November 15, 2007

Prime ministers and their friends

My debut column appears in this week's Maclean's.

Scandal time again. Once more the country is consumed with tales of politicians taking envelopes full of cash from shady businessmen. As pressure for a public inquiry grows, the air is thick with official denials. And of course the question on everyone’s lips is: What did the whole country know, and when did we all know it?

...

Well, no. The script for these things calls for the opposition to demand of whoever’s in charge: what did he know and when did he know it? Wasn’t Stephen Harper sent a letter by Karlheinz Schreiber seven months ago, containing many of the allegations in last week’s sensational affidavit -- among them, that Schreiber had struck a deal with Brian Mulroney, two days before the former prime minister left office in 1993, that would seem him provide Mulroney with “some funds” in exchange for Mulroney’s services, notably in lobbying the new government? Hadn’t he been sent another letter to the same effect just six weeks ago? How could Harper pretend he was unaware of these allegations until last week? Are we to take seriously his office’s explanation, that the letters never reached his desk?

All very good questions, and all more or less beside the point. What I want to know is not whether the prime minister reads rambling private letters from fugitive international arms dealers, but whether he reads the Globe and Mail or watches the CBC. There was more than enough on the public record that ought to have excited his interest in “protecting the office of the prime minister,” long before Schreiber’s lawsuit against Mulroney (he alleges the former prime minister did nothing to earn the money he paid him) came to court.  That Schreiber made payments to Mulroney totalling $300,000 shortly after he left office has been public knowledge for four years, ever since their existence was first reported in the Globe. How the payments were made -- in cash, in envelopes, in hotel rooms -- has been known for nearly as long, as detailed in William Kaplan’s book A Secret Trial

It was likewise public knowledge that Mulroney had later claimed under oath, in his famous 1995 libel suit against the government of Canada, that “he had never had any dealings” with Schreiber. Mulroney had sued the government for alleging, in a letter to the Swiss government, that he had taken money from Schreiber in connection with the 1988 Air Canada purchase of 34 passenger jets from Airbus Industrie. It is unlikely, to say the least, that the government would have agreed to settle the case, with $2.1-million in compensation and an apology, had it known of the Schreiber payments. 

All of this, as I say, is old news. It would all have been well known to Harper, not just before his dramatic admission last Friday that the Mulroney-Schreiber affair might indeed warrant a public inquiry, but as early as 2003 -- before the merger of the Progressive Conservatives and the Canadian Alliance, before Harper’s election as leader of the new Conservative party, before he chose, the better to consummate the merger, to take Mulroney into his counsel, and to embrace him publicly. The former prime minister of Canada is acknowledged to have taken $300,000 in cash from a man of Schreiber’s repute -- a prolific and self-confessed dispenser of bribes to public officials, he is currently in jail, awaiting extradition to Germany on charges of fraud and tax evasion -- and no alarm bells rang. Business as usual.

This coziness continued, even as the revelations mounted. It has been public knowledge since February 2006 that the cash Schreiber passed to Mulroney was Airbus cash -- as the CBC program the fifth estate reported, it was paid out of a Swiss bank account, code-named “Britan,” one of several accounts Schreiber set up to handle the millions of dollars in secret commissions he was paid on the Airbus sale. There’s no way of knowing whether Mulroney was aware of this, nor is there any evidence that he played any part in the Airbus deal. But still: was this not at least cause for concern? Even after it had been reported that Mulroney had gone to extraordinary lengths to cover up the payments -- Schreiber claims he was encouraged to sign an affidavit asserting he had never paid Mulroney anything -- the Conservatives continued to stonewall, culminating in Harper’s extraordinary threat, just days before capitulating to opposition demands for an inquiry, to launch retaliatory inquiries into his Liberal predecessors.

So Harper is tied to Mulroney, as Mulroney is tied to Schreiber, not by any opposition insinuations or press vendettas, but by their own appalling lapses in judgment. Harper says he was shocked to see his name appear in Schreiber’s affidavit -- allegedly, Schreiber provided Mulroney with a letter, which Mulroney was to show to Harper at a later meeting as proof the two were “on good terms.” A dubious story, perhaps, but the possibility would not have arisen had Harper not been on such close terms with Mulroney. Harper says he did not ask Mulroney at the meeting about his dealings with Schreiber. Fine. Did he ask him about them at any other time? Harper says the fact that Schreiber’s latest allegations were made under oath gave them greater weight than before. But Schreiber could have been put under oath at any time in the last four years: just sit him down and have him write out what he knows in an affidavit.

