Jeff Smith objects to presentence investigation report

With just a little more than three weeks before his sentencing on federal election conspiracy charges, former Sen. Jeff Smith, D-St. Louis, is not liking the direction things are going.

In a sealed document filed today in U. S. District Court for the Eastern District of Missouri, Smith objected to the presentence investigation report. That would indicate the government is planning to recommend more prison time than Smith is wanting to serve.

Smith resigned from the Senate Aug. 25, the same day he pleaded guilty to the charges which involve running a smear campaign against Russ Carnahan, his opponent in the 2004 Congressional primary.

In a self-serving statement issued to his supporters that day, Smith softpedaled his actions, while concentrating heavily on his accomplishments in office.

Details revealed in court documents showed that Smith not only went along with a coverup of the activities of his operative, Milton Ohlsen during the primary campaign, but he also was willing to throw the blame on one of his former campaign aides who had died earlier. From the Aug. 25 Turner Report:

Not knowing that his conversation was being overheard by the feds, Sen. Jeff Smith, who resigned his seat and pleaded guilty to two felony counts of obstruction of justice, tried to talk his co-conspirator, Rep. Steve Brown, into blaming everything on the late Artie Harris.

During a June 30 meeting at Starbuck's Cafe in Clayton, Smith told Brown, "Can you put it on Arnie?" Smith asked. "If you can just put it on Arnie." Arnie Harris, a key member of Jeff Smith's 2004 Congressional campaign, died shortly after being interviewed by the FEC about accusations, since proven to be factual, that Smith's campaign worked with Milton "Skip" Ohlsen on the direct mailing of attack literature against the eventual winner of the Democratic primary, Russ Carnahan.

Smith continued to take that cowardly approach during another meeting with Brown and 2004 campaign treasurer and co-conspirator Nick Adams June 30 at Smith's home, again with the FBI listening in.

Smith and Adams tag-teamed Brown to get him to lay the entire blame on Harris. Adams said, "I'm alive and Artie's dead. Can was emphasize this was Artie's deal?"

Smith added, "Artie would totally want us to throw him under the bus here."

Smith's cover-up was detailed in other conversations that were monitored by the government, as noted in another Aug. 25 Turner Report post:

Smith, not realizing his conversation was being monitored by an FBI wiretap June 1 confirmed his connection to an unsuccessful backdoor attempt to derail Russ Carnahan's successful primary bid for the House seat being vacated by Richard Gephardt.

"Did I know (Milton Ohlsen) was going to do something/" Smith told his co-conspirator, Rep. Steve Brown during the telephone conversation. "Yeah, I mean I thought he was going to do something. If I didn't think he was going to do something, hen I would have said to Artie (Harris) and Nick (Adams) don't waste your time talking to that guy."

During that conversation, which was included in documents filed today in U. S. District Court for the Eastern District of Missouri, Smith acknowledged he knew Brown had paid Ohlsen money for the illegal mailing:

"I vividly remember somebody being like well (Ohlsen) wants to do this, and I was like, well, f------ let him do it, sweet. And they're like, well, he's going to need the money to do it, he'll need to get it from your donors, and I said, like hopefully, my donors will give it to him."

The court documents indicate another conversation between Smith and Brown, this one face to face was also monitored. During that conversation, Smith talked about what evidence the FBI had against him "I don't think he (Ohlsen) taped any phone conversations with me. I mean, I pray he didn't. I may have had a phone conversation with him where I acknowledged what he was doing."

Smith then admitted he was fully aware of what Ohlsen was doing. "I'm assuming that I broke the law by having knowledge of what (Ohlsen) was going to do. I don't know how they could prova that."

Smith then told Brown to lie to investigators. "Don't do anything stupid," he said. "Stupid would be telling them that things that are happening in your brain."

Smith said when he was interviewed he would be "Ninety percent honest."

Smith's sentencing is scheduled for 10 a.m. Nov. 17 in federal court in St. Louis.

Sealed documents: Jeff Smith jockeying for lighter sentence

Disgraced former Sen. Jeff Smith is jockeying for less time when he is sentenced Tuesday, Nov. 17, but none of us are going to be able to tell just what reasoning Smith and his lawyer are using in their efforts.

Following the same formula applied Thursday to the sentencing memorandum filed by former Rep. Steve Brown, D-St. Louis, Judge Carol Jackson sealed Smith's sentencing memorandum, which according to the docket, included 13 supplements.

Brown, of course, has become notorious since information about his guilty plea was first revealed, for his willingness to put the blame on dead colleague Artie Harris. From the Aug. 25 Turner Report:

Not knowing that his conversation was being overheard by the feds, Sen. Jeff Smith, who resigned his seat and pleaded guilty to two felony counts of obstruction of justice, tried to talk his co-conspirator, Rep. Steve Brown, into blaming everything on the late Artie Harris.

During a June 30 meeting at Starbuck's Cafe in Clayton, Smith told Brown, "Can you put it on Arnie?" Smith asked. "If you can just put it on Arnie." Arnie Harris, a key member of Jeff Smith's 2004 Congressional campaign, died shortly after being interviewed by the FEC about accusations, since proven to be factual, that Smith's campaign worked with Milton "Skip" Ohlsen on the direct mailing of attack literature against the eventual winner of the Democratic primary, Russ Carnahan.

Smith continued to take that cowardly approach during another meeting with Brown and 2004 campaign treasurer and co-conspirator Nick Adams June 30 at Smith's home, again with the FBI listening in.

Smith and Adams tag-teamed Brown to get him to lay the entire blame on Harris. Adams said, "I'm alive and Artie's dead. Can was emphasize this was Artie's deal?"

Smith added, "Artie would totally want us to throw him under the bus here."

Smith, not realizing his conversation was being monitored by an FBI wiretap June 1 confirmed his connection to an unsuccessful backdoor attempt to derail Russ Carnahan's successful primary bid for the House seat being vacated by Richard Gephardt:

"Did I know (Milton Ohlsen) was going to do something/" Smith told his co-conspirator, Rep. Steve Brown during the telephone conversation. "Yeah, I mean I thought he was going to do something. If I didn't think he was going to do something, hen I would have said to Artie (Harris) and Nick (Adams) don't waste your time talking to that guy."

"I vividly remember somebody being like well (Ohlsen) wants to do this, and I was like, well, f------ let him do it, sweet. And they're like, well, he's going to need the money to do it, he'll need to get it from your donors, and I said, like hopefully, my donors will give it to him."

