Waco Probe's Chief Deputy Is Also Under Investigation

By Jerry Seper
THE WASHINGTON TIMES
September 21, 1999

The former federal prosecutor named by Waco special counsel John C. Danforth as his chief deputy is himself under investigation by the Justice Department for suspected misuse of government funds during a referendum in Missouri.

Edward L. Dowd Jr., the U.S. attorney in St. Louis who resigned his post Sept. 9 to accept the No. 2 spot in the Waco probe, is the focus of an ongoing inquiry by the Justice Department's Office of Inspector General.

The Dowd query was sought in March by Sen. Christopher S. Bond, Missouri Republican, who asked Attorney General Janet Reno to order Mr. Dowd to "cease and desist" in what he called a "systematic grass-roots lobbying campaign" to defeat a Missouri referendum in April that would have lifted a ban on the carrying of concealed weapons.

"It is my understanding that current federal law prohibits the department from using its federal appropriations for 'publicity or propaganda' purposes not authorized by Congress," Mr. Bond said in the letter, which did not address the merits of the referendum. "I would hope that 'publicity or propaganda' would include efforts designed to influence pending legislation."

The Hatch Act, among other things, prohibits political activity by federal employees on the job.

Mr. Bond told the attorney general that a March 10 letter Mr. Dowd sent to Missouri law enforcement officers "was clearly designed to promote public support" against the referendum and was timed to "reach the public just prior" to the vote. Also signing the letter were U.S. Attorney Stephen L. Hill Jr. in Kansas City, who represents the state's western district, and Ronald J. Scaggs, president of the Missouri Police Chiefs Association.

In a separate letter to Inspector General Michael Bromwich, Mr. Bond said the lobbying campaign appeared to be "highly improper--at a maximum they may be violations of federal law." He asked the inspector general to investigate the matter, discover the amount of federal funds expended on the campaign and determine the legality of Justice Department actions in the matter.

Investigators from the inspector general's office have met several times with Mr. Bond's staff to discuss the probe, according to department sources, although no final report has been made to the senator's office. Mr. Bond's office declined yesterday to discuss the matter, saying it had not yet been resolved.

Separate letters questioning whether Mr. Dowd violated the law by using taxpayers' money to campaign on a state issue were sent to the Justice Department by Rep. Kenny Hulshof, Missouri Republican, and Harold Volkmer, a former Missouri congressman.

Mr. Danforth, a former three-term Republican senator from Missouri, and Mr. Dowd, a lifelong Democrat who left his government job to go into private practice at Mr. Danforth's St. Louis firm, did not return telephone messages for comment.

Robert Buenger, the firm's director of client relations, told The Washington Times he had "no comment" on the Justice Department probe. When questions were first raised in April about Mr. Dowd's involvement in the Proposition B campaign, he told the media it was "absolutely proper for me to comment on a matter relating to law enforcement and public safety."

But in the March 10 letter, Mr. Dowd not only urged recipients to oppose the pending referendum, but suggested they begin grass-roots lobbying campaigns across the state. He announced the creation of a toll-free number through which callers could obtain anti-referendum materials for distribution. The letter, which went to state and local law enforcement officers throughout Missouri, was written on Justice Department stationery by Justice Department officials, who also manned the toll-free telephone number.

The letter said: "While opinions vary about this issue, one thing is certain. This is a dangerous law for those of us in law enforcement and the citizens we protect and serve. We urge you to get out and inform your communities about the dangers involved in passage of Proposition B. If you'd like materials to distribute, please contact" officials in their offices.

Mr. Bond, in his letter to Miss Reno, said a review of the document was "troubling at best and illegal at worst." He said it showed the Justice Department was funding the mailing campaign, the toll-free number, the lobbying materials, as well as the salaries of Mr. Dowd, Mr. Hill and their staffs.

Missouri residents voted in large numbers on April 6 to defeat the referendum by 52 percent to 48 percent. More than a million people turned out. Thirty-one other states allow residents to carry concealed guns, but those measures were enacted by legislators. Those working against the referendum included first lady Hillary Rodham Clinton, who recorded a telemarketing message targeted at women saying Proposition B was "just too dangerous for Missouri families."

In the Waco probe, Mr. Danforth will investigate whether federal officials made false or misleading statements, withheld or destroyed evidence, used incendiary or pyrotechnic devices, started or contributed to the spread of the fire, or engaged in gunfire. He also can probe if there was any illegal use of the Army's Delta Force. The April 19, 1993, raid on the Branch Davidian compound ended in a wind-swept fire that killed 86 persons, including 24 children.

He said the naming of a qualified staff to conduct the probe was a high priority. The "quality of the product we hope to produce is going to depend upon the quality of the people we get to produce it," he said. He described Mr. Dowd as "a very respected prosecutor."