Yet neither the Conservatives nor, strangely, the Liberal government before them seemed remotely interested in finding out what he knows -- certainly not compared to the alacrity with which they have sought his extradition. Indeed, they have studied not to know much of the case at all. Justice department officials reportedly considered, once those mysterious envelopes full of cash came to light, an attempt to recover the $2.1 million settlement. Nothing came of it. Civil servants prepared reports on Schreiber and Airbus for various ministers, yet no one read them. One is left with the distinct impression that the government’s approach to the whole mess amounted to hoping Schreiber would, quite literally, go away. 

But then, they could be forgiven for indulging this hope. If the Conservative have shown little interest in pursuing the matter, it is perhaps because, for the last four years, neither has anyone else: not the police, not the opposition, not most of the media. We have all been sitting on a powder keg the whole time, and yet everyone has affected not to notice. One might speculate as to the reasons for this uncharacteristic quietude -- libel chill, in the wake of Mulroney’s lawsuit; embarrassment, after so much ink had been invested in his exoneration; a certain righting of the scales, after the mauling he took while in office -- but it remains one of the more remarkable instances of collective myopia on record. Kaplan’s book was scarcely reviewed. Fresh revelations passed without comment. Mulroney, meanwhile, has been feted at society functions, praised for his environmental record, celebrated at book launches. 

Ah well. Perhaps an inquiry will decide that there is a perfectly innocent explanation for all of this: why the cash, why the secrecy, what Mulroney did for the money, what he did with it, how $300,000 in cash squared with “had never had any dealings,” and so on. But the questions raised by this affair extend well beyond Mulroney. Nearly twenty years after the Airbus deal was signed, and twelve years after the first definitive reports that secret commissions were paid, in explicit violation of the contract, we still don’t know who got the rest of the money, or for what. Schreiber is known to have been paid some US$20-million -- $600,000 per plane. His bank records show that about half this amount was doled out, by means of his labyrinth of bank accounts, to various “Canadian friends.” Some of these are known. Some are not.

Equally perplexing is how someone of Schreiber’s obvious odour was able to gain such access to the corridors of power. A former Justice minister, a former Solicitor General, even a former Supreme Court justice numbered amongst his friends and clients, to say nothing of his close and well documented relationship with Mulroney and his circle, dating back to the early 1980s.

In broader terms, then, the issue is not just Mulroney, or Schreiber, or Airbus. It’s the ability of this country to hold people in high places to account. Had a former president of the United States been found taking cash from a notorious bribe artist, six Congressional committees would have been convened on the spot. Years too late, a public inquiry would seem the least we could do.

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32 Comments

Anonymous Immigration Heretic:

I've got two points to make.

(1) DIRT RUBS OFF
I'm reminded of the old saw, "Lie down with
pigs; get up dirty". I'm talking about Harper
and Mulroney here -- not Mulroney and Schreiber.

For old Reform Party types and small "c" conservatives
in general, Harper's embrace and elevation of Mulroney,
a disgraced and discredited Red Tory, to a position
of power and influence in Harper's new, so-called
"Conservative Party" was as much of a betrayal of
his former supporters as Mulroney's appointment of
socialist and life-long anti-conservative Stephen Lewis
to the post of UN Ambassador. Doesn't Harper remember
who was to blame for the old Progressive Conservative
Party being reduced to only two seats in 1993?

Well, Harper chose Mulroney as his new best buddy so
small "c" conservatives like myself can find no sympathy
for Harper's present embarrassment.

(2) KARLHEINZ'S INSURANCE POLICY
I'd also like to warn the Liberals and NDP not
to count their chickens before they've hatched.
What comes out in a full public enquiry may not be
entirely to their liking.

Andrew wrote: "Yet neither the Conservatives nor,
strangely, the Liberal government before them seemed
remotely interested in finding out what he knows
-- certainly not compared to the alacrity with
which they have sought his extradition."

