washingtonpost.com  > Print Edition > Nation and Politics

Counsel to GOP Senator Wrote Memo On Schiavo

Martinez Aide Who Cited Upside For Party Resigns

By Mike Allen
Washington Post Staff Writer
Thursday, April 7, 2005; Page A01

The legal counsel to Sen. Mel Martinez (R-Fla.) admitted yesterday that he was the author of a memo citing the political advantage to Republicans of intervening in the case of Terri Schiavo, the senator said in an interview last night.

Brian H. Darling, 39, a former lobbyist for the Alexander Strategy Group on gun rights and other issues, offered his resignation and it was immediately accepted, Martinez said.

_____Schiavo Memo_____
The memo that was circulated among Republican senators on the political advantages of supporting legislation to reinsert the Fla. woman's feeding tube. (PDF)

Friday's Question:
It was not until the early 20th century that the Senate enacted rules allowing members to end filibusters and unlimited debate. How many votes were required to invoke cloture when the Senate first adopted the rule in 1917?
51
60
64
67


Martinez, the GOP's Senate point man on the issue, said he earlier had been assured by aides that his office had nothing to do with producing the memo. "I never did an investigation, as such," he said. "I just took it for granted that we wouldn't be that stupid. It was never my intention to in any way politicize this issue."

Martinez, a freshman who was secretary of housing and urban development for most of President Bush's first term, said he had not read the one-page memo. He said he inadvertently passed it to Sen. Tom Harkin (D-Iowa), who had worked with him on the issue. After that, officials gave the memo to reporters for ABC News and The Washington Post.

Harkin said in an interview that Martinez handed him the memo on the Senate floor, in hopes of gaining his support for the bill giving federal courts jurisdiction in the Florida case in an effort to restore the brain-damaged Florida woman's feeding tube. "He said these were talking points -- something that we're working on here," Harkin said.

The mystery of the memo's origin had roiled the Capitol, with Republicans accusing Democrats of concocting the document as a dirty trick, and Democrats accusing Republicans of trying to duck responsibility for exploiting the dying days of an incapacitated woman.

Conservative Web logs have challenged the authenticity of the memo, in some cases likening it to the discredited documents about Bush's National Guard service that CBS News reported last fall.

The staff of the Senate Rules and Administration Committee, at the request of a Democrat, spent a week trying to determine the memo's origin and had come up empty, said an official involved in the investigation.

The unsigned memo -- which initially misspells Schiavo's first name and gives the wrong number for the pending bill -- includes eight talking points in support of the legislation and calls the controversy "a great political issue."

"This legislation ensures that individuals like Terri Schiavo are guaranteed the same legal protections as convicted murderers like Ted Bundy," the memo concludes.

It asserts that the case would appeal to the party's core supporters, saying: "This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue."

The document was provided to ABC News on March 18 and to The Post on March 19 and was included in news reports about congressional intervention in the Schiavo case. Bush returned from an Easter vacation in Texas and signed the bill shortly after 1 a.m. on March 21.

At the time, other Senate Republican aides claimed to be familiar with the memo but declined to discuss it on the record and gave no information about its origin.

In a statement issued last night, Martinez said that Harkin asked him for background information on the bill and that he gave him what he thought was a routine one-page staff memo on the legislation. "Unbeknownst to me, instead of my one page on the bill, I had given him a copy of the now infamous memo that at some point along the way came into my possession," the statement said.


CONTINUED    1 2    Next >

© 2005 The Washington Post Company