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Ranchers.net

This is starting to bring back memories of Tricky Dick's "I'm not a crook" and Slick Willys "what is sex" definition game. If our public servants can't be open and honest with the voters and their constituents over fear of what they say might incriminate them, then its time for them to go bye-bye...We shouldn't have to be paying for a crib full of Philadelphia attoneys to have to act as their mouthpieces- no matter what party they belong to..... :( :cry:

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Burns still not off hook, Demos say
By JENNIFER McKEE
Gazette State Bureau

HELENA - Sen. Conrad Burns' re-election campaign said this week that Burns is not the "target" of an ongoing federal probe into lobbying and corruption, but that doesn't mean the three-term incumbent is not a "subject" of the probe.

The distinction stems from definitions spelled out in an exhaustive U.S. Justice Department manual. It defines the "target" of an investigation as someone about whom "substantial evidence linking him or her to the commission of a crime" exists. Targets of investigations are presumed to be prospects for being charged.

Burns could still be investigated

The manual defines "subject" as a "person whose conduct is within the scope of" an investigation. Ralph Caccia, Burns' Washington-based criminal defense attorney, spoke this week with Justice Department officials, who confirmed that Burns was not a target of the investigation.

Asked if Burns might be the subject of an investigation, Erik Iverson, Burns's campaign manager, said he was "not going to speculate."

The campaign did not make Caccia available for comment.

Iverson said Caccia's conversation with the Justice Department came in response to comments this week by Jim Farrell, executive director of the Montana Democratic Party. Farrell told a Montana television station that "we know from many sources now that Senator Conrad Burns is the target, in fact, the center of this (investigation)."

'Specific allegation'

Iverson said Farrell was referring to the Justice Department definition of "target."

"These guys are making a very specific allegation," Iverson said, an allegation that is false.

Iverson said the agency has never contacted Burns and aside from an initial letter Burns sent the agency late last year promising cooperation and Caccia's latest discussion, there have been no communications between the senator's office and investigators.

"The only word we've ever gotten from the Justice Department is to say Burns is not a target," Iverson said. "Beyond that, Senator Burns has pledged his full cooperation. He's done that and he'll continue to do that."

A Justice Department spokesman did not return phone calls Wednesday seeking comment. The agency has steadfastly refused to comment on the case.

Local and national press reports have linked Burns to Jack Abramoff, a former lobbyist who has pleaded guilty to a host of federal corruption charges stemming from lobbying abuses. Abramoff is at the center of the ongoing Justice Department probe.

An Ohio congressman, Republican Rep. Robert Ney, pleaded guilty earlier this month to two conspiracy counts involving Abramoff's lobbying abuses.

Burns received roughly $150,000 in Abramoff-related campaign donations, the most of any member of Congress, although he returned or gave away the money after the scandal broke. Two members of Burns's staff also attended the 2001 Super Bowl at Abramoff's invitation and expense.

Matt McKenna, a spokesman for Burns's Democratic opponent, Jon Tester, also called Burns a target in the Justice Department probe.

Both Farrell and McKenna said they weren't aware of the federal definition of "target" when they made their statements.

"I don't have a $600-an-hour criminal defense attorney like Senator Burns, so that subtlety was lost on me," McKenna said.

Saying Farrell made "intentionally misleading and deceptive claims" about Burns being a target in the investigation, Karl Ohs, chairman of the Montana Republican Party, on Wednesday asked Farrell to step down as head of the Montana Democrats.

Farrell said he "would resign when Burns resigns and we can end this dispute today."

Farrell said he stands by his belief that Burns is part of the investigation. He said more than 20 newspapers, magazines and other news outlets have reported the story and the Justice Department has never come forward to correct the claim. When ABC News erroneously reported earlier that House Speaker Dennis Hastert, R-Ill., was also linked to the Abramoff probe, the agency corrected the inaccurate story, he said.

"If Senator Burns is not under investigation, why has the Department of Justice remained silent?" Farrell said.

Iverson countered that tying Burns to Abramoff has been part of the Democrats' campaign strategy for months, even though Burns has never been contacted by the agency.

Democrats, he said, "have created an entire campaign strategy around this issue and yesterday it evaporated on them," he said. "Facts are the facts, and the fact is Burns is not a target of this investigation."
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