McMahan Panel Stymied By Feds' Reluctance To Share Probe Results
By Tim Talley/The Associated Press ~ One of the biggest tasks facing Oklahoma lawmakers remained unfinished when the Legislature adjourned its 2008 regular session.
The need to complete that task could force lawmakers back to the Capitol for a special session this summer.
Two weeks after it convened in February, the state House ordered an investigation of indicted Auditor and Inspector Jeff McMahan, the first step in a possible impeachment vote of the second-term Democrat who faces federal charges of accepting improper trips and illegal campaign contributions.
House Speaker Chris Benge appointed eight House members — four Republicans and four Democrats — to a special investigating committee to collect evidence on whether McMahan violated his constitutional duties, particularly whether he took something of value for the performance or nonperformance of his job.
But the panel’s progress has been stymied by the pending criminal case and the reluctance of federal prosecutors to share information with state investigators prior to the auditor’s trial, which is scheduled to begin in one week in U.S. District Court in Muskogee.
Before the Legislature adjourned on Friday, members of the committee met only once to hire Edmond attorney Andrew W. Lester as special counsel to gather evidence that will help the panel decide whether to recommend that the full House impeach McMahan.
Lester has done a considerable amount of background work, but obtaining evidence from the criminal case will have to wait until witnesses begin testifying at McMahan’s trial, said Rep. David Braddock, D-Altus, co-chairman of the House committee.
“I understand the concern on the part of the federal prosecutor. They don’t want to take any action at all,” Braddock said.
“We’ll be watching the trial. We’ll see what witnesses say. We’ll try to get a good handle on the testimony and then develop a plan,” he said.
Braddock said that depending upon the length of the trial, the investigating committee could be ready to begin taking testimony as early as July. An impeachment recommendation would force the House to return for a one-day special session to consider an impeachment vote. A vote to impeach would lead to a trial in the Senate and removal from office if McMahan is convicted.
McMahan and his wife, Lori, were indicted by a federal grand jury in January on nine counts including conspiracy, mail fraud and violating the Travel Act to commit bribery. The McMahans have pleaded not guilty.
The charges stem from dealings with southeast Oklahoma businessman Steve Phipps, who is identified in the nine-count indictment as a coconspirator. Federal prosecutors say the charges are tied to favoritism shown to Phipps by McMahan as well as excessive political donations to McMahan during his 2002 campaign.
If convicted on all counts, the McMahans could face up to 135 years in prison.
McMahan, who lives in Tecumseh, has not been to his state Capitol office since he turned over daily operations to Deputy State Auditor Michelle Day. But he continues to collect his $109,000 annual salary.
Key witnesses in the criminal case, including Phipps and Tim Arbaugh, former head of the abstract division of McMahan’s office, will likely testify before committee members following their appearances in federal court.
The need to complete that task could force lawmakers back to the Capitol for a special session this summer.
Two weeks after it convened in February, the state House ordered an investigation of indicted Auditor and Inspector Jeff McMahan, the first step in a possible impeachment vote of the second-term Democrat who faces federal charges of accepting improper trips and illegal campaign contributions.
House Speaker Chris Benge appointed eight House members — four Republicans and four Democrats — to a special investigating committee to collect evidence on whether McMahan violated his constitutional duties, particularly whether he took something of value for the performance or nonperformance of his job.
But the panel’s progress has been stymied by the pending criminal case and the reluctance of federal prosecutors to share information with state investigators prior to the auditor’s trial, which is scheduled to begin in one week in U.S. District Court in Muskogee.
Before the Legislature adjourned on Friday, members of the committee met only once to hire Edmond attorney Andrew W. Lester as special counsel to gather evidence that will help the panel decide whether to recommend that the full House impeach McMahan.
Lester has done a considerable amount of background work, but obtaining evidence from the criminal case will have to wait until witnesses begin testifying at McMahan’s trial, said Rep. David Braddock, D-Altus, co-chairman of the House committee.
“I understand the concern on the part of the federal prosecutor. They don’t want to take any action at all,” Braddock said.
“We’ll be watching the trial. We’ll see what witnesses say. We’ll try to get a good handle on the testimony and then develop a plan,” he said.
Braddock said that depending upon the length of the trial, the investigating committee could be ready to begin taking testimony as early as July. An impeachment recommendation would force the House to return for a one-day special session to consider an impeachment vote. A vote to impeach would lead to a trial in the Senate and removal from office if McMahan is convicted.
McMahan and his wife, Lori, were indicted by a federal grand jury in January on nine counts including conspiracy, mail fraud and violating the Travel Act to commit bribery. The McMahans have pleaded not guilty.
The charges stem from dealings with southeast Oklahoma businessman Steve Phipps, who is identified in the nine-count indictment as a coconspirator. Federal prosecutors say the charges are tied to favoritism shown to Phipps by McMahan as well as excessive political donations to McMahan during his 2002 campaign.
If convicted on all counts, the McMahans could face up to 135 years in prison.
McMahan, who lives in Tecumseh, has not been to his state Capitol office since he turned over daily operations to Deputy State Auditor Michelle Day. But he continues to collect his $109,000 annual salary.
Key witnesses in the criminal case, including Phipps and Tim Arbaugh, former head of the abstract division of McMahan’s office, will likely testify before committee members following their appearances in federal court.
Labels: Andrew W. Lester, David Braddock, Gene Stipe. Jeff McMahan, Lori McMahan, Tim Arbaugh
posted by Mike McCarville @ 3:46 PM
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