The court documents indicate another conversation between Smith and Brown, this one face to face was also monitored. During that conversation, Smith talked about what evidence the FBI had against him "I don't think he (Ohlsen) taped any phone conversations with me. I mean, I pray he didn't. I may have had a phone conversation with him where I acknowledged what he was doing."

Smith then admitted he was fully aware of what Ohlsen was doing. "I'm assuming that I broke the law by having knowledge of what (Ohlsen) was going to do. I don't know how they could prove that."

Smith then told Brown to lie to investigators. "Don't do anything stupid," he said. "Stupid would be telling them that things that are happening in your brain."
Smith said when he was interviewed he would be "Ninety percent honest."

***

(Randy Turner's new book, Newspaper Days, is available at Amazon.com.)

Jeff Smith is a crook, plain and simple

Coverage of disgraced Sen. Jeff Smith, who resigned his seat earlier this week on the same day he pleaded guilty to two felony counts of conspiracy to obstruct justice, has bordered on the maudlin, with many reporters mentioning his great potential and going into details about the wonderful things he accomplished during his short time in office.

In the resignation letter he sent to supporters, Smith spent far more time talking about his accomplishments than he did the fact that he was a criminal who lied repeatedly to authorities, had no problem with trying to convince others to lie, and did not have a second thought about trying to palm off his sins on a dead man. Does this sound like someone who is contrite?

But I’m proud of my work in the Senate. With the help of my legislative staff, colleagues, and issue advocates, I believe I positively impacted several policy areas. I worked to create the Missouri Teaching Fellows Program to bring top-notch teachers to struggling school districts, expanded early childhood education for impoverished City children, and helped add $5M in bonuses to the salaries of City teachers whose students make exceptional academic progress.

My office spent many hours working with advocates for eco-friendly policies. I led the drive to pass a Green Sales Tax Holiday for energy-efficient appliances, a tax deduction for home energy audits, and a mandate that Missouri increase its energy efficiency standard for state buildings.

Working with the Fathers Support Center of St. Louis, I sponsored and passed two bills that will transform our child-support system. One will help fathers struggling to pay child support avoid felony convictions and jail time by creating “fathering courts” to help non-violent offenders find jobs and resume support payments, saving the state millions in incarceration costs. The second will reduce erroneous paternity judgments and ensure that men with DNA tests showing non-paternity will no longer have to pay for children who are not theirs.

Finally, I helped successfully defend Missouri’s Historic Preservation Tax Credit, which has done more than any other program to revitalize formerly dilapidated urban neighborhoods, creating jobs and putting abandoned buildings back onto the tax rolls.

Smith's record has been just as consistent when it comes to his sense of entitlement and his belief that the rules that apply to mere mortals do not apply to him. His political career began with this attempt to derail Russ Carnahan's candidacy through illegal means and his continued attempts to cover it up have been going on ever since.

Just as revealing was Smith's July 31, 2007, arrest at the Isle of Capri Casino in Boonville. Smith at the behest of Isle of Capri lobbyist Lynne Schlosser, used Rep. Joseph Aull's identification to gamble, something that Smith knew was illegal. As I wrote in the Sept. 25, 2007, Turner Report:

Smith, Rep. Joseph Aull, D-Marshall, Aull's wife Candee, Sen. Chuck Graham, D-Columbia, Sen. Wes Shoemyer, D-Clarence, Sen. Jolie Justus, D-Kansas City, and Rep. Judy Baker, D-Columbia, were having a night out on the town at the expense of a lobbyist representing a special interest with a stake in numerous bills that will come before the legislature during the 2008 session.

Shortly after Smith's arrest, I noted in the Aug. 6 Turner Report that Smith had been a big-time recipient of casino industry contributions, many carefully laundered through other committees:

An examination of Missouri Ethics Commission records shows Smith received $2,600 which can be directly traced to casinos during 2006, as well as $5,400 from casino lobbyists or their clients.
Another $4,800 appears to have come from Ameristar Casinos after being legally laundered through a Democratic party committee. On Aug. 12, 2006, the 94th House District Democratic Committee received a $5,000 contribution from Ameristar Casinos. Three days later, the committee gave $4,800 to Smith. Oddly, Smith's own committee disclosure form says the 94th Committee contribution came Aug. 11...the day before the committee received the Ameristar Casinos contribution.
Other casino or casino-related contributions for Smith include:

-30 days after general election 2006- Harrah's Operating $650, Isle of Capri Casinos $650
-Eight days before the election 2006- $500 contributions from Missouri Dental PAC, Missouri Pharmacy PAC, and Missouri Association of Nurse Anesthetists, all clients of Ameristar Casinos' lobbying firm Gamble & Schlemeier
-October 2006- John Bardgett and Associates, lobbying firm for Pinnacle Entertainment and numerous other clients, $650; Penn National Gaming $650
-30 days after primary- Two $650 contributions from Missouri Pharmacy PAC and $650 from MORESPAC, clients of Gamble and Schlemeier, $650 from Bardgett, $650 from Bardgett's lobbying firm
-94th House District, $4,800

Chris Liese, a former state representative from St. Louis, and now a lobbyist for Isle of Capri spent $910 wining and dining the legislators and Mrs. Aull on July 31, according to Missouri Ethics Commission documents. A total of $130 was spent on "meals, food, and beverage" for each person, the documents indicate.

Reports of Smith's behavior at the Isle of Capri lend even more credence to the earlier mentioned sense of entitlement. He refused to stop using his Blackberry,a violation of casino rules, he gambled on someone else's identification, which was illegal at the time, and when he was caught on it, it was the law that was bad, not Jeff Smith.

The charges against Smith, Aull, and Ms. Schlosser were dropped in April after the casino industry used its influence to change the law.

This time, there is no way for Smith to weasel out of his facing his responsibility, but please let's drop this nonsense about Smith's guilty plea being some kind of tragedy.

Jeff Smith was not some kind of Sir Galahad with tragic weaknesses; he is a crook, plain and simple.

GOP continues to play race card with Whitmore-Smith rejection

The Missouri Republican Party wasted no time playing the race card in its official statement concerning Senator-elect Jeff Smith's announcement that he will not support Gov. Matt Blunt's controversial appointment of voucher-supporter Donayle Whitmore-Smith to the State Board of Education.
The state GOP issued the following news release:

St. Louis Democrat state Sen.-elect Jeff Smith today showed that he is more interested in bowing to Democrat Party bosses than doing what’s right for Missouri students by rejecting Donayle Whitmore-Smith's nomination to the State Board of Education.

