FORMER ABSCAM DEFENDANT FACES NEW CHARGES

[Photo from wikipedia]

Former Pennsylvania Congressman Michael Myers was charged this week with conspiring to violate election laws by allegedly bribing an election official to "stuff" the ballot box for candidates who had hired Myers to assist in their campaigns.

As a former federal prosecutor, I once prosecuted the largest vote buying case in American history.

Myers was previously convicted of bribery in 1981 in connection with the infamous Abscam scandal.  During that investigation, Myers was videotaped while accepting a bribe from an undercover agent.  At that time, Myers reportedly had said, on tape, "money talks in this business and bullshit walks."

Of course, Myers is presumed to be innocent, unless and until proven guilty in court.

Election Fraud in Russia

[Photo from wikipedia]

As a former federal prosecutor, I prosecuted a number of election fraud cases, here in Georgia.  Election fraud and vote-buying appear to be a world-wide problem, to one degree or another.  Various news reports indicate that many Russians won't even vote in next week's parliamentary elections simply because they believe the election results will be manipulated.  Nearly fifty percent of those surveyed predicted there will be election fraud.  Vladimir Putin's party is expected to retain a majority in the Russian Parliament next week, but other parties appear to be positioned to post some gains. 

Of course, if Putin's party officials and bureaucrats are counting the votes, then one might wonder why only fifty percent of Russians believe the election results will be rigged! 

Voting and Election Fraud

As we approach election day, I remember some of my "war stories" from my days as a federal prosecutor, during which I prosecuted the largest vote-buying case in U.S. history. In that case, I successfully prosecuted a total of 28 defendants for buying votes in Dodge County, Georgia, including a sheriff and two county commissioners. I wish I could say that I "cleaned up Dodge," but the U.S. Attorney's Office was required to "make a little visit" there again and lock up some folks not too long ago!

Election problems and voting fraud continue to pose a serious problem in this country. Consider the following examples:

• In Nevada, there have been reports that, when voters have gone in to vote, their ballots have already been marked for Senator Harry Reid;
• In Illinois, election officials missed the deadline for mailing absentee ballots to soldiers overseas, so that they can vote;
• In Daytona Beach, Florida, a city commissioner was arrested earlier today and charged with absentee ballot fraud in connection with his own re-election bid.

Election fraud is a serious problem which strikes at the heart of our Constitution. Don't you agree? Do you believe electronic (computer) voting is more safe, or less safe, than paper ballot voting?

A Goolsby "War Story:" The Dodge County Vote-Buying Case

"I couldn't wait to grow up, so I could get paid for voting." I will never forget those chilling words! They were spoken by an 18 year old young woman who I interviewed, (as a former federal prosecutor), while preparing for one of my biggest federal criminal cases: the Dodge County vote-buying case.

Dodge County is located in central Georgia, about an hour southeast of Macon, Georgia. It is a beautiful farming community and has some really good people who live there. But for decades, Dodge County had developed a bad reputation as a place where (some) candidates would pay voters for their votes. It had degenerated to the point where both sides in one contested election for Dodge County's sole county commissioner seat actually set up tables at opposite ends of the courthouse and supporters of the two candidates would openly bid for voters' votes as they entered the courthouse! Dodge County's sheriff was really smart. He had spread money out among vote-buyers in both county commission camps to buy votes for him! As a federal prosecutor, I was entrusted with the onerous task of prosecuting this vote-buying case and with trying to "clean up Dodge!"

Vote-buying is a federal crime, as long as a federal candidate is on the ballot. We prosecuted a total of 28 defendants. It was quite an ordeal! Fortunately, all were convicted, including the sheriff and both county commission candidates, along with a number of their supporters. The head of the Department of Justice Election Fraud Section has called this the largest election fraud case in United States history. I won my first D.O.J. Director's Award for this prosecution. But I certainly do not deserve all the credit. I was supported by an incredible team of agents from the G.B.I., the F.B.I., and the Georgia Secretary of State's Office. Without their fine work, we could not have been successful!

Awards and recognition are always nice. (Getting out of Dodge County with my skin was nice, too!) But I take greater satisfaction in believing we made a difference in how elections were conducted in this county. And I will always hope that no child in Dodge County will ever again associate growing up with getting paid to vote.

A Goolsby "War Story:" The Case of the Courtroom Slap!

