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.

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McMahan Impeachment Committee Meets Today

A House committee looking into possible impeachment proceedings against state Auditor and Inspector Jeff McMahan is scheduled to meet today at the Capitol.

House Speaker Chris Benge said the Republican co-chairman of the committee told him it is possible the work could be finished before the session ends May 30.

The Democratic co-chairman, Rep. David Braddock of Altus, said members are expected to discuss and perhaps make a decision on hiring an outside attorney to head up the investigation.

"We're going to try to follow the process that was followed with the (Carroll) Fisher (impeachment committee) meetings,” Braddock said. "That was a good format.”

Whether the committee will address McMahan's absence from his office since the federal indictment isn't known; some argue he has abandoned the office and thus, is subject to removal on that grounds.

McMahan and his wife, Lori, have been indicted on federal charges of mail fraud, bribery and conspiracy. Their trial is set for June.

It took about four months for the Fisher impeachment committee to complete its work but the McMahan committee's Republican co-chairman, Rep. Rex Duncan of Sand Springs, believes it won't take that long.

If the committee recommends removal, the full House will vote on articles of impeachment and the case moves to the Senate for a trial.

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Braddock's Abstract Company Involvement Noted

By Tony Thornton and Michael McNutt, Staff Writers, The Oklahoman ~ A co-chairman of the House committee that will explore impeachment proceedings against state Auditor and Inspector Jeff McMahan has a possible conflict of interest, The Oklahoman confirmed Friday.

Rep. David Braddock, D-Altus, tried to buy an Altus abstract company in a deal that was contingent upon McMahan squashing another man's effort to open a competing company, sources said.

Read the entire story at http://newsok.com/article/3207880/1203742126.

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Speculation Increases About McMahan Probe Panel

With certain House approval next week of a resolution calling for an investigation of Auditor and Inspector Jeff McMahan that could result in his impeachment, there's speculation today about those who might serve on the committee.

New House Speaker Chris Benge of Tulsa will name the eight committee members, four Democrats and four Republicans, with a member of each party serving as co-chairman.

Rep. Mike Reynolds, Oklahoma City Republican, authored the resolution and is said by some to be able to cite line-by-line from the lengthy, nine-count federal indictment of McMahan and his wife, Lori. He told Oklahoma City radio station KTOK he would like to serve on the committee. His problem is that he's viewed as a maverick always on the outs with his own party's leadership and he's butted heads with Benge in the past.

Others mentioned as possible members are all attorneys and include Reps. Rex Duncan of Sand Springs, chairman of the House Judiciary Committee; T. W. Shannon of Lawton, assistant majority whip; Dan Sullivan of Tulsa, assistant majority floor leader and chairman of the Civil Justice Committee; and John Trebilcock of Broken Arrow, whose resolution authorized the panel that investigated former Insurance Commissioner Carroll Fisher.

Capitol sources say that while the Benge appointments won't be certain until they are announced, three top members of Democratic Leader Danny Morgan's team, and a highly-respected former Oklahoma Highway Patrol trooper, are possible members of the committee. They are Reps. David Braddock of Altus, James Covey of Custer City, Paul Roan of Tishomingo and Dale Turner of Holdenville. Covey is the minority floor leader and Braddock and Turner are deputy minority floor leaders. Roan is a retired OHP trooper and the former deputy sheriff of Pontotoc County. He's also a former first vice president of the Oklahoma State Troopers Association and is vice chairman of the House Civil Justice Committee.

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