In a public statement issued today, Sen.-elect Smith contradicts himself by praising Whitmore-Smith’s efforts on behalf of urban education in the St. Louis area then in the same breath rejects her nomination because of a lack of experience.

"Jeff Smith’s politically-motivated rejection of Donayle Whitmore-Smith is a slap in the face to the African American community and to our urban schools. Jeff Smith is turning his back on his constituents in order to garner favor with Democrat leaders who have opposed Whitmore-Smith’s nomination," said Paul Sloca, communications director for the Missouri Republican Party. "It is this kind of dismissive attitude toward our urban schools that have led to problems like those currently surrounding the St. Louis Public School District. It’s a disgrace."

Whitmore-Smith would have been the only African American serving on the State Board with school age children.

***
The slap in the face to the African American community came from Gov. Blunt, who bypassed dozens of qualified African American women with children of school age to appoint an unqualified African American woman who happens to agree with the governor's position on educational vouchers.

Criminal connected to disgraced Missouri Democrats desperately trying to reduce prison time

Milton "Skip" Ohlsen, whose illegal tactics during Jeff Smith's campaign against Russ Carnahan for Congress, ended up resulting in felony criminal charges against both Smith and Rep. Steve Brown, D-St. Louis, is desperately trying to receive a lighter sentence, according to documents filed this week in U. S. District Court for the Eastern District of Missouri.

Ohlsen, who is scheduled to be sentenced Sept. 23 on bank fraud charges, says the presentencing report makes his crimes out to be more than they actually were.

Ohlsen's actions during the Smith-Carnahan race for the Democratic nomination to replace retiring Rep. Dick Gephardt, ultimately led to guilty pleas by Smith, Brown, and campaign treasurer Nick Adams on felony obstruction charges. Smith and Brown resigned their offices the day they entered their guilty pleas in federal court.

Smith revealed his own involvement in conversations with Brown, which were monitored by the FBI, with the information included in court documents. As I wrote in the Aug. 25 Turner Report:

Smith, not realizing his conversation was being monitored by an FBI wiretap June 1 confirmed his connection to an unsuccessful backdoor attempt to derail Russ Carnahan's successful primary bid for the House seat being vacated by Richard Gephardt.

"Did I know (Milton Ohlsen) was going to do something/" Smith told his co-conspirator, Rep. Steve Brown during the telephone conversation. "Yeah, I mean I thought he was going to do something. If I didn't think he was going to do something, hen I would have said to Artie (Harris) and Nick (Adams) don't waste your time talking to that guy."

That post also included this passage:

During that conversation, which was included in documents filed today in U. S. District Court for the Eastern District of Missouri, Smith acknowledged he knew Brown had paid Ohlsen money for the illegal mailing:

"I vividly remember somebody being like well (Ohlsen) wants to do this, and I was like, well, f------ let him do it, sweet. And they're like, well, he's going to need the money to do it, he'll need to get it from your donors, and I said, like hopefully, my donors will give it to him."

The court documents indicate another conversation between Smith and Brown, this one face to face was also monitored. During that conversation, Smith talked about what evidence the FBI had against him "I don't think he (Ohlsen) taped any phone conversations with me. I mean, I pray he didn't. I may have had a phone conversation with him where I acknowledged what he was doing."

Smith then admitted he was fully aware of what Ohlsen was doing. "I'm assuming that I broke the law by having knowledge of what (Ohlsen) was going to do. I don't know how they could prova that."

Smith then told Brown to lie to investigators. "Don't do anything stupid," he said. "Stupid would be telling them that things that are happening in your brain."

As I noted in another post the same day, Smith was also caught on wire attempting to push the blame for the Ohlsen operation on campaign official Arnie Harris, who died shortly after being interviewed by the FBI:

During a June 30 meeting at Starbuck's Cafe in Clayton, Smith told Brown, "Can you put it on Arnie?" Smith asked. "If you can just put it on Arnie." Arnie Harris, a key member of Jeff Smith's 2004 Congressional campaign, died shortly after being interviewed by the FEC about accusations, since proven to be factual, that Smith's campaign worked with Milton "Skip" Ohlsen on the direct mailing of attack literature against the eventual winner of the Democratic primary, Russ Carnahan.

Smith continued to take that cowardly approach during another meeting with Brown and 2004 campaign treasurer and co-conspirator Nick Adams June 30 at Smith's home, again with the FBI listening in.

Smith and Adams tag-teamed Brown to get him to lay the entire blame on Harris. Adams said, "I'm alive and Artie's dead. Can was emphasize this was Artie's deal?"

Smith added, "Artie would totally want us to throw him under the bus here."

Court filing: Steve Brown's aid to FBI should result in lighter sentence

In a memorandum filed Monday in U. S. District Court for the Eastern District of Missouri, former Rep. Steve Brown, D-St. Louis, says he should receive a lighter sentence on his felony election conspiracy charge due to his work in helping the FBI nail his co-conspirator, Sen. Jeff Smith, D-St. Louis.

Brown's attorney notes that FBI officials could testify that Brown's help, resulted in "four other felony convictions that would have been difficult or unlikely..."

The court document notes that Brown's help with the FBI investigation began almost immediately:

He was not charged in a second conspiracy count (as were two other defendants) for the reason that at all times involving that count he was not a participant in any wrongful conduct but in fact was acting in cooperation with and at the direction of the
Federal Bureau of Investigation. When first interviewed by the FBI Agents concerning the circumstances relating to a cover up to thwart an inquiry being conducted by the Federal Election Commission, Mr. Brown was immediately forthright and completely
truthful. He realized that what he had done to help derail the review being conducted by the Federal Election Commission was unlawful and morally wrong as well.

Consequently, without hesitation he endeavored to remedy the situation as best he could by being candid and completely truthful with the agents. He also actively participated in cooperation with them in the furtherance of their investigation.

Brown offered recommendations on how he could serve the community better through pro bono work, though not as a lawyer since he has surrendered his license. He also noted that he had to resign from the House of Representatives and from a position as a trustee of Blackburn College:

When considering the aforementioned consequences taken together with the embarrassment and humiliation suffered by Mr. Brown by reason of the high profile of this matter, it seems that the Court’s duty to impose a sentence sufficient but not great
than necessary would be satisfied without incarceration.

