by D.R. Rippert
Rolexes in Paradise. Ask most people about former Virginia Governor Bob McDonnell and the first thing you’re likely to hear is, “You mean Governor Rolex?” or some other reference to his trial and conviction on bribery charges. The fact that the U.S. Supreme Court unanimously overturned the conviction doesn’t matter. McDonnell’s once promising political career was left in ruins by the Obama Administration’s DoJ and a conflicted trial judge who erroneously instructed the jury on the definition of “official acts.” In McDonnell v. the United States the U.S. Supreme Court rules that “official acts” within the context of federal bribery statutes do not include such things as merely setting up meetings, calling another public official or hosting an event. The U.S. Supreme Court never ruled as to whether an “official act” would be the appointment of a gift donor to a prestigious state position because McDonnell never did that. Governor Tim Kaine, however, did.
The Virginia Way. First things first, the Old Dominion has mastered the art of legalized corruption. Politicians can pocket extravagant gifts from favor seekers, campaign contributions are unlimited and can be spent on virtually anything, the list goes on. So it was certainly legal for former Governor Kaine to accept $160,000 worth of gifts during his single four year term. He took $5,500 in free clothes from a now bankrupt menswear company. A global pharmaceuticals company paid $12,000 for him to attend a meeting in Aspen. He even got over $45,000 in travel and lodging from Obama for America to help campaign for Obama while still pretending to be Virginia’s Governor. However, there was one gift in particular that should have landed him in the same hot water as McDonnell … a Caribbean vacation on a private island.
Warm your bones in the Sun, Tim my boy. After a long campaign Tim Kaine won the governorship in 2005 and was looking for a bit of a rest before assuming office. He didn’t have to look far. One of Kaine’s benefactors, Charlottesville tech investor James B Murray Jr, had just the solution – his home on the private island of Mustique. Mustique is owned by a company that, in turn, is owned by the home owners of Mustique. Frequented by Princess Margaret, Tommy Hilfiger, Mick Jagger and David Bowie Mustique was the perfect getaway for the Kaine family. And best of all, it wasn’t going to cost them anything to stay there. Off they went.
Tim has an appointment to keep, err … make. So far this story about former Governor Kaine is pretty tame by Virginia standards. Kaine won the election, the world is his oyster, gift givers are lining up to bless the “king” with tokens of their endearment and affection. Business as usual in America’s most corrupt state. But on April 10, 2006 in one of his first acts as governor Tim Kaine decides to re-appoint James B Murray Jr (of Mustique fame) to the Board of the Virginia Commission on Higher Education. This commission reviews potential appointees to the governing bodies of Virginia’s public higher education institutions. One can only imagine how socially popular these commissioners must be among the hoi palloi of Virginia’s horsey set as they vie for a seat on this or that board of visitors. Today, James B Murray Jr is the Vice Rector of the University of Virginia and helpfully told the Cavalier Daily, “It might be desirable if the process were entirely apolitical, but it is highly politicized and always has been.” My translation? Send the Kaine family on a nice vacay and you get appointed to play kingmaker.
Militarizing the DoJ. Nobody accused Gov Bob McDonnell of appointing donor Jonnie Williams to anything. What he was accused of doing was unanimously rejected as an “official act” in the context of federal bribery statutes by the U.S. Supreme Court. Gov Kaine took a lovely gift and then quickly re-appointed the gift-giver to a prestigious state board. Isn’t that more of an “official act” than anything McDonnell did? So, why the disparate treatment? The answer has become increasingly clear in recent months as the Obama Administration’s use of various federal agencies for partisan political purposes has come to light. The IRS, The DoJ, The FBI, even the FISA Court – all tools of political persecution in hands of an unscrupulous president. Did anybody do anything illegal? Maybe, maybe not. But does it seem right that one governor has his political career destroyed for seemingly less of an offense than the prior governor / U.S. Senator / Vice Presidential candidate committed? Let’s hope somebody asks Tim Kaine that question as the U.S. Senate race unfolds.