The Devil And Stan Twardy

The Devil, it is sometimes said, lies in the details.

The Devil did not show his hand in the Twardy investigation of Speaker of the House Chris Donovan’s tawdry campaign for the U.S. House in Connecticut’s 5^thDistrict.

Mr. Donovan’s former finance director was arrested by the FBI in a sting operation in which straw contributors, the FBI showed in an arrest affidavit, violated campaign finance regulations. FBI investigators almost certainly are squeezing some of the principals involved in Speakergate to obtain from them information their lawyers have denied to Mr. Twardy.

Virtually all Mr. Donovan’s Republican campaign opponents have said Mr. Donovan either did or did not know that his finance director, Robert Braddock, was, to put it kindly, delinquent in avoiding the near occasion of arrest. If Mr. Donovan knew about the financing irregularities that led to Mr. Braddock’s arrest, he was participating in corrupt activity; and if he did not know, he is not competent, most of his rivals say, to become a U.S. Representative. Mr. Donovan’s Democratic primary opponent, Dan Roberti, has similarly spanked Mr. Donovan.

There is no painless way to escape the perilous jaws of this Either-Or.Former U.S. Attorney Stanley Twardy's report on Mr. Donovan’s connection with his office is depressingly uninformative.

Mr. Twardy – sidestepping Will Rogers’ apothegm: “It’s not what you know that can hurt you; it’s what you doknow that ain’t so” – has presented Connecticut with a partial investigation. Many of the principals caught up in the FBI investigation refused on advice of council to be interviewed by Mr. Twardy, according to a Hartford Courant story. Any exculpatory conclusion drawn from unexamined facts is bound to be provisional.

The FBI’s investigation of Mr. Donovan’s political operations is certain to be more thorough. Even now, agents of the FBI or the State’s Attorney charged with prosecuting the case are squeezing principals whose lawyers have declined to speak to Mr. Twardy.

Mr. Donovan’s Republican opponent Mark Greenberg , who earlier called upon Mr. Donovan to drop his campaign and resign his Speaker position, issued a statement following Mr. Twardy’s media release that seems pertinent:

“By Mr. Twardy’s own admission, his report is incomplete and it leaves many questions unanswered. Much of the important relevant information was not forthcoming, and the investigation was hampered by the inability of Mr. Twardy to interview or receive documents from the principles in this scandal. People who commit crimes are not often reckless enough to leave a paper or email trail– the absence of such documentation is not surprising and accordingly, the“independent” investigation is certainly not conclusive. Unfortunately, the cloud of this campaign finance scandal will continue to hang over Donovan’s campaign until the federal investigation is concluded.

“Once again, I call on Chris Donovan to suspend his campaign for Congress. Nothing in the internal investigation diminishes the fact that the Speaker either knew or should have known of the illegal activity in his campaign. Whether it is a gross violation of the public trust or gross mismanagement, Chris Donovan is not an individual who should represent Connecticut in the United States Congress.”

The Donovan crisis is still unfolding.

House Grills Donovan

“Embattled” is a word you do not want waltzing around with your name on the eve of a U.S. Congressional election. “Embattled 5th District Congress candidate Chris Donovan,” the Register Citizen reported, “in a taping of WFSB TV’s ‘Face the State’ Thursday, said he has no plans to quit the race even if his campaign’s troubles start to adversely affect other Democrats and party leaders urge him to leave.

Mr. Donovan is under scrutiny by the FBI for campaign financing irregularities. His campaign finance director, Robert Braddock, is under arrest for having conspired to hide the identity of certain donors allegedly involved in influence peddling; and other Donovan connected officials, two of whom are directly connected with his U.S. Senate campaign, have been named in an affidavit supporting the arrest of Mr. Braddock.

Thanks to some impressive digging and nagging by manyreporters, the influence peddlers –tagged anonymously in the affidavit as CC1, CC2 and CC3 -- have now been identified as: Ray Soucy, a labor union activist and a vigorous supporter of Mr. Donovan lately suspended from his position as a correction industries supervisor at Cheshire state prison (CC1); a former “roll your own” smoke shop worker in Waterbury (CC2); and Joshua Nassi, Mr. Donovan’s fired campaign manager (CC3).

As the story unfolded, an uppity Governor Dannell Malloy, who has managed to shove his finger in many political and judicial pies, at first called upon Mr. Dovovan to make himself available to Connecticut’s media for questioning, demanding in rather stern tones that Mr. Donovan give “a full explanation of what he knows." Eventually, the governor calmed down.

Mr. Donovan and all the co-conspirators promptly lawyered-up. Stan Twardy, best known for his service in the administration of former Governor Lowell Weicker, the father of Connecticut’s income tax, was hauled in to conduct an in-house examination of the tangled web in the House Speaker’s office. Mr. Donovan hired a criminal lawyer, who advised her client that he was to respond to every media inquiry concerning the FBI investigation by saying he did not intend to comment on such matters, except to say, as he did repeatedly during the interview with Mr. House, that he was innocent of wrongdoing.

Apparently content that Mr. Donovan had done everything possible to satisfy the curiosity of Connecticut’s media – the same persistent interrogators who had forced the resignation from office of former Republican state Senate leader Lou DeLuca in a previous FBI sting operation-- Mr. Malloy, once an empathetic prosecutor, took a nap, convinced that Mr. Donovan had sufficiently teffloned himself. If Mr. Donovan were to excite among senators and the media the same sense of outrage that nudged Mr. DeLuca from office, the General Assembly would be burbling at this moment with whispers of hearings and impeachment.

"He's met the test of dismissing the individuals,” the governor said of Mr. Donovan.“He has said he had no prior knowledge. He's come forward to speak to the public," Malloy said. "I think the rest of it is up to the speaker and the public” … And Mr. House, who found himself face to face on Face the State with a political armadillo.