Mr. Brown is 42 years old, married to Rebecca and they are the parents of two young children, ages 5 (Ben) 2 (Sarah). Until now, Mr. Brown, as well as his family has enjoyed an exemplary reputation in this community, both for their public service and
their charity. This has been strongly attested to by the volume and content of the letters the Court has received in support of Mr. Brown.

It is respectfully submitted and requested that Mr. Brown not be incarcerated. A sentence of probation with significant community service as its principal requirement would seem to satisfy the requirements of Title 18, Section 3553. Although he has no law license, a position (pro bono) with the Eastern Missouri Legal Services Office would benefit the community, as well as himself. Under such an arrangement Mr. Brown could assist staff lawyers, however, could not advise clients, could not appear in court or perform any other function ordinarily done by an attorney. This type of activity has been approved in the past for lawyers who have been disbarred and in fact has been encouraged

Brown is not the only defendant angling for a lighter sentence. As The Turner Report first noted on Oct. 27, Smith has also filed court documents disputing pre-sentencing recommendations, only his filing was sealed and is not open to public scrutiny:

In a sealed document filed today in U. S. District Court for the Eastern District of Missouri, Smith objected to the presentence investigation report. That would indicate the government is planning to recommend more prison time than Smith is wanting to serve.

Smith resigned from the Senate Aug. 25, the same day he pleaded guilty to the charges which involve running a smear campaign against Russ Carnahan, his opponent in the 2004 Congressional primary.

In a self-serving statement issued to his supporters that day, Smith softpedaled his actions, while concentrating heavily on his accomplishments in office.

Details revealed in court documents showed that Smith not only went along with a coverup of the activities of his operative, Milton Ohlsen during the primary campaign, but he also was willing to throw the blame on one of his former campaign aides who had died earlier. From the Aug. 25 Turner Report:

Not knowing that his conversation was being overheard by the feds, Sen. Jeff Smith, who resigned his seat and pleaded guilty to two felony counts of obstruction of justice, tried to talk his co-conspirator, Rep. Steve Brown, into blaming everything on the late Artie Harris.

During a June 30 meeting at Starbuck's Cafe in Clayton, Smith told Brown, "Can you put it on Arnie?" Smith asked. "If you can just put it on Arnie." Arnie Harris, a key member of Jeff Smith's 2004 Congressional campaign, died shortly after being interviewed by the FEC about accusations, since proven to be factual, that Smith's campaign worked with Milton "Skip" Ohlsen on the direct mailing of attack literature against the eventual winner of the Democratic primary, Russ Carnahan.

Smith continued to take that cowardly approach during another meeting with Brown and 2004 campaign treasurer and co-conspirator Nick Adams June 30 at Smith's home, again with the FBI listening in.

Smith and Adams tag-teamed Brown to get him to lay the entire blame on Harris. Adams said, "I'm alive and Artie's dead. Can was emphasize this was Artie's deal?"

Smith added, "Artie would totally want us to throw him under the bus here."

Smith's cover-up was detailed in other conversations that were monitored by the government, as noted in another Aug. 25 Turner Report post:

Smith, not realizing his conversation was being monitored by an FBI wiretap June 1 confirmed his connection to an unsuccessful backdoor attempt to derail Russ Carnahan's successful primary bid for the House seat being vacated by Richard Gephardt.

"Did I know (Milton Ohlsen) was going to do something/" Smith told his co-conspirator, Rep. Steve Brown during the telephone conversation. "Yeah, I mean I thought he was going to do something. If I didn't think he was going to do something, hen I would have said to Artie (Harris) and Nick (Adams) don't waste your time talking to that guy."

During that conversation, which was included in documents filed today in U. S. District Court for the Eastern District of Missouri, Smith acknowledged he knew Brown had paid Ohlsen money for the illegal mailing:

"I vividly remember somebody being like well (Ohlsen) wants to do this, and I was like, well, f------ let him do it, sweet. And they're like, well, he's going to need the money to do it, he'll need to get it from your donors, and I said, like hopefully, my donors will give it to him."

The court documents indicate another conversation between Smith and Brown, this one face to face was also monitored. During that conversation, Smith talked about what evidence the FBI had against him "I don't think he (Ohlsen) taped any phone conversations with me. I mean, I pray he didn't. I may have had a phone conversation with him where I acknowledged what he was doing."

Smith then admitted he was fully aware of what Ohlsen was doing. "I'm assuming that I broke the law by having knowledge of what (Ohlsen) was going to do. I don't know how they could prova that."

Smith then told Brown to lie to investigators. "Don't do anything stupid," he said. "Stupid would be telling them that things that are happening in your brain."

Smith said when he was interviewed he would be "Ninety percent honest."

Another co-conspirator, former campaign treasurer Nick Adams also filed sealed documents late last month disputing the recommendations of his pre-sentence investigation.

Sentencing for Brown, Smith, and Adams is scheduled for 10 a.m. Tuesday, Nov. 17, in St. Louis.

***

(Randy Turner's new book, Newspaper Days, is available at Amazon.com.)

Jeff Smith: Let's blame it on the dead guy

Not knowing that his conversation was being overheard by the feds, Sen. Jeff Smith, who resigned his seat and pleaded guilty to two felony counts of obstruction of justice, tried to talk his co-conspirator, Rep. Steve Brown, into blaming everything on the late Artie Harris.

During a June 30 meeting at Starbuck's Cafe in Clayton, Smith told Brown, "Can you put it on Arnie?" Smith asked. "If you can just put it on Arnie." Arnie Harris, a key member of Jeff Smith's 2004 Congressional campaign, died shortly after being interviewed by the FEC about accusations, since proven to be factual, that Smith's campaign worked with Milton "Skip" Ohlsen on the direct mailing of attack literature against the eventual winner of the Democratic primary, Russ Carnahan.

Smith continued to take that cowardly approach during another meeting with Brown and 2004 campaign treasurer and co-conspirator Nick Adams June 30 at Smith's home, again with the FBI listening in.

Smith and Adams tag-teamed Brown to get him to lay the entire blame on Harris. Adams said, "I'm alive and Artie's dead. Can was emphasize this was Artie's deal?"

Smith added, "Artie would totally want us to throw him under the bus here."

