April 24, 2024 / by 

 

Did Iseman and McCain Enable Conrad Black to Commit Fraud with CanWest?

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On July 31, 2000, Alcalde & Fay–and their lobbyist Vicki Iseman–terminated their lobbying activities for CanWest, a big Canadian media company. That day, CanWest had achieved the goal Alcalde & Fay had been assisting with: the acquisition of much of Conrad Black’s media empire in Canada.

Iseman and her colleagues had been lobbying the FCC, the House of Representatives, and the Senate (including John McCain, with whom McCain’s advisors believed Iseman had an inappropriate relationship at the time) to win approval for the foreign purchase of American broadcast companies–that is, Conrad Black’s properties, which were headquartered in Chicago.

Iseman’s role in the deal is significant for a couple of reasons. First, the deal greatly contributed to the consolidation of media in Canada:

In the largest media deal in Canadian history, CanWest Global Communications, a company that started 20 years ago with a North Dakota television station, is to pay $2.36 billion for dominant dailies in 8 of Canada’s 10 provinces. Mr. Black is to gain a seat on the CanWest board and is to become the second-largest shareholder, after the family of the company founder, Israel H. Asper.

”The borders are gone, we have to grow,” Mr. Asper, Global’s chairman, told a news conference in Toronto today, comparing his acquisition to Tribune Media’s recent purchase of The Los Angeles Times. ”We don’t intend to be one of the corpses lying beside the information highway.”

Mr. Black said in a statement that his company, Hollinger International, ”believes this intimate association with a highly successful telecaster built by an entrepreneurial spirit compatible with Hollinger is the best possible assurance of the strength of the newspaper franchises.”

Like Conrad Black before them, the family running CanWest exerts a great deal of editorial control–going so far as to distribute corporate editorials to be run in all their properties.

CanWest set off the media furor in December [2001, a year after the purchase] with its a decision to require all of its daily newspapers to run corporate editorials produced in its Winnipeg head office. Initially, the company sent out one editorial weekly, but said this would increase to three times a week. The company also said locally-written material should not contradict the party line handed down in corporate editorials. Ownership and management have clashed with journalists and columnists who’ve cringed under the new controls.

More interesting still, the deal lay at the core of the charges (and conviction) of Conrad Black for fraud. CanWest paid $60 million to Black and other Hollinger executives that they hid as non-compete agreements.

Canwest purchased the newspapers for $3.5-billion in a deal that also included $80-million in non-compete payments. Black, Atkinson and Boultbee pocketed $60-million in fees from the sale – money the U.S. prosecutors are alleging should have gone to Hollinger International.

Now, there is absolutely no reason to believe that McCain and Iseman had anything to do with the fraudulent aspect of this deal–or that they even knew about it. Many of Hollinger’s board members testified they had no clue about the fraud, so there’s almost no way CanWest’s lobbyist knew about it. Iseman simply helped make sure the deal got the regulatory approval it needed in the US.

As with my post on the ties between Stolen Honor and Iseman’s lobbying of McCain, I’m not so interested in the deals themselves–I’m interested in the folks bankrolling the Iseman-McCain relationship. And as with the Sinclair and the Paxson lobbying, what Iseman was working to accomplish was the consolidation–and with it, the politicization–of the media. There’s no evidence the people behind the deals are the same. But the ultimate goal of their lobbying does appear to be the same.


Did Vicki Iseman “Steal Honor” in THREE Presidential Elections?

John McCain denies any honor was stolen–neither his nor Ms. Iseman’s. Or rather, he denies "the story," though it’s not clear whether he’s denying that his relationship with Iseman was inappropriate or that he did favors for her. So I guess I’ll leave it up to you to decide whether she stole McCain’s honor in both the 2000 and 2008 presidential elections.

For the moment, though, I’m more interested in the 2004 election–the one McCain didn’t run in. You see, I find it a mighty curious coincidence that two of the companies for which Iseman was lobbying John McCain in 1999 and 2000–the time of their potentially inappropriate relationship–also happen to be the two television companies that championed the Kerry smear, "Stolen Honor," in 2004.

Stolen Honor

Stolen Honor, you’ll recall, was a 45-long propaganda piece, repeating the allegations the Swift Boaters made against John Kerry. It came out in September 2004 (as Republicans have promised a smear against Hillary or Obama will come out at precisely the same time this cycle). Shortly thereafter, Sinclair Broadcasting ordered its stations to pre-empt normal broadcasting to play the "documentary." Sinclair also fired one employee who complained about the order.