Let me offer a possible explanation for the Liberals'
reluctance to investigate the Airbus scandal and for the
"dive" they took in the libel suit Mulroney brought
against them.

Just put yourself in Schreiber's shoes. You've been given
$20 million dollars to spread around to ensure Airbus
gets the contract from Air Canada. How do you go about
it? Bribe five thousand baggage handlers? Nope, they
don't have any say in the decision.

Bribe several hundred middle management types in Air
Canada? That might work. If they're right people,
they might be able to slant the specifications for the
planes being purchased and the performance evaluations
of the competing planes enough to steer the contract to
Airbus. Of course, word of that many bribes is guaranteed
to leak out.

No, if you're smart, you pay off only a few people as
close to the top of the decision making process as you
can get -- ideally, just the man at the top.

OK, that gets Airbus the contract but you're left hanging
out in the wind like a pinata for the opposition parties to
pummel should the Airbus contract and bribery allegations
look like big vote-getters.

So if you're really smart -- and Karlheinz Schreiber is
no dummy -- you take out insurance. Besides the high-level
people you've paid off in the governing party, you also
find a few very high-level people in the other parties to
ensure that any opposition to the Airbus contract in
Parliament is perfunctory and ineffective.

The beauty of this is that the same bribes that ensure a
relatively smooth passage of the Airbus contract through
Parliament also gives the opposition party members you've
bribed a very compelling reason to kill any attempt to get
to the bottom of the bribery scandal. If they try to take
you down, you can take them down with you. How's that for
an insurance policy?

I believe that's why nobody in Ottawa seems particularly
interested in really getting to the bottom of the Airbus
affair.

Immigration Heretic

16/11/07 2:27 AM  
Blogger Mark Dowling:

I'd have read your column in print, but once again it didn't show up in my postbox. Maybe today, maybe never...

Must be the flood of extra subscriptions your appointment brought - Canada Post buckling under the strain. Yes, that must be it.

16/11/07 6:52 AM  
Anonymous agitfact:

You got it, Andrew! Thanks for unravelling this ball of wax so clearly. Hope you don't mind if pass your post on.

16/11/07 8:41 AM  
Anonymous john g:

Andrew, one could easily make the same "powder keg" case about Jean Chretien (who knows if we've seen the last of Adscam, or Shawinigate, or the BDC bank president, or any number of other scandals...), and yet as Stephane Dion struggles, much as Harper did years ago before sitting at the feet of Mulroney, there is no shortage of people suggesting that Stephane Dion sit at the feet of the "master" and learn a thing or two about how to do politics.

And the comment about "Equally perplexing is how someone of Schreiber’s obvious odour was able to gain such access to the corridors of power"; one could easily wonder the same about Maurice Strong or Jacques Corriveau. One wonders why no-one ever mentions them.

16/11/07 9:16 AM  
Anonymous Shane Baker:

Yeah, I'd like to echo john g and point out that the proper reaction to Mulroney's behaviour is to attack the Liberals.

Oh, wait, no I don't. That would be frigging crazy.

16/11/07 2:25 PM  
Anonymous Anonymous:

Schriber will be deported soon. His non-cooperation from Germany will scuttle the issue.

16/11/07 4:58 PM  
Blogger nomdeblog:

What baffles me is how does Airbus get away with hiring a sleaze-ball like KHS and give him $20 million to shower around our government to influence the tender process?

If Blackberry was bidding on a big contract in Europe and started paying off various government officials, then when this became public knowledge it would impact on RIM and its stock price. Yet for Airbus it seems this is normal practice to interfere in the tender process with ... commissions ... which is really code for bribes.

We should subpoena the Airbus accountants to give testimony as to where the $20 million went and why.

17/11/07 9:04 AM  
Anonymous Stephen:

1) Welcome back home AC

2) nomdeblog; I believe that the Airbus exec's got in trouble for this....but you are correct "commissions" are a major issue. Adscam showed that kickbacks are easily hidden into contract prices especially for large value items, planes, powerplants and advertising contracts.

An extra 500,000 on an airbus purchase is not much money in relation to the whole thing.