Government asks court to unseal letters of support for Jeff Smith

Acting U. S. Attorney Michael Reap filed a motion in U. S. District Court for the Eastern District of Missouri today asking that letters of support for former Sen Jeff Smith, D-St. Louis, who was sentenced to one year and one day in prison Tuesday, be made public:

1. Attached as Exhibit A to defendant Smith’s Sentencing Memorandum were a number of letters for the Court’s consideration relative to defendant’s sentencing.

Additionally, defendant Smith filed a number of additional letters in a separate pleading entitled Supplement to Defendant Jeff Smith’s Sentencing Memorandum. Both Exhibit A to defendant’s Sentencing Memorandum, and the Supplement to defendant’s Sentencing Memorandum were filed under seal, and these letters remain under seal.

2. The United States has received numerous inquiries from various news and media
organizations requesting access to the above-referenced letters. Ordinarily, while sentencing memoranda are filed under seal as they may reference matters contained within the Presentence Investigation Report, letters in support of a defendant are not under seal, just as the courtroom would be open to the public if the letter writers appeared in person before the Court at sentencing and addressed the Court.

3. Defendant Jeff Smith, through counsel Richard Greenberg, has advised that defendant
has no objection to unsealing the above-referenced letters in order to make them public.

Smith resigned from the Senate Aug. 25, the same day he pleaded guilty to obstruction charges involving a coverup of illegal activiity during his unsuccessful 2006 Congressional campaign against Russ Carnahan.

Smith will not support voucher proponent's appointment to State Board of Education

Gov. Matt Blunt's continuing efforts to stack the State Board of Education with educational voucher proponents ran into another obstacle Tuesday when Sen. Jeff Smith, D-St. Louis, said he would not support the governor's appointment of former Rep. Dario Gambaro, D-St. Louis. Gambaro, whom Smith defeated for election to the senate, is a longtime voucher supporter and has been serving on the board since Blunt appointed him during the Senate recess:

State Sen. Jeff Smith announced late yesterday he opposes keeping former opponent Derio Gambaro on the State Board of Education.

The move should come as no surprise: Smith expressed misgivings when Gov. Matt Blunt made the appointment in June. But, because the appointment came when the legislature was not in session, there was not much he could do about it.

Now that lawmakers have reconvened, the Senate – keeping with tradition of deferring to a nominee’s home senator – will follow Smith’s lead and undo the recess appointment.

Though Smith and Gambaro, both Democrats, tussled in the 2006 primary election, that doesn’t appear to have played much, of any, role.

Rather, it’s ideological differences: Smith is a fan of school choice, but only so far as charter schools go. Gambaro supports using tax credits to send children from failing districts to private or parochial schools.

Also, according to a release from Smith, Gambaro believes in the “consideration of religious theories of human origin in public school settings.”

“While I continue to support public school choice, “ Smith said in a statement, “I fear that the aforementioned positions may breach

the separation of church and state, and I cannot sponsor nominees who advocate them.”

Gambaro marks the second voucher proponent, following Donayle Whitmore-Smith that Smith has refused to support. Blunt has also nominated Debi Demien, who has a long history of supporting public money for private schools and Rev. Stan Archie, who also has a history of connection to private school interests, to the board.

FBI wiretap leads to Sen. Jeff Smith's guilty plea

It may have been Milton "Skip" Ohlsen who steered the FBI in the direction of Sen. Jeff Smith, D-St. Louis, but it was Smith who ended up giving the feds the information that led to his guilty plea today in federal court to two conspiracy to obstruct justice charges.

Smith, not realizing his conversation was being monitored by an FBI wiretap June 1 confirmed his connection to an unsuccessful backdoor attempt to derail Russ Carnahan's successful primary bid for the House seat being vacated by Richard Gephardt.

"Did I know (Milton Ohlsen) was going to do something/" Smith told his co-conspirator, Rep. Steve Brown during the telephone conversation. "Yeah, I mean I thought he was going to do something. If I didn't think he was going to do something, hen I would have said to Artie (Harris) and Nick (Adams) don't waste your time talking to that guy."

During that conversation, which was included in documents filed today in U. S. District Court for the Eastern District of Missouri, Smith acknowledged he knew Brown had paid Ohlsen money for the illegal mailing:

"I vividly remember somebody being like well (Ohlsen) wants to do this, and I was like, well, f------ let him do it, sweet. And they're like, well, he's going to need the money to do it, he'll need to get it from your donors, and I said, like hopefully, my donors will give it to him."

The court documents indicate another conversation between Smith and Brown, this one face to face was also monitored. During that conversation, Smith talked about what evidence the FBI had against him "I don't think he (Ohlsen) taped any phone conversations with me. I mean, I pray he didn't. I may have had a phone conversation with him where I acknowledged what he was doing."

Smith then admitted he was fully aware of what Ohlsen was doing. "I'm assuming that I broke the law by having knowledge of what (Ohlsen) was going to do. I don't know how they could prova that."

Smith then told Brown to lie to investigators. "Don't do anything stupid," he said. "Stupid would be telling them that things that are happening in your brain."

Smith said when he was interviewed he would be "Ninety percent honest."

Smith's sentencing is scheduled for 10 a.m. Nov. 17, two weeks after his successor will be chosen in a special election.

Smith a big-time recipient of casino cash

Sen. Jeff Smith, D-St. Louis, didn't get the chance to latch onto any casino cash when he tried to use Rep. Joe Aull's identification to gamble at the Isle of Capri casino in Boonville and was charged with a misdemeanor, but his campaign committee has hit the jackpot thanks to casino interests.
An examination of Missouri Ethics Commission records shows Smith received $2,600 which can be directly traced to casinos during 2006, as well as $5,400 from casino lobbyists or their clients.
Another $4,800 appears to have come from Ameristar Casinos after being legally laundered through a Democratic party committee. On Aug. 12, 2006, the 94th House District Democratic Committee received a $5,000 contribution from Ameristar Casinos. Three days later, the committee gave $4,800 to Smith. Oddly, Smith's own committee disclosure form says the 94th Committee contribution came Aug. 11...the day before the committee received the Ameristar Casinos contribution.
Other casino or casino-related contributions for Smith include:

-30 days after general election 2006- Harrah's Operating $650, Isle of Capri Casinos $650
-Eight days before the election 2006- $500 contributions from Missouri Dental PAC, Missouri Pharmacy PAC, and Missouri Association of Nurse Anesthetists, all clients of Ameristar Casinos' lobbying firm Gamble & Schlemeier
-October 2006- John Bardgett and Associates, lobbying firm for Pinnacle Entertainment and numerous other clients, $650; Penn National Gaming $650
-30 days after primary- Two $650 contributions from Missouri Pharmacy PAC and $650 from MORESPAC, clients of Gamble and Schlemeier, $650 from Bardgett, $650 from Bardgett's lobbying firm
-94th House District, $4,800

The following account of Smith's Isle of Capri embarrassment was just posted on the Kansas City website:

Last Tuesday evening, Smith and several other lawmakers were at the Isle of Capri Casino in Boonville for a private dinner and a bit of lobbying by casino officials.