After a blogswarm in response, Sinclair’s advertisers started pulling their advertising, which eventually led Sinclair to cut back its plans for the "documentary," showing clips of it as part of a program on Vietnam POWs on just 40 of its stations.

Friday night brings to a conclusion the fiercest media battle of the presidential campaign, when 40 of the Sinclair Broadcast Group’s 62 stations nationwide air a special program about the media and Vietnam War POWs. The show is likely to include generous portions of an anti-Kerry attack film, "Stolen Honor," that Sinclair executives had originally intended to air in its entirety just days before the election. In the face of lawsuits by stockholders, loss of advertising, questions about its abuse of the public airwaves and a falling stock price, however, Sinclair quickly cobbled together a revised program.

In the same time frame, Paxson Communications aired the entire "documentary" a number of times in the days leading up to the election, supported by NewsMax.

As FCC Commissioner Jonathan Adelstein described, the two companies were two disturbing examples of politicized broadcast policies.

Recent events seem to validate claims that broadcasters’ news coverage has been increasingly devoid of information to help citizens participate in their democracy, or, worse yet, promoting an ideology or unbalanced political agenda thinly disguised as journalism.18 Sinclair Broadcasting Group, which refused to air an ABC Nightline tribute to U.S. soldiers killed in Iraq deeming the show “politics disguised as news,” then instructed its 62 television stations to preempt regularly scheduled programming to air a politically-charged documentary, “Stolen Honor: Wounds That Never Heal,” even going so far as to fire its long-time reporter Jon Lieberman for criticizing the company’s plans.19 Lieberman subsequently asserted that Sinclair’s entire news operation is systematically ideologically driven by its owners’ political perspective. Although Sinclair broadcast a modified program, Paxson, which sells much of its non-prime air time for paid programming, then quietly broadcast the “Stolen Honor” documentary in its entirety ten times the weekend before the election on the PAX broadcasting network as an infomercial.20

These two companies (which in 1999, when Iseman’s relationship with McCain was in question, accounted for two of just 15 companies she represented) happen to be the two that aired right wing propaganda combating Kerry’s election.

Incidentally, McCain condemned Sinclair’s refusal to air the Nightline tribute.

Sen. John McCain, R-Ariz., blasted Sinclair’s decision: "There is no valid reason for Sinclair to shirk its responsibility in what I assume is a very misguided attempt to prevent your viewers from completely appreciating the extraordinary sacrifices made on their behalf by Americans serving in Iraq." In response, Sinclair V.P. Hyman tried to demean the military service of the decorated former prisoner of war, "To be perfectly honest, it’s been 25 years since [McCain’s] worn a military uniform."

But he resisted appeals for him to condemn Stolen Honor, in spite of its arguable violation of campaign finance issues. When finally asked formally about it, he declined to make any statement about the "documentary" itself. Though in a statement that is height of hypocrisy, McCain stated that it was a problem of media consolidation.

At a fund-raiser in Philadelphia last night, Sen. John McCain (R., Ariz.) complained of "media concentration" when asked about the Sinclair Broadcast Group’s decision to air Stolen Honor – a documentary critical of Sen. John Kerry’s anti-Vietnam War activities. McCain was asked about the film and its premise that Kerry’s antiwar comments prolonged the Vietnam conflict and the abuse of American prisoners of war. McCain, a former POW, said he had not seen the documentary and declined to discuss it. "I do have an opinion that this is an issue that results when you have media concentration, which I have been opposed to," he said at a fund-raiser for Sen. Arlen Specter (R., Pa.). "When you have media concentration – this is the largest TV owner with 62 stations – this is something that happens." [my emphasis]

Paxson Communication

I said that it was the height of hypocrisy for McCain to complain about media concentration, because his contribution to the consolidation of Paxson Communication–the company whose plane he was flying around on, in the company of Vicki Iseman–is well documented.

The Alliance for Progressive Action and the QED Accountability Project charge Senator John McCain with influencing Federal Communications Commission (FCC) approval of a hotly contested three-way Pittsburgh public television license exchange and sale. The decision favors Paxson Communications, a contributor to McCain’s presidential bid. The community groups await a response from the General Counsel of the FCC to their late Monday request for an investigation of McCain’s unusual actions.

On November 17, 1999 the Senator and Presidential candidate instructed the FCC commissioners to take action on the deal no later than December 15, 1999. "If in your judgment the Commission cannot meet this request, please advise me of this fact in writing, with a specific and complete explanation, no later than November 18, 1999," wrote McCain.

