Readers know I am not a big fan of most campaign finance laws, but the decision of Federal prosecutors to insist on a felony charge for alleged money-laundering by Los Angeles trial lawyer and Democrat activist Pierce O’Donnell is the right thing to do.
The Times reports today that O’Donnell faces money-laundering charges for reimbursing people for making contributions to John Edwards 2004 Presidential campaign. In my personal view, that in itself does not support a felony case against a first-timer, but there are least three other factors that I believe justify the federal grand jury indictment and a felony case against O’Donnell if he is found guilty:
1. This is not O’Donnell’s first brush with money-laundering charges. As the Times article indicates, O’Donnell took a misdemeanor plea for money-laundering in connection with former Los Angeles Mayor James Hahn’s first successful race for Mayor in 2001. That was a protracted procedure that started almost three years before the money-laundering activities alleged on behalf of Edwards. That is a "first strike."
2. O’Donnell is a very successful trial lawyer. He is handling the Hurricane Katrina lawsuits for plaintiffs. He is an "officer of the court," a person of trust. He really should understand the campaign finance laws, which are not quite as complicated as the class action laws. Strike two.
3. While my wife was a civil prosecutor at the Federal Election Commission in the early 1990s, she handled the Ninth Circuit prosecutorial appeal of Michael Goland on Federal civil charges (there was a companion criminal case) for money-laundering in connection with one of Alan Cranston’s re-election campaigns for U.S. Senate. The Ninth Circuit upheld the Goland prosecution, which involved 30 or so illegal reimbursements of contributions to Cranston in violation of the Federal Election Campaign Act’s campaign contribution limits. Thus, there is established appellate law in the Ninth Circuit, and an established precedent on prosecutorial action to enforce the Federal anti-money-laundering laws in California. Letting O’Donnell off the hook, when prosecutors went the maximum on Goland, would not be a very good reflection of "prosecutorial discretion." Strike three.