Smith, a freshman Democrat, admitted using someone else's player card to later enter the casino, where he played poker for a couple of hours before Missouri Highway Patrol gaming agents caught up with him. How and why they caught up with him is not clear.

Smith, a member of the upper chamber's Judiciary and Civil and Criminal Jurisprudence Committee, has publicly apologized and acknowledged his own poor judgment.
"I made a mistake," he said. "It won’t happen again."

Smith was cited with a Class B misdemeanor for using false identification and then was escorted off the property.

Smith said that at the time a casino employee he couldn't identify provided him with a player card after he realized he didn't have his driver's license with him, which would have enabled him to properly obtain his own entry card.

Since then the plot has thickened. Rep. Joe Aull, a Marshall Democrat, has now admitted it was his card Smith used to enter the casino.

Last week Smith said he didn't recall whose name was on the card. After the flap hit the headlines, it was soon revealed that Isle lobbyist Lynne M. Schlosser had borrowed Aull's card on Smith's behalf. Aull acknowledges he gave his card to "an Isle lobbyist."

"I gave her the card," Aull said Monday. "I assume she gave it to him." Aull said the card was returned to him a few minutes later. He then used it to also enter the casino.

"I was just trying to help out a friend," Aull said of Smith. "He came a long way and was legitimate to get in if he had had his ID with him."

Highway Patrol gaming agents on Monday turned the case over to Cooper County Prosecuting Attorney Doug Abele, who now will decide whether to press charges against Smith and possibly Aull or Schlosser, who reportedly has been fired by St. Louis-based Isle.

Smith lawyer attacks gambling identification law

When you know they have your client dead to rights, attack the law.
That's what Sen. Jeff Smith's lawyer, lobbyist and Missouri Democratic Party bigwig Joseph Bednar is doing as he defends his client against charges that he illegally used someone else's identification card to gamble at the Isle of Capri casino in Boonville on July 31.

In an article posted today, the St. Louis Post-Dispatch quotes from documents filed by Bednar in Cooper County Circuit Court:

"The question is: Does the Missouri citizen have a right to gamble and not have everybody know who he is?" asked Smith's lawyer, Joe Bednar.

The card is needed to pass through the turnstiles at all Missouri casinos. To sign up for one, visitors must provide a form of government-issued ID. Gamblers also must present the card when they buy in, ensuring they don't exceed the limit of purchasing more than $500 in chips in a two-hour period.

Smith, 33, did not have his drivers license with him when he visited the Isle of Capri Casino on July 31. To get in, he used a player's card issued to state Rep. Joe Aull of Marshall, one of several Democratic legislators who had been on a tour of the casino.

Smith says he used Aull's card at the urging of a casino lobbyist, Lynne Schlosser, who was hosting the group. Later, when Smith drew the attention of casino security for refusing to put down his BlackBerry while playing Texas Hold 'Em, gaming officials realized he did not have his own player's card. The cards do not have photos.

Bednar offers his views on what the law was "really intended" to do, which, of course, was not to catch supposedly honest, law-abiding citizens like Jeff Smith, who just wanted to gamble while they were indulging in a lobbyist-financed junket:

Bednar's Nov. 5 court motion questions the state's interpretation of the law, saying it is intended to prevent anyone under age 21 from entering a casino — not to catch individuals otherwise qualified to gamble. Among other purposes, the player's card is used for revenue and marketing, Bednar argues. It's not, he says, an official ID.

"It's basically your direct mail list for the casino," said Bednar, who served as chief counsel to Gov. Mel Carnahan. "When you go to a liquor store, you have to prove you are 21. They don't get to take down all of your personal information."

A request by Smith, Aull and Ms. Schlosser for a change of judge and change of venue will be taken up during a 3 p.m. Dec. 11 hearing in Cooper County Circuit Court.

Government responds to Jeff Smith's objection to pre-sentence report

With only five days left before sentencing, the government filed a memorandum today responding to the objections of former Sen. Jeff Smith, D-St. Louis to the pre-sentence investigation. As usual, the documents were sealed.

Smith pleaded guilty Aug. 25 to federal election conspiracy charges stemming from his unsuccessful 2006 primary election battle against Russ Carnahan for U. S. representative.

Smith, former Rep. Steve Brown, D-St. Louis, and campaign treasurer Nick Adams will be sentenced Nov. 17 in St. Louis.

Previous Turner Report posts on Jeff Smith can be found at this link:

Charges apparently dropped against Smith, Aull in Isle of Capri case

Misdemeanor charges against Sen. Jeff Smith, D-St. Louis, and Rep. Joseph Aull, D-Marshall, in connection with a July 31, 2007, lobbyist-financed junket to the Isle of Capri Casino in Boonville, have apparently been dropped.

Case.net no longer shows any charges pending against Smith, Aull, or lobbyist Lynne Schlosser, who were charged after Aull, at Ms. Schlosser's behest, provided his identification to Smith so Smith could gamble. Trials for Smith and Ms. Schlosser had been set for this summer in Cooper County, while Aull's trial had been scheduled for this summer in Pettis County on a change of venue.

The following information about the junket was featured in the Sept. 25, 2007, Turner Report, posted the day the two legislators and Ms. Schlosser were indicted:

Smith, Aull, Aull's wife Candee, Sen. Chuck Graham, D-Columbia, Sen. Wes Shoemyer, D-Clarence, Sen. Jolie Justus, D-Kansas City, and Rep. Judy Baker, D-Columbia, were having a night out on the town at the expense of a lobbyist representing a special interest with a stake in numerous bills that will come before the legislature during the 2008 session.