It takes a good competitive process and strong accountants on the vendor AND the buyer side to find these things.

This is why Adscam was important despite what Jeffery Simpson and others say. It was important to expose this process.

KHS should tell what he knows...I think the RCMP and the government should say say, "fine we will keep you here till the inquiry is over, but before we do you will agree to make all of you statements now before we agree to stop extradition. If not then back to the land of chocolate you go."

http://www.youtube.com/watch?v=zzijXOdprm0

17/11/07 10:26 AM  
Blogger nomdeblog:

Glad you agree Stephen and your comparison to the Adscam tip of the iceberg is a good one.

Airbus has caused us 20 years of pain, they’ve done it with impunity and nobody even asks… why are we still doing business with Airbus? I can only assume the utopian political class and the media presume all business is corrupt therefore this behaviour of Airbus hiring KHS to shower our politicians with bribes … well that is just normal.

We must not allow the notion to hold that all commerce is greedy and bad. We are making a big mistake to let Airbus slide out of this unscathed. Airbus and KHS are the same and they both need to be held accountable for their sordid business practices.

This is a case of follow the money. Where did it start? Airbus. They need to tell us why they hired a known sleaze-ball like KHS to come to our country with a suitcase of $20 million and cause commercial terrorism over a period of 20 years. Airbus and its EU owners are culpable. The Airbus testimony would be more valuable than KHSs (agree, just send him back to the Land of Chocolate) because his freedom is finished. But Airbus wants to stay free to sell more planes to the Western world where we do not tolerate corruption in commerce or politics.

Follow the money.

17/11/07 10:51 AM  
Anonymous Derek:

Immigration heretic suggests Schreiber was spreading money around in various places as an "insurance policy". If that was his intent, he didn't do a very good job of it. He didn't look after a very key person who knew all.

Schreiber's troubles began, as I recall, in Germany and Canada, when his accountant, Giorgio Pellosi went to the police with allegations of tax evasion. I think Pellosi felt entitled to some of Schreiber's booty from the Swiss bank accounts, and helped himself. This disagreement led to their acrimonious parting of ways -and eventually to Pelossi's revelations of the Canadian Airbus connections.

I took the $20 million to be a commission or contingency fee paid to Schreiber's company upon Airbus successfully winning the Air Canada contract, not as some suggest as bribe money provided up front in advance of the decision. Yes, the Airbus contract specifically stated no such commissions were allowed, which appears not to be the case. So, perhaps Air Canada could have recovered the $20 million back from Airbus. I wonder if there might be statute of limitations issues now on this option, if the money has not already been recovered.

AC and others make a big deal over the $2.1 million paid to Mulroney in his libel settlement, suggesting this makes the issue one of public interest - the funds might be recoverable given the more recent revelations from Schreiber. I question this assumption.

Mulroney was suing for libel - a letter sent by the Justice to Swiss banking officials made specific allegations stated as fact that Mulroney had undertaken illegal activities related to Airbus. I believe the letter entered into the public domain through its publication in the National Post. Suppose, in discovery, the government lawyer had somehow learned about the $300,000 and Mulroney's closer business relationship with Schreiber. The government would still need to prove the funds were obtained illegally, and not for some future business undertaking (pasta or whatever). Politically, they probably wouldn't have settled out of court - but had the libel trial continued past discovery, the burden of proof still rested with the government. Maybe the government would still have lost a protracted civil suit costing millions of more dollars in legal fees. It doesn't appear that Schreiber would have been prepared to sing back then, so how could the gov't have won their case? I'd say highly unlikely then, or now in recovering the $2.1million.

Schreiber deals in cash. So tracking down the $10 million spread around Canada will be extremely difficult some 20 years later. Suppose Schreiber carries on with his Heidi Fleiss strategy, revealing more and more of the contents of his little black book over time to stave off deportation. It'll still come down to his word over someone else's. Doubtful anything beyond a reasonable doubt could ever be proven.

I wouldn't be unhappy to see him sent off to Germany asap, conditional upon appearing in the future as required. Apart from the political theatre, I see little value coming out of any investigation.

