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How a Lobbyist Stacked the Deck
"Lou just called," team member Shawn Vasell told colleagues in an e-mail. "We need to get together and draft a response for Lou." Kevin Ring, Vasell's associate, responded: "This is a disaster."
Abramoff weighed in minutes later, saying he would get Reed to ramp up efforts. "I just chatted with Ralph. We are going to have to go on the air nationally on radio. We must get the conservatives back on this or we are doomed," he told the team.
Abramoff got another strategy e-mail the next morning from Rudy. Rudy was on DeLay's staff but wrote "we" as though he belonged to Abramoff's team. "I think we should get weyrich to get like 10 groups to sign a letter to denny and armey on gaming bill," Rudy wrote, referring to Free Congress Foundation Chairman Paul M. Weyrich and the House leaders.
Sheldon got a private meeting with DeLay on July 13. "I told him I strongly opposed the bill," Sheldon told Congressional Quarterly at the time.
A former DeLay staff member who spoke on the condition of anonymity said, "Lou was a credible face" because Sheldon's religious credentials carried some weight with conservative voters.
DeLay then told House Republican leaders that he was prepared to go against the anti-gambling bill.
The Bush Forgery
Still, the Abramoff team was worried about the vote. So the eLottery forces pressed the argument that the Internet bill was an unfair infringement of the right of individual states to sell lottery tickets online. Amid the frenzied lobbying, a potentially influential letter making that case began circulating on Capitol Hill. It was purportedly signed by Jeb Bush.
"While I am no fan of gambling, I see this bill as a violation of states' rights and I am looking to prevent this encroachment," the letter said.
A surprised Hill staffer called the Florida governor's office, and the letter was exposed as a forgery.
Months later, a little-noted investigation by Florida authorities resulted in a confession from a Tampa man hired by a division of Shandwick Worldwide, a public affairs company. Shandwick was working on the eLottery account with Abramoff's team. The Florida man, Matthew Blair, told authorities in a plea bargain agreement that he was hired to get letters opposing the bill from the governor and others. He said he created the forged letter on his own after he was unable to obtain one from Bush's office.
Brian Berger, then a Shandwick official, said his firm had been hired to produce the letters by Abramoff associate Michael Scanlon, a former DeLay press aide. Berger said in a recent interview that although he and Scanlon knew Blair, they did not sanction the forgery. "Essentially, we had a bad operative," Berger said.
But the letter still had an impact. It fed the confusion about the bill in the days before the floor vote. Goodlatte, the sponsor, had more than enough votes for his carefully crafted compromise. Yet he became worried that amendments might be introduced during the debate that could kill the bill.
One way to avoid a floor fight is to place a bill on the suspension calendar, which is supposed to be for non-controversial legislation; it suspends the usual rules, banning amendments and limiting debate. But doing so would require a two-thirds majority for passage.
Goodlatte agreed to the suspension calendar approach because he thought he could get the two-thirds. "We were told [by House leaders] to bring it up on the suspension calendar so you won't have to deal with all these amendments," said a member of Goodlatte's staff who spoke on the condition of anonymity.
That opening was exploited by the Abramoff team with Rudy's help -- fewer votes would be needed to stop the bill.
On July 17, the House debated for about 40 minutes. Rumors continued to fly about the Bush letter. Some members remained confused about the bill's contents. About 30 did not vote. "There was a lot of misinformation," said a congressional staff member who worked on the bill.
Still, Goodlatte had reason to be optimistic because nine out of 10 bills on the suspension calendar pass.
But Abramoff's efforts had eroded just enough votes. The roll call -- 245 in favor, 159 against -- left Goodlatte 25 members short. The bill failed.
'All Systems Go'
The eLottery team was euphoric. Abramoff lobbyist Patrick Pizzella, who was in the Capitol to watch the vote, wrote in an e-mail to colleagues the next day that he saw Sheldon celebrating the victory, too. "There was lucky Louie out front hi-fiving with some lobbyists," said Pizzella, who the following year was named an assistant secretary of labor. Others partied across from the Capitol at the restaurant Tortilla Coast.
Supporters of the Internet gambling ban, though, were outraged. They vowed to resurrect it, perhaps as part of an appropriations bill.
The Christian Coalition issued an "action alert." Dobson took to the airwaves, saying, "I'm just sick about what the Republican leadership is doing with regard to gambling." He urged listeners to contact DeLay and other House leaders to revive the measure.
Abramoff's team realized there was no way to win enough support for a simple majority because they were down more than two dozen votes. Instead, they had to persuade the leadership to keep the bill off the House floor, despite intense pressure from Goodlatte and another backer, Rep. W.J. "Billy" Tauzin (R-La.) .
On July 21, DeLay's legislative director, Kathryn Lehman, e-mailed Rudy: "Goodlatte and Tauzin asked Tom [DeLay] what they needed to do to get his vote, and Tom said to talk to you!"
Rudy immediately forwarded the e-mail to Abramoff asking for help.
Documents show that Abramoff's strategy was to dispatch Sheldon to pressure about 10 social conservatives in their home districts, accusing them of being soft on gambling for supporting Goodlatte's bill. Abramoff's group hoped those members would stir fears among House leaders that another vote on the gambling bill could threaten those members and thus the GOP's thin 13-seat majority.
On Aug. 18, Abramoff faxed a message to eLottery's Daum ordering more money for Reed's activities. "I have chatted with Ralph and we need to get the funding moving on the effort in the 10 congressional districts," Abramoff wrote. "Please get me a check as soon as possible for $150,000 made payable to American Marketing Inc. This is the company Ralph is using."
