Clinton-Espy, Mike

Fyp Espy- - clunter Tyson's Attorney Labels Espy Probe a 'Witch Hunt' Independent Counsel Said to Exceed Authority The September court order ap- By Serge F. Kovaleski In his letter to Smaltz, Tyson attor- pointing Smaltz-a Los Angeles law- Washington Post Staff Writer ney Green complained that FBI yer who served as U.S. attorney for agents working for the independent A lawyer for Tyson Foods Inc. has California's Southern District-to the counsel's office badgered another for- accused independent counsel Donald post of independent counsel appears mer Tyson pilot, Haskell Blake, when C. Smaltz of leading an investigation to give him broad powers. he told them he knew nothing about that "smacks of a witch hunt" and ex- The order authorizes Smaltz to in- Espy during a recent interview. The ceeds his legal authority to probe vestigate "other allegations or evi- letter also said the agents refused to whether Agriculture Secretary Mike dence of violation of any federal crimi- accept Blake's answer that he' never Espy accepted gifts from Tyson and nal law by any organization or other companies. individual developed during the in- saw drugs on a company plane; they then asked him how he thought his Tyson attorney Thomas C. Green vestigation referred to above and con- employer would react when it learned has accused FBI agents working for nected with or arising out of that." that he had lied to federal agents. Smaltz's office of using threats and in- Legal specialists said that there FBI officials did not return tele- timidation while interviewing a former have been at least 16 independent company employee. Tyson officials counsels who have been appointed phone calls requesting a response. "These kinds of veiled threats are and attorneys for President Clinton al- since the position was created by the so have criticized Smaltz for acting ir- Ethics in Government Act of 1978, unconscionable and unprofessional," most of whom were given broad juris- Green wrote, adding, "these questions responsibly when he said there was "a ring of truth" to an allegations made diction because little is usually known are simply outrageous and they dem- by a former Tyson pilot that he fer- about a case at the outset of an inves- onstrate that your investigation is to- ried envelopes full of cash, which he tigation. In numerous instances, how- tally out of control and unlawful." said were intended for Clinton when ever, independent counsels have Clinton was Arkansas governor, from sought court permission, usually in the company's Springdale, Ark., head- sealed motions, to expanded their ju- quarters to a Little Rock airstrip. risdictions to broaden their probes. "In contrast to you, I have refrained Tyson spokesman Archie Shaffer Bradley Will from making public statements about said yesterday the company is con- your investigation. My patience in vinced that Smaltz has gone beyond Return Money that respect, however, is wearing the scope of his investigative authori- thin, as is my indulgence of your ap- ty. Shaffer said that the court order Sen. Bill Bradley (D-N.J.) limits his jurisdiction to matters relat- announced yesterday that he parent approval of the kinds of ama- ed to whether Espy violated any fed- will refund individual contri- teurish tactics engaged in by the fed- eral agents," Green wrote in a letter eral laws. butions that Prudential Se- In terms of the allegations made by curities Inc. admitted were to Smaltz last Friday. "Your reputation preceeds you, and Henrickson, Shaffer said that they illegally solicited with corpo- have nothing to do with the Espy rate resources. on that basis I would expect you to ap- preciate the need to stop these excur- probe and are totally false. He said no The Federal Election sions beyond the confines of your ju- one has been able to corroborate Hen- Commission announced risdiction," Green wrote. rickson's allegations that on at least Wednesday that Prudential He has sent a copy of the letter to six occasions, mostly in the 1980s, he agreed to pay a $550,000 the FBI and the Office of Professional carried white sealed envelopes full of civil penalty to settle the Responsibility at the Justice Depart- what appeared to be $100 bills to a case, which involved some ment. The Clintons' attorney, David Little Rock airstrip and typically deliv- $250,000 in donations it E. Kendall, and White House counsel ered them to the receptionists on du- raised for nine candidates, Abner J. Mikva each have written to ty. He said Tyson managers had told including Bradley, from Smaltz to object to his public state- him that the envelopes were intended 1986 to 1993. ments about the credibility of the pi- for Clinton. Bradley said in a state- lot, Joseph Henrickson, 43, whom Henrickson has said, however, that ment that he was "stunned" Smaltz recently subpoenaed to appear he had no evidence that Clinton ever by Prudential's admission. before a grand jury. Henrickson was received the envelopes or why the The "only appropriate thing also given a letter of immunity. money was allegedly intended for the to do is refund the contribu- Smaltz did not return calls to his of- governor's mansion. tions that were raised im- fice yesterday, and a spokesman, Tyson, the nation's largest poultry properly," he said. Charles G. Bakaly, declined to com- producer and a company with long- Kristen Ludecke said ment. standing political ties to Clinton, was Bradley aides are "reviewing Smaltz said earlier this month that the focus of some of the original ethics the books" to determine the he had added investigators and broad- complaints against Espy, who was exact amount to be refund- ened his inquiry to include possible forced to resign from office in October ed. The settlement agree- "gratuity givers and gratuity takers" but remains in charge of the USDA ment cited four occasions in involved with the Agriculture Depart- until the end of the year. which Prudential raised a to- ment. He said that his mission was to A Tyson source said that the com- tal of $140,000 for Bradley. prosecute any federal crimes that pany's attorneys are considering chal- - Charles R. Babcock come to his attention in investigating lenging subpoenaes Smaltz has issued, whether companies received favored arguing that the information he is treatment from Espy or other USDA seeking is not relevant to the case. officials. FRIDAY, DECEMBER 23, 1994 THE WASHINGTON POST