When Mr. House noted that neither the governor nor U.S. Representative Chris Murphy, whose seat Mr. Donovan hoped to commandeer, had endorsed him, the Speaker replied that Mr. Malloy was drawn to his Democratic primary opponent Elizabeth Esty, whose husband Daniel is Mr. Malloy’s Commissioner of the Connecticut Department of Energy and Environmental Protection (DEEP), and then he tossed Harry Truman at Mr. House: “If you want a friend in Washington, get a dog.”

Off in the distance, Leo Canty, one of the best know union operatives in the state, could be heard chanting, “There’s always people and events that will trip you up. This is just a slight trip in this race. … This is a hiccup and a glitch.” At an earlier union rally in Hartford, Mr. Donovan invoked the shade of Franklin Roosevelt.

“’I have my head held high. No one bought my involvement or my influence on any legislation, period,’ the embattled Speaker said. Touching on the controversy only in passing, Mr. Donovan said he wanted to talk about “fairness, dignity, respect. You take the first letter of each of them and what you get?-- ‘FDR.’”

Mr. Donovan boasted to Mr. House that he would win his primary against his two Democratic opponents, neither of whom is under investigation for possible influence peddling. When Mr. House gently prodded the Speaker, asking what would happen to his best laid plans should he be arrested, Mr. Donovan, according to Mr. House, “bristled.”

Frothing

The Donovan sting, now referred to by Tom Dudchik of Capitol Report as “Speakergate,” continues to froth.

CC-1 (Co-Conspirator 1), the FBI canary who helped to turn the tables on Robert Braddock, the former finance director of Speaker of the State House Chris Donovan’s U.S. House bid, has now been identified as Ray Soucy, a correctional industries supervisor at the Cheshire prison complex, according to a Hartford Courant story.

Just before Mr. Donovan was about to be pummeled over the weekend by Connecticut’s media, the Speaker, who has rejected calls that he quit the state House and terminate his campaign for the U.S. House in Connecticut’s 5th District, fired Mr. Braddock and hired Tom Swan, the director of the left of center Connecticut Citizen Action Group, to replace his former campaign manager, who was also fired.

Even as Mr. Swan stepped before the Media to say he had looked Mr. Donovan squarely in the eye and asked him point blank whether he was in any way connected with this sordid “Speakergate” business, the media in the crowd were growing restive.

Where was Donovan? Why do we have to endure this flack?

Mr. Swan assured everyone that Mr. Donovan was innocent and unblemished:

“I want to start off and say unequivocally, Chris did nothing wrong, and if I thought for one second there was a question about that, I wouldn’t be standing here today. I have a beautiful, 15-month-old daughter that I’d much rather be hanging out [with] than talking with all of you wonderful people here today.

“When I sat down with him, and I’ve known Chris for 18 years now and worked very closely with him, I looked him right in the eye and I said,‘Is there any truth to this and did you do anything wrong?’ And he looked me in the eye, and he said no. I agreed to take over this campaign because in my 18 years in this state, nobody has done more to clean up corruption and fight to protect democracy and working families than Chris Donovan.”

Mr. Swan said Mr. Donovan was sometimes disappointed, other times angry and more than anxious to get to the bottom of this mess –preferably, one supposes, before his campaign for the U.S. House disappears in a puff of media smoke. Surely, Mr. Donovan would not lie to his old friend Mr. Swan.

“In the fight of his political life, Chris Donovan blew what could be his last chance” one commentator wrote.“The House Speaker and 5th District Congressional candidate embroiled in an ugly campaign scandal should have stepped up to the podium Friday afternoon and declared that he had been betrayed by trusted staff members. He had a shining chance to declare not only did he know nothing about the money-for-influence scheme the FBI alleges his trusted aides were up to their necks in, but that he is outraged.”

Any lawyer – for a fee, of course – would be happy to explain why Mr. Donovan had rented out his tongue to Mr. Swan following the arrest of his campaign finance director on a charge that he had illegally concealed the source of funds pouring into Mr. Donovan’s campaign.

It’s like this: No one knows the full extent of what the FBI discovered in its investigation. And in the absence of such details, the published revelations in the affidavit used by an FBI plant to secure an arrest warrant for Mr. Braddock aside, anything Mr. Donovan says to the media may be held against him in a court of law.

It is only a matter of time before Mr. Swan trots out the tried and true media swerve in defense of his old friend: Mr. Donovan finds he is unable to respond personally to questions relating to “an ongoing investigation.”

One of the lawyers hovering about Mr. Donovan is former U.S. Attorney Stanley Twardy, hired by the Speaker to investigate all contributions to his campaign for Congress. Like Mr. Swan, Mr. Twardy is a battle scarred veteran of political campaigns, having served as chief of staff to Governor Lowell P. Weicker from January 1991 through February 1993. It will be recalled that then Governor Weicker forced his income tax through a somewhat tax shy legislature in 1991, heady times for Mr. Twardy. Presently Mr. Twardy is a Managing Partner of Day Pitney LLP and heads the firm’s White Collar Defense and Internal Investigations practice group.

If Mr. Twardy has not yet advised his client to button up until the discovery process has flushed out all the potentially incriminating evidence against him, if any, he is not earning his salary at Day Pitney. There is little reason to suppose that Mr. Donovan’s conscience will in coming days allow his valor to overcome his legal and political discretion.

However, a valorous General Assembly might well consider a congressional hearing to bring the facts of the case to light. There is no reason why multiple inquiries should not go forward at the same time. An investigation by Mr. Donovan’s peers may help in restoring Connecticut citizen’s shattered belief in “government’s ability to carry out its responsibilities,”Governor Malloy’s sorrowful expression when news first was brought to him concerning “Speakergate.”