They say that if you try enough cases, you will see or experience just about everything! I have learned that you never know what to expect in a jury trial! One of the strangest things I ever witnessed in a courtroom occurred during one of my Dodge County, Georgia vote-buying trials. I actually saw a woman slap a man as he testified! And nobody did anything about it! But first, let me give you a little background of this strange saga.

Dodge County is neatly nestled down in central Georgia. The largely rural county has had an infamous tradition of political candidates, (and their supporters), paying people to vote for them. As an Assistant U.S. Attorney, I was assigned to handle what turned out to be the largest vote-buying case in U.S. history. We successfully prosecuted a total of 28 defendants for buying votes, including the sheriff and both candidates running for Dodge County's sole county commissioner seat.

But this post really isn't about the case; it's about what happened at one of the vote-buying trials. The incident in question involved a blind, almost deaf male voter, (we will call him "Mr. Smith"), who had been paid $60.00 to vote for a particular candidate. Now, let me interject and emphasize here that, in telling this story, it is not my intention to denigrate or make fun of this poor gentleman, "Mr. Smith," or his physical challenges. Being blind or deaf are not to be made sport of. But it is what happened to "Mr. Smith," and not his challenges, that is the point of this story.

For the trial, I had carefully interviewed and selected approximately 75 witnesses, of all whose votes had been bought, including "Mr. Smith," who were willing to testify that they had been paid for voting. While pre-trying "Mr. Smith," I became aware of his challenges, including the fact that he was hard of hearing. So, I had wisely decided, prior to trial, to simplify my questions to him when he took the stand. I carefully explained what my two questions were to "Mr. Smith" and his elderly live-in caretaker, "Ms. McGillicutty." I told them that I planned to ask: "Did you vote last Summer?" And my second planned question was: "Were you paid for voting?" I figured this plan was as simple as dirt! Surely, nothing could go wrong! And I also calculated that if the defense lawyers wanted to ask him a lot of questions, then they could deal with the ensuing train wreck, because poor "Mr. Smith" might not hear a word they said.

On the day "Mr. Smith" testified in federal court, in Dublin, Georgia, and before he took the witness stand, I stood up and explained his situation to the judge. I asked if he could sit in a chair in front of the jury box, so he wouldn't have to navigate his way up to the witness stand. The judge kindly granted my request. The judge also advised the court security officer to bring up a chair for the caretaker, "Ms. McGillicutty," who had escorted her ward into the courtroom. The court security officer put her chair directly behind "Mr. Smith's" chair, with both chairs facing the jury.

After "Mr. Smith" was sworn in, I asked the first of my two carefully planned questions. I loudly bellowed, (so "Mr. Smith" could hear me), "Did you vote last Summer?" Naturally, I expected to hear, "Yes." But that's where the strange incident began! Instead of saying "yes," I was shocked to hear him reply, "No!" And then the wheels came off the bus, when, to my utter shock, I saw "Ms. McGillicutty" lean forward, behind "Mr. Smith," and say, "Yes, you did," as she simultaneously slapped the poor man in the back of his head! Almost as quickly, and after receiving this abrupt cue, "Mr. Smith" changed his errant answer and yelled out, "Yeah!"

I could not believe what I had just witnessed! The woman had actually slapped a witness in the head! I paused and waited for the judge or defense attorneys to object or somehow protest this strange occurrence. But I was equally shocked that there was no reaction from any of the defense attorneys. They all just sat there! They did nothing! Maybe they were just shell-shocked, too!

So, I immediately proceeded to my second planned question: "Were you paid for voting?" And here, dear readers, words cannot adequately describe the expression on poor "Mr. Smith's" face, or the cringe he exhibited, (no doubt he was worried that he would get slapped again, if he answered incorrectly!), as he softly replied, "Yeah."

That was it! "No more questions, your Honor," I shouted, as I ran for cover at the prosecution table! But the defense attorneys all still just sat there, at their tables. They did nothing! Finally, one of them stood and announced, "We have no questions!"

This unusual episode had ended! Ultimately, with the help of "Mr. Smith," (and "Ms. McGillicutty!"), along with all the other witnesses, all the defendants were found guilty of vote-buying. And once again, I had learned a lesson that, no matter how hard you prepare, you never know what to expect in a jury trial!