For Immediate Release: February 10, 2001
For More Information: Bob Fertik bob@... 212-396-3457
Charles Herring Jr. cherring@... 512-320-0665 or 473-2375
Web site: www.democrats.com – click on "Funeralgate" logo
FEMA Nominee Joe Allbaugh Is a "Named Conspirator" in "Funeralgate"
Lawsuit; Democrats.com Publishes Key Documents on its Web Site
Joe Allbaugh, George W. Bush's nominee to head the Federal Emergency
Management Agency (FEMA), has been revealed to be a "Named Conspirator" in
"Funeralgate", a Texas whistleblower lawsuit against George W. Bush,
according to documents published on the Internet by Democrats.com, the
largest independent news and community website for Democrats.
Allbaugh was campaign manager of Bush's Presidential campaign, and is
widely regarded as one of Bush's most powerful aides, along with
strategist Karl Rove and spokeswoman Karen Hughes. Together, the three are
known as the "Iron Triangle."
Allbaugh is scheduled to testify before the Senate Government Affairs
Committee on Tuesday, February 13 at 10:30 a.m.
The "Funeralgate" lawsuit was filed by Eliza May, who was Executive
Director of the Texas Funeral Service Commission (TFSC) while George W.
Bush was Governor of Texas.
May alleges she was fired from her job in retaliation for her
investigation of Service Corporation International (SCI), the world's
largest funeral services company, which is owned by Robert Waltrip, a
major Bush contributor. She alleges "improper and illegal pressure and
conspiracy" by the governor and his staff "in attempting to impede and
subvert the TFSC investigation of SCI."
Allbaugh is a "Named Conspirator" in this case, according to Eliza May's
complaint. He is named on the second page of a 149-page document filed on
July 10, 2000.
"Joe Allbaugh is a key player in the 'Funeralgate' scandal," according to
Bob Fertik, co-founder of Democrats.com. "Allbaugh was personally involved
in efforts to thwart the investigation by Eliza May's office. He did
everything in his power to help a major Bush donor avoid a large fine and
to prevent Texas citizens from receiving justice."
The "Funeralgate" lawsuit was filed in 1998. Then-governor Bush filed a
sworn affidavit denying any knowledge of, or conversations about, the
investigation. This affidavit was contradicted by the testimony of other
witnesses, and Bush was added as a defendant in 2000. According the
document released by Democrats.com (page 89), "multiple witnesses have
testified or otherwise indicated that Governor Bush gave a false sworn
statement in this case."
The defendants have fought the lawsuit every step of the way, and
persuaded Texas district judge John Dietz to delay any depositions of Bush
and Allbaugh until after the 2000 election. Eliza May plans to seek
depositions from both Allbaugh and Bush later this year following
depositions by other key witnesses, according to May's attorney Charles
Herring Jr.
According to the Supreme Court's 9-0 ruling in the Paula Jones lawsuit, a
President can be forced to testify under oath in a civil case stemming
from actions taken before becoming President. President Clinton's evasive
testimony in the Paula Jones deposition was the basis for subsequent
testimony before a grand jury convened by Independent Counsel Ken Starr,
and his eventual impeachment by the Republican Congress in 1998.
At the time, Joe Allbaugh was Governor Bush's Chief of Staff. Allbaugh has
acknowledged his involvement in the events that are the subject of the
lawsuit, but he has denied any wrongdoing. He provided a written response
to the Senate Government Oversight Committee last week, and brushed aside
May's allegations.
Allbaugh was asked, "The allegations include claims that TFSC staff
members were pressured during the meeting(s) and in conversations
afterward to terminate an ongoing investigation into SCI." Allbaugh
replied, "The reported allegations... are not grounded in fact, nor are
they credible." Allbaugh says he merely "facilitated" the meetings, and
did not exercise "pressure." May's lawsuit alleges that he did.
"Joe Allbaugh appears to have lied to the Senate Government Oversight
Committee in response to its question about 'Funeralgate,'" said Fertik.
"In the coming days, Democratic and Republican members of the committee
should carefully examine Allbaugh's evasive answer - and pose additional
detailed questions - to get to the truth about Allbaugh's involvement in
this scandal, which reaches all the way up to the President of the United
States," Fertik concluded.