During more than two years of investigating two campaign committees that Attorney General John D. Ashcroft maintained when he was in the Senate, the Federal Election Commission never directly questioned Ashcroft or obtained a sworn statement from him even though the issue of his personal ownership of a mailing list and the income it produced were central to the inquiry.
Ellen L. Weintraub, chairwoman of the FEC, said she and the other two Democrats on the panel did not have the required four votes to carry a motion to interview Ashcroft. In addition, she said, all the commissioners did not want to be seen as "harassing the attorney general of the United States" and so never sought to question him.
Critics of the commission say the handling of the case illustrates the FEC's reluctance to aggressively investigate people in power -- a tendency exacerbated by the partisan split among the six commissioners. By law, three are from each party.
"The FEC is known to be 'squeamish' about bothering people in the administration," said Lawrence M. Noble, a former FEC general counsel and now executive director of the Committee for Responsive Politics. Noble said the first choice when dealing with someone central to an investigation would be a deposition; second would be written questions; third would be an affidavit; and the last choice would be a statement from his lawyer.
"They bypassed all these," Noble said, "and the result is a weak ending to an important case."
$100 million for Whitewater, $3 million for 9-11-01... is anybody investigating anything worth revealing anymore?