Another FBI Approps Hearing, Another Recusal By Mollohan

1 Apr 2008 // The House Commerce-Justice-Science Appropriations Subcommittee has a hearing today on the FBI's budget, but the panel's top Democrat will not be there.

A nearly two-year federal investigation into Commerce-Justice-Science Appropriations Subcommittee Chairman Alan Mollohan's steering of earmarks to nonprofits he helped start has faded from prominence. But in a reminder the probe is not dead, the West Virginia Democrat is recusing himself from overseeing the FBI and parts of the Justice Department involved in the probe, the subcommittee staff confirmed Monday.

Mollohan announced the recusal policy a day after he became chairman of the subcommittee last year, a step aimed at preventing any appearance of trying to influence the investigation. The policy has been backed by ethics watchdogs and has allowed Democrats to criticize House Appropriations ranking member Jerry Lewis, R-Calif., also the subject of an FBI investigation into his earmarking, for not taking similar action.

But while Mollohan has not been charged with wrongdoing, his planned absence today indicates he may not be out of the woods.

"If he was cleared, he'd have issued some kind of press release. ... We haven't seen that," said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington. "The fact that he is still recusing himself suggests that he is aware that this is an ongoing investigation."

Sloan, who said the recusal "is still a good idea," said the Justice Department "should get its act together and hurry up."

A Mollohan spokesman did not return calls Monday, but the lawmaker has consistently denied wrongdoing and said the Justice Department has not contacted him regarding its probe.

Mollohan allegedly directed more than $200 million to five nonprofit groups in his district which he helped found. The groups are run by Mollohan associates, many of whom contributed to his campaign fund. Mollohan invested in real estate with officials from organizations to which he directed federal funds. The investments helped him collect more than $5 million from 2000 to 2004, according to news accounts.

While Mollohan has dismissed attacks on his ethics as partisan and baseless, Republicans have said his recusal is suspect, noting he has voted and participated in debates on Justice Department funding on the House floor.