In a second letter, dated December 10, 1999, written to FCC Chair William Kennard, McCain was even more forceful in his resolution. He demanded, "if the license applications were not acted upon" that Chairman Kennard "…explain why." Obviously feeling the pressure, the commissioners voted to approve the application. However, the FCC press release indicated that the 30-page opinion included four separate dissenting opinions.

Kennard responded to McCain’s letter by saying, "It is highly unusual for the commissioners to be asked to publicly announce their voting status on a matter that is still pending." He said such inquiries "could have procedural and substantive impacts on the Commission’s deliberations and, thus, on the due process rights of the parties." [my emphasis]

This is the intervention that McCain’s advisors were allegedly so worried about in 1999, when he first ran for President.

Sinclair Broadcasting

What’s less clear is his role in the consolidation of Sinclair Broadcasting–the very same network that, McCain complained, was too concentrated. In the same period when Iseman was lobbying McCain to approve the channel swap in Pittsburgh for Paxson, Iseman was also Alcalde and Fay’s lead partner lobbying for Glencairn Broadcasting. She listed the House and the Senate as the parties she lobbied; presumably that includes the then Chair of the Senate Commerce Committee, John McCain, with whom she was flying around the country.

Glencairn was actually a shell corporation set up to allow Sinclair to own more than two broadcast stations in a particular market. While a former executive from Sinclair–who as an African American qualified the company as a minority owned business–was ostensibly its president, the Smith family (which owns Sinclair) owned a majority of Glencairn’s equity.

Sinclair operates six LMAs through a company called Cunningham Broadcasting, previously known as Glencairn Ltd. Cunningham is controlled by trusts in the name of Carolyn Smith, the mother of Sinclair president and CEO David Smith, as well as two Sinclair vice presidents, Duncan Smith and Frederick Smith, and Robert Smith, a director on Sinclair’s board.

The FCC established LMAs in the early-1990s to assist failing stations or to help start-ups share costs for such expenses as maintenance and advertising with older, established broadcasters.

However, Schwartzman says Sinclair used these business arrangements for the sole intention of eventually acquiring the stations themselves. "Sinclair has operated these LMAs as little more than a fig leaf for all but owning them outright," he said. "They’ve been pressed on this but unfortunately this FCC has let them off the hook."

Sinclair’s use of LMAs goes back to 1991 when it purchased WPGH-TV in Pittsburgh and then sold a Pittsburgh station it already owned, WCWB-TV, to a station employee, an African-American named Edwin Edwards. Edwards became the president of Glencairn, owning it under a minority tax-incentive program.

Between 1994 and 1997, Sinclair acquired second television stations in San Antonio, Greenville, S.C, Asheville, N.C. and elsewhere, placing them under Glencairn.

When the FCC liberalized its "duopoly rules" in 1999, permitting companies such as Sinclair to own two stations in markets with eight or more independent television owners, Sinclair applied to the FCC to purchase all of Glencairn’s stations.

However, Rainbow/PUSH, which has historically lobbied broadcasters to cover minority issues, filed a complaint charging that the company had "misrepresented facts and concealed the true extent of their business relationships" to own television stations that otherwise would not have been permitted under federal rules.

[snip]

In November 2001, the FCC fined both Sinclair and Glencairn $40,000 for violations to the 1934 Communications Act. However, FCC Chairman Powell and two other Republican appointees approved Sinclair’s request to purchase all but six stations. Shortly afterward, Glencairn’s name was changed to Cunningham Broadcasting.

Sinclair itself did less than $20,000 of lobbying in 1999, 2000, and 2001 (the years during which its two-station shell gimmick was under investigation); another lobbying firm did less than $10,000 of lobbying in 1999 and 2000. Shaw Pittman (which has a retired partner serving on Sinclair’s board) was also registered as a Sinclair lobbyist at the time, though it reported no activity. Which suggests the better part of the lobbying done in this period was done by Iseman and her colleagues (listed as $80,000 a year)–and done primarily through Congress, without contacting the FCC directly.

And at least according to what other lobbyists have to say about Iseman, her big asset in her lobbying portfolio was her access to John McCain.

Three telecom lobbyists and a former McCain aide, all of whom spoke on the condition of anonymity, said that Iseman spoke up regularly at meetings of telecom lobbyists in Washington, extolling her connections to McCain and his office. She would regularly volunteer at those meetings to be the point person for the telecom industry in dealing with McCain’s office.

It sure makes you wonder how much that access contributed to Sinclair getting off so lightly for using a shell corporation to evade restrictions on media ownership, doesn’t it? And it sure makes McCain’s complaints about media consolidation–particularly as it relates to consolidation his friend Iseman helped push through–rather hypocritical.

