribes to Cunningham.

Wade pleaded guilty to two counts of conspiracy and single counts of using interstate facilities to promote bribery and of election fraud. He faces a possible 11-year prison sentence and a fine.

The other contractor linked to the Cunningham bribes is Brent Wilkes, head of ADCS Inc., a defense contractor who lives in Poway.

Wilkes agreed to pay off a $525,000 mortgage on Cunningham's Rancho SantaFe home in exchange for $6 million in government funds, according to court documents.

When he pleaded guilty in November, Cunningham agreed to forfeit $1.8 million in bribes, his financial interest in the Rancho Santa Fe home he and his wife have since sold and a long list of antiques and other furnishings now to be auctioned off by the government.

Prosecutors say he also owes the IRS $1.57 million in back taxes, penalties and interest, although Cunningham and his lawyers dispute that amount.


TOPICS: Crime/Corruption; Front Page News; Government; US: California
KEYWORDS: california; crook; cunningham; disgraced; duke; dukecunningham; excongressman; judgmentday; scumbag; sentencing; witchhunt
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To: Patriot from Philly

The people don't think that Clinton was "disgraced." To paraphrase Rosalyn Carter, "Clinton makes people comfortable with their own sinfulness."


41 posted on 03/03/2006 5:07:12 PM PST by Theodore R. (Cowardice is forever!)
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To: flying Elvis
True, but they do not go on to betray their country.

I'm not defending the man, but I will say if john F'ing kerry had been on trial instead of a california Republican, I believe all we would have heard from the msm is......"But he's a WAR hero"......"His mind was screwed in that terrible Vietnam war"......."Does he deserve more than Martha Stewart, she made MILLIONS but only served six months".......blah, blah blah.

The MSM played this to the hilt, all dems are clean white sheets and the Republicans are corrupted. Did "duke" deserve 8 years? Yes. Was this a MSM feeding frenzy? Yes. Would BJ clinton or oldsmobile kennedy get the same sentence......?

42 posted on 03/03/2006 5:16:44 PM PST by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: ScreamingFist

I can't disagree with you there. The double standard is plain to see.


43 posted on 03/03/2006 5:18:04 PM PST by flying Elvis
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To: flying Elvis

Cunningham is a big-time boozer, isn't he? I have a memory of him being drunk when he was interviewed on local SD television in 1990 on election night. But I could be wrong.


44 posted on 03/03/2006 5:20:41 PM PST by GSWarrior
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To: NormsRevenge

He should have got a firing squad.


45 posted on 03/03/2006 5:23:58 PM PST by Fledermaus (I've regretfully come to the conclusion the current Bush presidency and GOP governance are failures.)
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To: All
Speaker Hastert Comments on the Cunningham Sentencing

WASHINGTON, March 3 /U.S. Newswire/ -- Speaker of the House J. Dennis Hastert (R-IL) today released the following statement regarding the sentencing of former Representative Randy "Duke" Cunningham:

"The court has handed Congressman Cunningham the punishment for the crimes he committed. This sentence should send a strong message that no one is above breaking our nation's laws including, the Members of Congress who make them. It is my hope that Congressman Cunningham will spend his incarceration thinking long and hard about how he broke the trust of the voters that elected him and those on Capitol Hill who served with him."

http://www.usnewswire.com/

46 posted on 03/03/2006 5:33:15 PM PST by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: NormsRevenge

So long, Duke. Say hi to Bubba for me.

P.S. Don't drop the soap!


47 posted on 03/03/2006 6:24:00 PM PST by rottndog (WOOF!!!!)
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To: PISANO
100 Months in the pokey!


100 Months gettin poked in the pokey!
48 posted on 03/03/2006 6:27:09 PM PST by rottndog (WOOF!!!!)
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To: DManA
Make him walk through past a line of citizens and let us spit on the disgusting pig.



The right way for us Freepers not spare a crook from our party!!!
Has he had a (D) party affiliation, randy rhodes and conyers would have had all kinds of excuse for a guy like that!!!
49 posted on 03/03/2006 7:34:45 PM PST by danamco
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To: danamco

It wouldn't take all that many more Cunninghams and bam! We're another Mexico. And where could WE escape to?


50 posted on 03/03/2006 8:03:39 PM PST by DManA
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To: NormsRevenge

A real tragedy. He not only "was a Top gun pilot", he designed the program if I recall correctly. What a fall.


51 posted on 03/03/2006 9:04:51 PM PST by Pelham
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To: Mad_Tom_Rackham
an outsized ego and a mantle of invulnerability”

A not unusual trait in fighter pilots.

52 posted on 03/03/2006 9:11:28 PM PST by Pelham
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To: NormsRevenge

Final judgment awaits us all.


53 posted on 03/04/2006 5:40:03 AM PST by mtntop3 ("He who must know before he believes will never come to full knowledge.")
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To: GSWarrior

Are they allowed liquor in prison if their families send it in?


54 posted on 03/04/2006 7:48:23 AM PST by Theodore R. (Cowardice is forever!)
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