Getting by with a little help from his friends
FOR IMMEDIATE RELEASE DATED OCT. 25, 2000
THE LIBERTARIAN, By Vin Suprynowicz
Getting by with a little help from his friends
Michael McDonald, still a police officer when he first ran for Las Vegas City Council, used to his advantage the tendency of the public to associate that uniform with qualities like straight talk and straight dealing, in a campaign which successfully unseated ethically challenged former Councilman (and National Football League alumnus) Frank Hawkins.
Our topic today, unfortunately, is "irony."
In a pair of Oct. 13 letters to Sheriff Jerry Keller, Clark County District Attorney Stewart Bell now declines to prosecute Councilman McDonald -- the "reformer" -- for alleged violations of the state laws which forbid a public officeholder from accepting bribes for his political support, or from using public employees under their direction "for the private benefit or gain of himself or another."
Mr. Bell concluded there was little likelihood prosecutors could prove beyond a shadow of a doubt that Councilman McDonald violated those laws when he tried to get the city to buy the Las Vegas Sports Park (thus bailing out two investors in the Sports Park, who coincidentally pay Mr. McDonald $52,000 per year to act as "Vice President of Corporate Development" for another of their enterprises, Las Vegas Color Graphics), or when Mr. McDonald unsuccessfully tried to get two city employees to make special efforts to block approval of a topless bar.
Zoning approval of the bar in question would have benefited McDonald political enemy Sig Rogich (the former political advisor to Ronald Reagan and ambassador to Iceland.) Beyond that, the proposed bar would have provided new competition for the existing topless bar Crazy Horse Too, owned by Mr. McDonald's friend, Rick Rizzolo.
(In an apparent effort to block approval of the new joint, Mr. Rizzolo's sister launched an enterprise identified as the Universal Church of Life Enhancement -- topless bars being banned within a prescribed distance from "churches" and schools. It was to go back and re-measure the distance of the from the bar to a neighboring school that Mr. McDonald urged two city employees to work overtime -- until that order was countermanded by the city manager.)
But to say that Mr. Bell's letters "exonerate" Councilman McDonald would be a stretch. In fact, Mr. Bell declines to prosecute in the matter of the topless bar only on the technicality that the law bans inappropriate actions for the "private benefit or gain" of the councilman or a friend like Mr. Rizzolo. In this case, it can't be proven Mr. Rizzolo would have actually made more money from a successful effort to sabotage his would-be competitor. In fact, police concluded the main goal of Mr. McDonald's "arguably inappropriate actions were for the purpose of thwarting Rogich, rather than helping Rizzolo."
Oh, joy. Mr. McDonald seems to have used the power of his office inappropriately, but since he did it only to punish a political enemy, and not for profit, he can't be prosecuted.
Wait, there's more. In fact, it's in the matter of the Las Vegas Sports Park that Mr. Bell's conclusion takes the cake.
Yes, Mr. McDonald clearly crossed the line from mere "discussion" to "lobbying" for his employers at Las Vegas Color Graphics, on a matter where he'd already acknowledged a conflict of interest, the district attorney concludes. But -- get this -- because Mr. McDonald was accepting his $52,000-per-year salary from these patrons "before the sale of the Sports Park became an issue, and is projected to receive the same annual salary long after, whether or not the Sports Park is sold," Mr. Bell concludes, "to suggest that the purpose of that compensation was to cause McDonald to breach his official duty ... simply cannot stand the test of logic."
Oh, right. Like anyone believes Mr. McDonald's handsome remuneration from Las Vegas Color Graphics has nothing to do with his political "juice" -- that he was actually hired for his intimate knowledge of that business, based on all his evenings of study out on West Sunset, donning his rubber apron and mixing up the processing chemicals.
By this argument, it would be fine for a U.S. congressman to receive an annual honorarium of $5 million per year form the Cali Cocaine Cartel -- and then to follow "suggestions" from the drug lords on how to lobby fellow congressmen on statutes affecting the War on Drugs -- so long as the congressman could be shown to have received his $5 million stipend "before the anti-drug allocation in question became an issue, and is projected to continue receiving the same annual salary long after," since in that case "to suggest that the purpose of that compensation was to cause the congressman to breach his official duty ... simply cannot stand the test of logic."
Prosecutor Bell concludes there's no such thing as bribery -- or even an "intent to purchase influence" -- so long as the payments are systematic, rather than being handed over on a one-time basis in plain brown bags when no one is looking.
Hey, the boys at Tammany Hall had nothing on this crowd!
At the very least, this report should make Mr. McDonald's constituents yearn for the next election. Some may even find themselves wondering if Frank Hawkins is still available.
Vin Suprynowicz is assistant editorial page editor of the Las Vegas Review-Journal, and editor of Financial Privacy Report (subscribe by calling Norm at 612-895-8757.) His book, "Send in the Waco Killers: Essays on the Freedom Movement, 1993-1998," is available by dialing 1-800-244-2224; or via web site http://www.thespiritof76.com/wacokillers.html.
Vin Suprynowicz, vin@lvrj.com
"When great changes occur in history, when great principles are involved, as a rule the majority are wrong. The minority are right." -- Eugene V. Debs (1855-1926)
"The whole aim of practical politics is to keep the populace alarmed -- and thus clamorous to be led to safety -- by menacing it with an endless series of hobgoblins, all of them imaginary." -- H.L. Mencken
Previous Posts:
Goofy 9th Circuit finds new reason to reverse convictions
Will rewrite nation's history to suit new tenant
Deaths in Merced
High court hears arguments on Indianapolis drug checkpoints
He said, 'If you come on my land, I'll kill you'
Thoughts on the occasion of the October moon
Autumn, 1942: It came down to one Marine, and one ship
What Bill of Rights?
Of abstinence and the Roman Catholic church
'Resolved from each and every legal consideration'