-Caveat Lector-

<http://www.nytimes.com/2001/02/08/politics/08PARD.html>

February 8, 2001

Officials Say Investigation Will Go On Despite Presidential
Pardon

By MICHAEL MOSS


Federal prosecutors in Los Angeles said yesterday that they
planned to push ahead with their criminal investigation of a
businessman pardoned last month by President Bill Clinton,
assured that the clemency applied only to crimes he committed two
decades ago.

But at the same time, a Justice Department official said the
prosecutors had lingering concerns that the pardon granted to the
businessman, Almon Glenn Braswell, could hamper their inquiry
into possible money laundering and tax evasion involving Mr.
Braswell's mail-order vitamin and health supplements businesses.

Should any charges be brought, the official said, prosecutors
anticipated that Mr. Braswell would try to block the case by
arguing that Mr. Clinton had indeed pardoned him in connection
with this current matter. Moreover, should any charges result in
a conviction, the pardon could lessen a sentence by neutralizing
past felonies that would typically increase sentencing for a new
crime.

Mr. Braswell's pardon was one of many granted in the final hours
of the Clinton administration. About two dozen felons and
possibly more of the 140 pardons granted bypassed the traditional
route through the Justice Department, which takes as long as a
year to investigate pardon applicants. Rather, they went directly
to the White House, which sent their names to the Justice
Department as late as the night before Mr. Clinton left office.

Yesterday, turmoil still reigned in the department's office of
the pardon attorney, where officials were scrambling to write the
last of some 20 letters granting pardons for which there was
little documentation because they had arrived at the last minute.

Mr. Clinton said this week that he had not known that Mr.
Braswell was the subject of a current criminal investigation and
that he had intended the pardon to cover only Mr. Braswell's 1983
conviction on mail fraud and perjury stemming from false claims
about the effectiveness of a treatment for baldness.

Mr. Braswell, who lives in the Miami area and runs his businesses
from Marina Del Ray, Calif., has not returned repeated calls for
comment in the past week. Several lawyers for Mr. Braswell and
his companies have declined to comment or did not return calls.

It remains unclear how Mr. Braswell, 57, gained access to the
White House. He was a big Republican Party supporter in the past
two years, until publicity about his felony record last year
prompted Republicans, including President George W. Bush's
campaign, to return his donation of tens of thousands of dollars.

A Clinton spokesman said yesterday that Mr. Braswell had
apparently been represented in his pardon bid by Kendall Coffey,
a former United States attorney in Miami and part of former Vice
President Al Gore's legal effort in Florida in the aftermath of
Election Day. But the spokesman, Jake Siewert, said he believed
that Mr. Coffey had never spoken with Mr. Clinton about the
matter. Mr. Coffey has not returned numerous calls to his office
and home since Friday.

Jim Kennedy, Mr. Gore's former press secretary, said this week
that he had never heard of Mr. Braswell and was not aware that
anyone had interceded on his behalf with Mr. Gore. He also said
that Charles Burson, the vice president's former chief of staff,
was unaware of any involvement by Mr. Gore in the pardon.

Mr. Siewert played down reports that the Justice Department was
concerned that Mr. Braswell's pardon might affect the current
investigation by pointing to a pardon grant letter prepared by
the office of pardons that cites only the 1983 case. But that
document, dated Jan. 20, was actually prepared this Tuesday, a
Justice Department official said. And it stemmed from an
assumption of Mr. Clinton's intent by the pardon attorney, since
the pardons office had not received any documents from the White
House relating to Mr. Braswell's pardon, the official said.

"We're playing junior president here," the official said.

A Justice Department spokeswoman said it was customary for the
pardon attorney to date all clemency grants on the day the
president signed a master warrant granting clemency en masse,
which does not provide details on the crimes involved in each
case.

Yesterday, in advance of a hearing set for today, the House
Committee on Government Reform released a letter from the Justice
Department indicating that the list of problematic pardons may be
longer than previously thought. More than 30 people who received
pardons or were let out of jail early had not applied to the
Justice Department, as is customary. Fourteen others were
scrutinized by the department, but their applications were
dormant for two years, during which their circumstances might
have changed.

Meanwhile, the pardons office said it had one last quandary
regarding Mr. Braswell: where to send his pardon. An official
said the Justice Department had no address for Mr. Braswell or
for a representative.

"I guess we could ask the U.S. attorney in Los Angeles," the
official said.

Copyright 2001 The New York Times Company


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