Shortly after Smith's arrest, I noted in the Aug. 6 Turner Report that Smith had been a big-time recipient of casino industry contributions, many carefully laundered through other committees:

An examination of Missouri Ethics Commission records shows Smith received $2,600 which can be directly traced to casinos during 2006, as well as $5,400 from casino lobbyists or their clients.
Another $4,800 appears to have come from Ameristar Casinos after being legally laundered through a Democratic party committee. On Aug. 12, 2006, the 94th House District Democratic Committee received a $5,000 contribution from Ameristar Casinos. Three days later, the committee gave $4,800 to Smith. Oddly, Smith's own committee disclosure form says the 94th Committee contribution came Aug. 11...the day before the committee received the Ameristar Casinos contribution.
Other casino or casino-related contributions for Smith include:

-30 days after general election 2006- Harrah's Operating $650, Isle of Capri Casinos $650
-Eight days before the election 2006- $500 contributions from Missouri Dental PAC, Missouri Pharmacy PAC, and Missouri Association of Nurse Anesthetists, all clients of Ameristar Casinos' lobbying firm Gamble & Schlemeier
-October 2006- John Bardgett and Associates, lobbying firm for Pinnacle Entertainment and numerous other clients, $650; Penn National Gaming $650
-30 days after primary- Two $650 contributions from Missouri Pharmacy PAC and $650 from MORESPAC, clients of Gamble and Schlemeier, $650 from Bardgett, $650 from Bardgett's lobbying firm
-94th House District, $4,800

Chris Liese, a former state representative from St. Louis, and now a lobbyist for Isle of Capri spent $910 wining and dining the legislators and Mrs. Aull on July 31, according to Missouri Ethics Commission documents. A total of $130 was spent on "meals, food, and beverage" for each person, the documents indicate.

Smith issues statement on opposition to Whitmore-Smith nomination

The following statement was released by newly-elected Sen. Jeff Smith, D-St. Louis, concerning his reasons for opposing the nomination of leading voucher proponent Donayle Whitmore-Smith to the State Board of Education:

Donayle Whitmore-Smith is a leader of courage and action. She has dedicated the last decade of her life to improving urban education by founding the Ptah Academy in St. Louis and attempting to provide additional educational options to children across the state. As an educator, an activist, and a parent, she has much to be proud of.

That said, she is not an appropriate candidate for the State Board of Education.

The State Board is the steward for Missouri's public schools. As such, its members should possess a breadth and depth of experience in public education and/or a background as strong advocates for public schools. Given Ms. Whitmore-Smith's lack of experience as a public school teacher, administrator, or advocate - and the fact that she has spent much of her adult life promoting private educational options - I am concerned about her ability to focus on improving our public schools. At a time when the St. Louis Public Schools are on the verge of losing accreditation and falling under the purview of the State, all members of the State Board must concentrate on the task at hand.

Equally troubling was Ms. Whitmore-Smith's noncommittal response to my question about the relative merits of teaching creation vs. evolution in public school science classes. In order to train a workforce that will help Missouri become a biotechnology hub, our schools must teach modern science and ensure that religious doctrine remains in appropriate venues.

It should be noted, as the co-founder of a group of public charter schools, I have advocated some of the very alternative educational options that Ms. Whitmore-Smith has supported. I neither retract my advocacy nor disparage hers. In fact, I appreciate her energy and her work. While I have not always agreed with Ms. Whitmore-Smith's policy prescriptions, she has been a passionate advocate for her cause and fresh voices like hers should be welcomed.

I have truly appreciated the input of thousands of Missourians while evaluating this nominee. Lamentably, however, some on both sides have succumbed to histrionics and demagoguery. Ms. Whitmore-Smith is not out to eviscerate public education; conversely, voucher opponents are not out to trap poor children in failing schools. And the abysmal outcomes of St. Louis public schools are not solely the result of bureaucratic dysfunction but, more broadly, the consequence of decades of segregation, benign neglect, and middle-class flight.

For the sake of our children and our state's economic future, we must move past petty political bickering to come together and find practical solutions to these problems. That means considering open enrollment policies so that children can choose any public school in a district, lateral certification opportunities for trained scientists, mathematicians, and linguists to ease the shortages of qualified teachers in their subject areas, continuation of St. Louis's voluntary transfer program, and expansion of innovative charter schools [such as the Knowledge is Power (KIPP) model] that provide increased choice within the public school framework while remaining accountable to the State Board.

Finally, I wish Ms. Whitmore-Smith the very best in her future endeavors. I hope we have opportunities to find common ground and work together on some of the above initiatives. And I hope that, in keeping with tradition and the historical mission of the State Board, Governor Blunt's future nominees have more extensive experience in public education.

***
Governor Matt Blunt has indicated he will not push forward with the Whitmore-Smith nomination without Smith's approval.

Blunt works to shore up Whitmore-Smith nomination

Seeking to shore up his nomination of embattled voucher supporter Donayle Whitmore-Smith to the State Board of Education, Governor Matt Blunt today sent Senator Jeff Smith, D-St. Louis, a file of letters supporting her. Blunt has said he will not push forward with the nomination if Smith, the senator from Ms. Whitmore-Smith's district, does not approve of her.
In a news release, Blunt played the African-American card, noting that he had appointed Ms. Whitmore-Smith and Rev. Stan Archie, both of whom are African-American, to the board. According to the news release:

If the Senate approves Whitmore-Smith, she would be the only African-American parent of school age children serving on the board. Last week, Blunt appointed another African-American to the State Board of Education, Reverend Stanley Archie of Kansas City.

This seems to be an attempt on Blunt's part to add a racist element to anyone who dares oppose the appointment of African-Americans to the State Board of Education. What is not mentioned anywhere in the news release is the reason for the opposition. Ms. Whitmore-Smith has been a longtime supporter of vouchers and has always showed contempt for public schools. While Rev. Archie does not have the baggage that Ms. Whitmore-Smith carries, he, too, is a supporter of vouchers and the latest euphemism for them, tuition tax credits.

The release continues:

"Donayle Whitmore-Smith has the qualifications and background to serve in this post and help our children get the education they need to be successful," Blunt said. "She will also bring a diversity of opinion to the state’s school board. Many others agree that she is the right choice for the State Board of Education. I know Donayle would appreciate the support of her incoming State Senator and we hope that he will consider the many letters we have received endorsing her appointment."

