Domenici seeks to use campaign funds to pay legal bills

13 Dec 2007 // Sen. Pete Domenici (R-N.M.) is seeking to use campaign funds to pay his legal bills stemming from a Senate Ethics Committee probe of his interaction with former U.S. Attorney David Iglesias.

Attorneys for Domenici's re-election campaign have formally sought an "advisory opinion" from the Federal Election Commission, seeking confirmation that Domenici and his staff can use campaign funds to pay any legal bills from the panel's preliminary inquiry.

Domenici contacted Iglesias, then U.S. attorney in New Mexico, several weeks before the Nov. 7, 2006, elections to find out the status of a corruption investigation involving local Democrats. Domenici and Rep. Heather Wilson (R-N.M.), who at the time was mired in a tough re-election fight with Democrat Patricia Madrid, also called Iglesias. Later, Iglesias told the Senate Judiciary Committee that he "felt sick" after the call from Domenici.

Just weeks after the election, Iglesias was put on a list of U.S. attorneys who were fired by former Attorney General Alberto Gonzales, who acknowledged he had heard repeated complaints from Domenici and his staff over Iglesias' performance.

Domenici's office did not respond to a call seeking comment on the FEC request, or how much the senator and his staff have spent in responding to the ethics inquiry.

Update - Domenici's campaign issued the following statement this afternoon:

"Senator Domenici's campaign committee, like the committees of many other Members of Congress, has sought guidance from the FEC as to whether he may use campaign funds to satisfy the fees and expenses of the attorneys who are representing him in connection with the preliminary inquiry that the Senate Ethics Committee commenced in March.

“The Senator has also asked for guidance regarding whether he can use those campaign funds to pay the legal fees of staff who have been unfortunately drawn into this inquiry. The FEC and the Senate Ethics Committee have previously authorized Members of Congress to pay legal fees in this manner, and we expect the Senator's campaign committee to receive approval to do so in this instance. As he has stated in the past, out of respect for his colleagues on the Senate Ethics Committee, Senator Domenici will not comment on the Committee’s inquiry until it is officially closed.”

Citizens for Responsibility and Ethics in Washington (CREW), the liberal watchdog that filed a complaint that triggered the Domenici inquiry, objected to Domenici's request.

“Yet another member of Congress is asking that funds contributed by his supporters for the purposes of paying for electoral expenses be used to defray legal expenses stemming from unethical or illegal activities," said CREW's executive director, Melanie Sloan. "The FEC should change its rules to put an end to this practice that makes campaign donors unwitting contributors to legal defense funds.”

The FEC has traditionally allowed lawmakers under investigation to use campaign funds to pay legal bills resulting from an investigation if that probe is related to official actions.