What this Means

Iseman’s role in two media corporations who did big favors for Bush, rather than McCain, actually raises more questions for me than it answers. My biggest question about this whole scandal is why this is coming out in 2008, rather than during the South Carolina campaign in 2000. If Iseman was bragging so openly about her access to McCain–and if McCain’s advisors saw it as one of his big weak points in the 2000 campaign–then why didn’t Karl Rove use it?

The stories about Iseman all suggest (without saying what it means) that her career took off out of nowhere, from receptionist to president’s special assistant to partner all in a matter of a couple of years. And her portfolio appears to be rather different than the earmarks portfolio that the company specializes in. Is there a back story to how Iseman became a one-person media lobbyist in such a short time? (Note, I’m not suggesting that she slept her way to the top–rather, I’m suggesting she may have been tapped to play a certain role for conservative media companies and that contributed to her value to the company.)

I don’t think Iseman’s earlier lobbying of McCain to help these two companies expand in 1999 and 2000 means Iseman had a role in the airing of Stolen Honor. But it does suggest something about the powerful people on whose behalf Iseman was lobbying McCain.


McCain’s “Favors” for One Special Lobbyist: The Bob Bennett Angle

If I’m not mistaken, NYT’s blockbuster detailing McCain’s inappropriate relationship with a telecom lobbyist is the matter in which Bob Bennett was representing the good Senator (no, I’m not–Bennett’s out working this story hard tonight). If you haven’t already read about this on every other lefty blog, here’s the jist:

Early in Senator John McCain’s first run for the White House eight years ago, waves of anxiety swept through his small circle of advisers.

A female lobbyist had been turning up with him at fund-raisers, visiting his offices and accompanying him on a client’s corporate jet. Convinced the relationship had become romantic, some of his top advisers intervened to protect the candidate from himself — instructing staff members to block the woman’s access, privately warning her away and repeatedly confronting him, several people involved in the campaign said on the condition of anonymity.

When news organizations reported that Mr. McCain had written letters to government regulators on behalf of the lobbyist’s client, the former campaign associates said, some aides feared for a time that attention would fall on her involvement.

Now, there are many angles to this story. The "McCain in charge of Senate oversight of telecoms" angle. The "McCain dalliance with a torture lobbist" angle. The "why does this woman look just like McCain’s wife?" angle. But for now, I’m just interested in the Bob Bennett angle.

Bennett’s been out pitching his new book; as part of that, I heard him on Diane Rehm. Bennett said he was representing McCain in a matter in which he allegedly gave a lobbyist special "favors."

Hmmm.

But that’s not the part I’m a bit stunned by. Actually, there are three parts I’m stunned by, just off the top of my head:

  • This story broke in the NYT. The last time we saw Bennett (before he was giving Jose Rodriguez’ story when Rodriguez refused to do so himself, I mean), he was standing in a hallway in the Prettyman Courthouse accepting Max Frankel’s thanks … "you did a good job for us today." Meaning "us," the NYT. In some twisted way, Bennett only recently rescued the NYT from its embarrassment named Judy Miller. But here his next big client save one is, having his Presidential aspirations seriously rocked by the same NYT. If I’m Bob Bennett right now, I’m bitching about those ingrates at the Times.
  • And let me remind you, this is the Bob Bennett who set the standard for working the press. When you hire Bob Bennett, you hire him to work the press for you. How well did that work out for John McCain? Maybe Bennett let his McCain guard down in favor of his book tour… but Bennett is frantically trying to work the press to put this genie back in the bottle.
  • And what about Bennett’s most famous client before that? No, I don’t mean Cap Weinburger. I mean Bubba Clinton, in the Paula Jones matter. Either McCain is just an idiot, or he didn’t think twice about the optics of having a guy who represented his potential opponent’s husband in a matter that erupted (sorry) into the biggest political sex scandal of all time. You want to bury the story of the pretty blond lobbyist, you don’t hire Bob Bennett.

Only that’s precisely what John McCain did.

Update: From the NYT article:

Mr. McCain said that the relationship was not romantic and that he never showed favoritism to Ms. Iseman or her clients. “I have never betrayed the public trust by doing anything like that,” he said. He made the statements in a call to Bill Keller, the executive editor of The New York Times, to complain about the paper’s inquiries.

First, "never" (which the campaign has repeated tonight) is an awfully long time. It seems that McCain has always admitted to showing favoritism to Keating. Which makes "never" kind of vague, huh?

And Bill Keller? Right in the middle of this? Ooh boy.

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Originally Posted @ https://www.emptywheel.net/straight-talk-lobbyists/page/2/