ELottery issued the requested check to American Marketing on Aug. 24 and delivered it to Abramoff at Preston Gates. Five days later, Abramoff e-mailed Reed. The subject, "Internet Gambling: And so it continues." The message asked, "Where are we? You got the check, no? Are things moving?"
Reed answered the next day: "1. Yes, they got it. 2. Yes, all systems go."
Targeting 'Our Guys'
Weeks later, a political mailer from Sheldon's group landed like a small bomb in the North Alabama district of Rep. Robert Aderholt.
The Republican was a member of the religious right's Values Action Team in Congress, a champion of public displays of the Ten Commandments and a vigorous gambling opponent. But now, in the midst of a tough reelection race, Aderholt was accused of being soft on gambling.
"Congressman Robert Aderholt voted with them in support of HR #3125 with the law the gamblers want on horse and dog racing," said Sheldon's mailer. Sheldon urged voters to call Aderholt's Washington office "and ask him to vote NO this time." Aderholt's opponent quickly incorporated Sheldon's attack in an ad of his own.
The bulk rate stamp on the mailing said it was paid for by American Marketing. Records show that the company is run by Robert Randolph, the president of Reed's direct-marketing subsidiary. A spokeswoman for Reed said that American Marketing is "a different company" and that she could not respond to questions about it.
Sheldon's fliers also targeted Rep. J.C. Watts of Oklahoma, then the House GOP deputy whip, and vulnerable incumbents, including Rep. James E. Rogan of California, one of the managers of the impeachment of President Bill Clinton, and Rep. Robin Hayes of North Carolina.
Angry House members targeted by Sheldon complained to the leadership. "Certainly our displeasure was relayed on up the chain, so to speak," said Andrew Duke, the chief of staff for Hayes.
Abramoff's willingness to jeopardize Republican House seats startled his lobbying team, some of whom had come from DeLay's office. "Once we started talking about taking out our guys, I got worried," said a former associate of Abramoff's who spoke on the condition of anonymity.
The same former Preston Gates lobbyist said Rudy played a key role in getting House leaders to pay attention to the plight of members under attack.
"Tony would say to members, 'Oh, you're getting phone calls on this? I better go tell the whip.' Lou Sheldon sending a letter is not going to do anything unless you have somebody on the inside. Tony exaggerated to leadership how backing the bill could hurt those members," the former Abramoff associate said.
The outrage prompted Sheldon to back off in some of the races. In Aderholt's district, he issued a letter praising the congressman and claiming that his previous mailer had been mistakenly distributed. In Rogan's district, he stopped pressuring the incumbent and, instead, attacked his challenger as "a champion of the homosexual agenda."
Sheldon said in an interview this week that he recalled little about his efforts against the bill in 2000. He said he did not remember receiving a $25,000 check from eLottery, but added that it is possible that his organization did receive it. He said he remembered some money coming in to pay for fliers he had printed and mailed to congressional districts to persuade members to oppose the bill.
"I wasn't aware the money was coming from them [eLottery]," Sheldon said. "I don't think I ever saw the check. It came in, and we paid the bill for some of the printing."
Sheldon also said he had no idea that Abramoff was lobbying against the bill or that he was working for eLottery.
"This is all tied to Jack?" Sheldon said. "I'm shocked out of my socks."
Rudy, who had known Abramoff for years, went to work for Abramoff when the lobbyist switched law firms, to Greenberg Traurig LLP, in January 2001.
Rudy's wife, Lisa, was also drawn into Abramoff's orbit. She was paid fees by Toward Tradition, the Seattle-based Orthodox Jewish foundation that often allies with the Christian right on social issues. The foundation is headed by longtime Abramoff friend Rabbi Daniel Lapin and the lobbyist served as chairman of the board.
Toward Tradition was issued a $25,000 check dated Aug. 24, 2000, by eLottery. A copy of the check was obtained by The Post. Daum, the former eLottery official, said he could not remember the check but said all funds Abramoff directed him to spend were intended to defeat the Internet gambling bill.
Lapin said in an interview that he could not remember a check from eLottery but that the company could have made donations to his foundation. He said that any such donation would have been separate from his foundation's hiring of Liberty Consulting, a political firm founded and operated by Lisa Rudy.
"Lisa Rudy worked for us for six months -- six to nine months -- to organize groundwork for a conference," Lapin said. He said she was paid more than $25,000 but was unsure exactly how and when Lisa Rudy was hired. Lapin said her work could have been for an interfaith conference held in Washington in mid-September 2000. That conference, which opened a few weeks after the eLottery check was sent to Toward Tradition, featured such speakers as DeLay, Sheldon and Norquist.
Rudy declined to comment on the Toward Tradition contract and said that his wife was not available for a comment.
A month after the interfaith conference, the gambling bill's sponsors agitated to get House leaders to let them attach the measure to an end-of-the-year spending bill.
But Sheldon's campaign in conservative districts had the desired chilling effect on GOP leaders. That became clear on Oct. 24, when House Republicans met to discuss their year-end strategy.
What happened at the meeting was relayed to Abramoff by a former associate, David H. Safavian, who was then a lobbyist for a coalition of online gambling companies and who this month was indicted for allegedly lying to federal investigators in the Abramoff probe.
DeLay, Safavian wrote in an e-mail, "spoke up and noted that the bill could cost as many as four House seats. At that point, there was silence. Not even Rep. Dick Armey (R-Texas) -- our previous opponent -- said a word."
When Congress prepared to adjourn in 2000 without revisiting the gambling bill, Safavian was ecstatic. He sent his clients an e-mail, which was posted on the Web site of the Fantasy Sports Trade Association.
"Relax a bit," Safavian wrote. "Policy beat politics once again. (Maybe the American system isn't really that bad.) The good guys won."
Researchers Alice Crites and Julie Tate contributed to this report.