17/11/07 11:47 AM  
Anonymous ET:

The view that 'dirt rubs off' is simplistic. That would mean that one cannot interact with people who SOME view with disdain and OTHERS view without disdain. Equally, it would suggest that 'Good rubs off', and consorting with wise people doesn't mean that one acquires wisdom.

Mulroney may be disliked; he's a Red Tory, but, there are plenty of Red Tories out there who don't want to be excluded from our new Conservative government.

The fact is, our government, with its centrist isolation within the confines of an elite mandarin class in the Ottawa-Montreal population, moved into a corrupt mode of operation many years ago. That includes Trudeau, Mulroney, Chretien and Martin.

Harper rejected this crony corruption and has attempted, with difficulty, to insert accountability. The Senate and Liberals have strongly rejected his actions.

I don't see the point of an inquiry. Certainly, it will implicate the cronies of Ottawa: Mulroney, Chretien, Martin. But Canada is not the USA. Do we seriously expect any results? Fines? Jail? heh.

I think that we should focus on enabling Harper to clean up govt. That means, not focusing on the past. But assisting him to set up viable accountability procedures, a reformed Senate, due process for appointments, vetting, etc.

Schreiber? He's a pathological liar; nothing he says under oath can be believed. Send him back to Germany.

17/11/07 12:19 PM  
Anonymous Derek:

One last point. Much has been made over Mulroney's alleged dealings with Schreiber within 48 hours before he resigned as Prime Minister.

Perhaps someone can explain how would this would be any different than a retiring PM discussing a job offer with a law firm to practice, or a university to teach, while still in office. I'm not naive enough to think that some politicians don't arrange their post public life in advance -they need to buy housing etc. and make personal arrangements.

So, what's the big deal if he met with Schreiber two days before he left office, rather than two days after? Seems like a red herring.

17/11/07 12:28 PM  
Anonymous Stephen:

Derek,

You are correct that in type there is no difference.

Mind you he probably should not have met in the PMO office or any other place associated with the government, including his home at 24 Sussex. More for appearances than anything else.

However there is a line that needs to be drawn. A convenient line is the not before he leaves office. If you look at giving notice in employment practice then he has told his employers, the Canadian public, that he is leaving. All decisions made aftr that point become more difficult to push through, your power dimisnishes the momenbt your resignation letter arrives.

Teh goal is to prevent current decisions from beng affected by future compensation. Certainly no cotracts for future compensation should be made while he is in power. The question is when is he deemed to no longer have influence.

Now in Mulroney's case, it isnt even proven that he had that discussion that day. All we know it that he met KHS that day in the presence of 3 other people. Hardly the circumstances a "double secret probabation" meeting.

KHS appears to play fast and loose with the truth. He should be given a chance to make an affadvit outlining everything, and if there is nothing in the affadavit that warrent investigation then back to Germany he goes. If there is he can stay while it is being investigated and tested in an inquiry or court.

The strip tease is what makes this process corrosive, becasue nobody knows if it is true or not and no one is able to determine it. Hints and allegations only.

17/11/07 1:34 PM  
Blogger nomdeblog:

ET says: I don't see the point of an inquiry. Certainly, it will implicate the cronies of Ottawa: Mulroney, Chretien, Martin. But Canada is not the USA. Do we seriously expect any results? Fines? Jail? heh.

But that is precisely the point. We have to demand results. This goes way beyond Mulroney. As AC says, look at the corridors of power this scumbag Airbus agent had access to :
A former justice minister, a former solicitor general, even a former Supreme Court justice.

That is very serious stuff. ACs article ends with :

… In broader terms, then, the issue is not just Mulroney, or Schreiber, or Airbus. It's the ability of this country to hold people in high places to account. Had a former president of the United States been found taking cash from a known bribe merchant, six congressional committees would have been convened on the spot. Years too late, a public inquiry would seem the least we could do.

I fully agree with AC. Furthermore I hope that what this proves once and for all to Canadians is that we have to get the government.. all 3 levels .. out of delivering of services.
We need to privatize delivery.
Just like Air Canada eventually got privatized.
The point is:
This would not have happened if Air Canada had been privatized in 1988 because procurement decisions would have been strictly commercially based and not for political or personal gain by political rent seekers overseeing a commercial enterprise.