The release continues:

The letters of support for Whitmore-Smith range from parents who sent their children to the school that Whitmore-Smith founded, to a Governor Carnahan appointee to the Coordinating Board of Higher Education, to a university administrator, to the President/CEO of the Urban League of St. Louis, to a member from the Coalition of Hispanic Organizations’ Educational Committee, to Missouri citizens who strongly support the governor’s position regarding a need for a diversity of opinions on the state’s school board.

The only diversity Governor Blunt is seeking is to appoint people who agree with the views of his supporters, All Children Matter and other voucher advocates, that the only way to repair a public school system which Blunt claims is broken, is to appoint people who are willing to divert public money to private schools. To make that assertion, and then to play the race card on top of that, is truly despicable.

Jeff Smith's former treasurer also angling for lighter sentence

With only eight days to go before his sentencing on felony election conspiracy charges, Nick Adams, who served as treasurer for Jeff Smith's 2006 Congressional campaign, is doing his best to trim the length of his sentence.

Adams' lawyer filed a sealed sentencing memorandum in U. S. District Court for the Eastern District of Missouri today, including 30 exhibits, according to the docket sheet.

The former Sen. Smith, D-St. Louis, has already filed a sealed memorandum, as did their co-conspirator, former Rep. Steve Brown, D-St. Louis. Brown's memorandum was originally filed in open court, and then was sealed after its contents were reported on this blog.

All previous Turner Report posts on Jeff Smith and Steve Brown can be found at this link.

***


(Randy Turner's new book, Newspaper Days, is available at Amazon.com.)

Florissant senator leads Turner Report Hall of Shame

The Republicans may be in charge in Jefferson City, but it's the Democrats who are raking in the lobbyists' gifts in the Missouri Senate.
Missouri Ethics Commission documents show that even though only 13 of the 34 Senators are Democrats, seven Democrats are among the top 10 in gifts received during the first two months of the 2007 legislative session.
The Democrats hold the top three positions led by Timothy Green, Florissant, who has already compiled a whopping $1,166.47 worth of gifts, followed by Jeff Smith, D-St. Louis at $977.39, and Maida Coleman, D-St. Louis at $834.39.
Other Democrats making the Turner Report Hall of Shame are:
6. Wes Shoemyer, Clarence, $783.74
7. Ryan McKenna, Festus, $723.34
9. Chuck Graham, Columbia, $635.74
10. Rita Days, St. Louis $567.79.

The top Republican on the list was Luann Ridgeway, Smithville, who placed fourth with $806.93. Scott Rupp, Wentzville, fifth, $796.45, and John Griesheimer, Washington, eighth, $710.43.

The top southwest Missouri senator was Dan Clemons, R-Marshfield, who placed 12th with $513.35. Jack Goodman, R-Mount Vernon, finished 15th at $440.16, Gary Nodler, R-Joplin, 17th at $412.34, Norma Champion, R-Springfield, 25th at $181.64, and Delbert Scott, R-Lowry City, 27th at $106.84.

Two senators, Kevin Engler, R-Farmington, and Chuck Purgason, R-Caulfield, did not accept any gifts from lobbyists.

Timothy Green- The big-ticket items on Green's list included $371.90 for "food for inauguration" on Jan. 3 from James R. Moody, representing Integrity Home Care. Green also received $128.41 in entertainment, listed as "tickets" from Nicholas Frey, lobbyist for Stinson, Morrison & Hecker, and $144 for basketball tickets from MU lobbyist Martin Oetting.

Jeff Smith- Apparently, the Democrats were suckers for having that free food during the inauguration. Chris Moody, representing Missouri Care, provided Smith with $134.63 in free food for an inaugural ball, but that wasn't the only meal money to come pouring in for the freshman senator. On the same day, he received $250 for meals, food and beverage from Richard McIntosh, with the food purportedly provided for his lobbying firm, Flotron & McIntosh; and $123.29 from Matt Hill, with Hill listed as representing himself. Hill is also the lobbyist for a number of interests, including Burlington Northern Railroad.

Maida Coleman- On Jan. 26, Jorgen Schlemeier, Ameristar Casino lobbyist provided Ms. Coleman with $118 worth of travel and lodging and $28 for meals, food, and beverage. Schlemeier credited the expense to seven of his clients, including Ameristar, with six of them put down for $16.94, and the seventh for $16.97. Among other gifts- John Britton, lobbyist for Anheuser-Busch, provided her with $122.68 for meals, food, and beverage on Jan. 2.

Luann Ridgeway- Ms. Ridgeway's largest gift, $87.95, was from David Hale, Missouri Hospital Association, for a meal.

Scott Rupp- Most of Rupp's expenses came on Jan. 3 as he and many of our elected representatives had a great old time celebrating the inauguration (imagine how big it would have been if anyone had actually been inaugurated this year). On Jan. 3, Rupp received $119.43 from Jerry Burch, listed as representing Burch & Associates, for "inauguration reception at Capitol," $200 from Mark Rhoads,listed as representing The Rhoads Company, for meals, and $250 from David Hale of the Missouri Hospital Association for meals.

(Photos, from left, Timothy Green, Jeff Smith, Maida Coleman, Luann Ridgeway, Scott Rupp)

Jeff Smith responds to government's response to his sentencing memorandum

The battle of the sealed responses continues on the eve of the sentencing of former Sen. Jeff Smith, D-St Louis, former Rep. Steve Brown, D-St. Louis, and Smith's former campaign treasurer Nick Adams, on federal election crimes.

Smith's attorneys filed a sealed response this morning to the government's response to Smith's sentencing memorandum, which was issued following the filing of the government's presentence investigation report.

No motions or memoranda have been filed by lawyers representing Brown and Adams.

Previous posts on Smith and Brown can be found at this link.

Senator leaning against Whitmore-Smith appointment

The St. Louis American, in a thoughtful examination of the educational voucher debate, quotes newly-elected Senator Jeff Smith as saying he is leaning against Gov. Matt Blunt's controversial appointment of voucher advocate Donayle Whitmore-Smith to the State Board of Education.
Smith is the senator for Ms. Whitmore-Smith's district and Blunt has indicated he will withdraw the appointment if Smith opposes it.
However, Smith leaves himself considerable room to change his mind:

In an email to a constituent Smith sent Tuesday, which was forwarded to the American, Smith wrote, "I do not support vouchers, and I am leaning towards opposing (Whitmore-Smith), but this nomination is about a person - it’s not a vote for or against vouchers. Thus I will not make her position on that a litmus test for my support or opposition."