George W. in Clinton-like trouble- Texas Law Reporter

Nathan Newman nathan.newman at yale.edu
Tue Aug 17 08:20:10 PDT 1999


Followup article on George W.'s funeral scandal. While helping out friends in business is pretty par for the course for public officials (like adultery with subordinates apparently as Newt reminded us this week), the kicker here is that Georgie Junior has submitted an affadavit which his business buddy seems to be contradicting. While the article notes Bush's attempts to remake his affadavit to fit the new allegations, the GOPers may find it hard to support Bush given their exorciation of Clinton for his tortured definitions of what "is" is.

And the extra kicker parallel is that ol' Michael Isikoff is the NEWSWEEK reporter on Bush's ass. --Nathan Newman ===============================================

Bush Affidavit Refuted

Statement in whistle-blower case at issue

Janet Elliott Texas Lawyer August 16, 1999

Gov. George W. Bush’s sworn denial that he had no conversation with any Service Corporation International officials, agents or representatives concerning a state investigation into the funeral company giant is being tested by comments an SCI lawyer made to a Newsweek reporter.

Johnnie B. Rogers, an Austin lawyer who represents SCI, told Michael Isikoff that he and SCI chief executive Robert Waltrip were at the governor’s office April 15, 1998 to drop off a letter to the chairman of the Texas Funeral Services Commission demanding a halt to the investigation of embalming practices at SCI funeral homes.

Isikoff, who helped break the Monica Lewinsky scandal, quotes Rogers recounting how he and Waltrip were in the office of Bush chief of staff Joe Allbaugh when Bush popped his head in.

Rogers told Newsweek that Bush saw Waltrip, a longtime family friend, and said: "Hey Bobby, are those people still messing with you?" When Waltrip said they were, Rogers recalled that the governor turned to him and said, "Hey, Johnnie B. Are you taking care of him?"

"I’m doing my best, governor," Rogers said he replied.

If the conversation occurred, it appears at odds with a sworn affidavit Bush gave July 20 as part of his effort to avoid giving a deposition in a whistle-blower case against the funeral commission, Waltrip and SCI filed by Eliza May, the former executive director of the funeral commission. May alleges that the governor had her fired in February because of her agency’s investigation into SCI. The governor’s office has denied any involvement in May’s firing.

Austin’s Derek Howard, who represents May, says the conversation attributed to Bush appears to "directly contradict" the governor’s sworn affidavit that he had no conversation with any SCI representatives "concerning any dispute arising from this investigation."

"I have no personal knowledge of relevant facts of the investigation nor do I have any personal knowledge of relevant facts concerning any dispute arising from this investigation," Bush said in the affidavit.

"He obviously has some personal knowledge of relevant facts because he has this conversation with Johnnie B.," says Howard.

Rogers, a former Austin state senator described by Newsweek as "folksy," was warned not to talk to reporters. Now his comments could produce a heap of new legal maneuvering, including a sanctions motion.

It also could impact Bush’s ability to avoid a deposition. The motion to quash Bush’s deposition filed by Assistant AG Dona Hamilton states that May has no evidence of personal involvement on the governor’s part. It relies on the governor’s affidavit that he had no knowledge of any fact relevant to May’s suit.

Bush press aide Linda Edwards says the conversation recounted by Rogers isn’ t a discrepancy with Bush’s affidavit.

"As we’ve always said, Gov. Bush had a very brief off-the-cuff exchange with Mr. Waltrip as [Bush] was headed out the door," Edwards says. "He recalls it was not substantive, but does not recall the exact words exchanged."

SCI spokesman Bill Miller says the conversation recounted by Rogers was a "jocular exchange" typical of Bush’s conversational style. He says it does not reflect any knowledge by Bush of relevant facts.

Bush has received $35,000 in campaign contributions since 1996 from SCI’s political action committee. An Aug. 30 hearing is set in Travis County District Court to determine whether Bush should be deposed.



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