17/11/07 1:55 PM  
Anonymous Derek:

Stephen,

Schreiber alleges he met with Mulroney at Harrington Lake on June 23, 1993 to discuss the payments. Let's assume, for argument's sake, that Mulroney was using the facility for official PM business (I think he was having personal time off - different than meeting in the PMO). Kim Campbell, according to wiki, became PM June 25th - the victor of a Liberal leadership race.

http://en.wikipedia.org/wiki/Kim_Campbell

So, Mulroney had been a lame duck PM for quite some time - since, I would suggest, months before when he announced his retirement and the leadership race had begun.

I could see your point had this alleged meeting taken place quite sometime before his announcement - but given the circumstances - time and location - it appears immaterial to me that he was still, officially, PM when they met.

17/11/07 2:45 PM  
Anonymous Derek:

Oops - I meant to say Campbell won the PC leadership race.

17/11/07 3:10 PM  
Anonymous Greg Staples:

Andrew, you really need to get a new picture to accompany your column (and your test, test blog over at Macleans.ca)

17/11/07 4:02 PM  
Blogger Joan Tintor:

Well, now that someone else has had the guts to say it first: mega dittos on the photo.

17/11/07 7:56 PM  
Anonymous Anonymous:

To add another voice to the Staples and Tintor colloquiam, perhaps a sketch artist would deliver the proper impressionistic tone sought.

18/11/07 7:27 AM  
Anonymous Stephen:

Derek,

I was trying to lay out the issues. I agree he was lame duck. One possible line is the "not till you have exited the PM position", but it is only one possible line.

Another line is from the time you submit your resignation letter.

I think we all agree that making arrangements before your resignation letter would be a breach and that arrangements after you left are not a breach, everythign in between is grey and in need of clarification.

But anyway, what do the other two participants at the meeting say was discussed?

18/11/07 9:17 AM  
Anonymous Derek:

Stephen,

Good points. I might add another milestone might be when the new leader is elected (June 13, 1993)and becomes defacto PM. Mulroney remained the titular head for another twelve days. This factoid, in itself, does not raise the issue to the level of an inquiry.

You ask "what do the other two participants at the meeting say was discussed?"

Have a look at items #15 through #19 in Schreiber's sworn affadavit concerning the Harrington Lake meeting:

http://www.globeandmail.com/bnfiles/pdf/mulroney1109.pdf

It doesn't indicate the presence of two others, maybe it has been reported elsewhere (or are you thinking of one of three times when the funds were delivered?)

Anyway, let's assume there were two others present. One presumes Schreiber will stick with the allegations in his sworn affadavit (embellishing them under oath in an inquiry would not be credible).

So, he is alleging, as AC points out in his column "that Schreiber had struck a deal with Brian Mulroney, two days before the former prime minister left office in 1993, that would seem him provide Mulroney with “some funds” in exchange for Mulroney’s services, notably in lobbying the new government."

OK, let's assume the other two (who may or may not have been present) corroborate Schreiber's affadavit.

Kim Campbell became PM June 25th, and dropped the writ in mid September. One presumes there was little opportunity for Mr. Mulroney to act in whatever alleged capacity for Mr. Schreiber during this period.

Obviously, he would have had limited opportunity with Chretien as PM.

So, what pecisely is Mulroney's crime if what Schreiber alleges is true concerning the Harrington Lake meeting? It seems to me the lobbying laws were pretty lax back then, since tightened up.

Sure, the Schreiber allegations taint Mulroney, given what we now know publicly about Schreiber's business practices (which we didn't know in 1993), but is this an issue worthy of a public inquiry?

You know when former PMs and Ministers go to work for law firms, or become directors of companies, they are often utilized for their contacts with world leaders to act/lobby on behalf of companies. I think Chretien has acted on behalf of Hurricane Hydrocarbons with the government in Kazakhstan, for example.

I guess I'm a bit thick here. What is the issue that an inquiry will resolve?

18/11/07 11:14 AM  
Anonymous Stephen:

The issue, and I share your doubts, is supposed to resolve the issue of what the $300,000 was for. Was it for future or past services.

This needs to be clear in the terms of reference.

Shcreiber has said future services, which is what you are addressing. Of course Schreiber is hinting, winking and nodding that maybe iot was for prior services, never explicity always a hint.

The broader terms of reference for the inquiry need to look at the air canada airbus deal in general, and where at least half the comissions went amounting to $10,000,000. Once again if they are success payments for lobbyists thats fine....a commission salesperson.

However, apparently the aircanada contract stated that there were to be none of these, a way to get the lowest price.

As it relates to BMXPM, it is all about the $300,000 being for past or future. If the future, there really is no issue, and that appeared to be the issue in the lawsuit, which BMXPM won. The government made an unproven allegation and was rightfully taken to task, lets be clear that no matter who the citizen is the government can't engage in rumourmongering. The power of the state is awesome and nearly infinite and needs to be properly engaged.

WHatever you think of BMXPM anyone interested in rights should be behind him on that lawsuit.

However, we asa nation need to understand what was the $300,000 for...past or future. At the end of the day that is the issue.

18/11/07 12:28 PM  
Anonymous Derek:

OK, let's accept your terms of reference - finding out what the $300,000 was for. You also suggest finding out where the $10 million in Canadian payments went on the Airbus deal.

This means you are advocating BM's terms of reference, going back to 1988, rather than starting from 1993.

First off, the fact that commissions were paid, when the contract explicitly stated no commissions, I believe would be a breach of contract, a civil matter between AirCanada and AirBus Industries, subject to statute of limitations or equivalent, no? Of course, the assumption is that $500k or $600k was added to the price of the planes. Who knows how Airbus bid. Maybe they bid strategically - the maximum amount to win the deal to beat Boeing's bid, irrespective of commissions. In this case the $500k or $600k comes off their bottom line - not AirCanada's.

I could see some merit in trying to find out where the $10 million went. Perhaps there are income tax issues if secret commissions were paid and income was unreported. Or outright bribes, which would be also illegal.

But this opportunity for an inquiry is no different today than it was a few years ago when the revelations of secret commissions were first revealed (prompting the ill fated RCMP letter to Switzerland) or when the $300k payments to Mulroney were revealed, which he acknowledged receiving, and as we now know, paid taxes and fines on them belatedly (and this cannot be an inquiry issue as it has already been dealt with by CCRA).Haven't the RCMP given up on this line of investigation? What has changed?

The ONLY difference I can see today is the possibility, as you mention, that Schreiber MAY provide additional info on the AirBus deals in the 1980s. And that's a bit of a longshot, potentially turning into a big and costly fishing exercise. Quite a gamble to base an inquiry simply on Schreiber's potential future tainted testimony. Aren't there now laws about accepting testimony from jailhouse informants? :)

Certainly nothing of the allegations he has provided to date in his affadavit should result in an inquiry, in my opinion, as discussed earlier.

18/11/07 1:35 PM  
Anonymous stephen:

All these questions need to be asked by Mr Johnstone (sp?) before setting the terms of reference.

If there doesnt appear to be any support for them then chalk up another exoneration for BMXPM. So yes I agree with BMX's terms of reference.

But we need to go through this process to clear his name, get Schreiber out of the country and clarify what really happened.

18/11/07 2:50 PM  
Anonymous Derek:

Well, hopefully he takes into consideration the concept of cost/benefit when he sets the terms of reference, and keeps them narrow.

It could turn into a real Gong Show otherwise.

18/11/07 3:21 PM  
Anonymous stephen:

Angry in the Great White North has actuallyy got the reference to circumstnces that the minister would usually use to hold back on extradition

http://stevejanke.com/archives/246941.php

Interesting read.

Well, KHS has about 10 days to cut a really good deal, one assumes he would drop all sorts of hints with the good Dr J. If he offers no evidence other than his promise to testify then it becomes difficult for Dr J to recomend anything for an inquiry to look into.

The terms of reference may very well come back as, no fire but lots of smoke, nothing to look at....or not much hear, inquiry required as to why the RCMP appears to have been used in the past as a political instrument.....to KHS has sworn an affadavit and shown doumentary evidence that is troubling enough to warrant further investigation.

KHS keeps good files, so if anyone has evidence it his him. I remain skeptical.

I am disappointed that there has not been more of a defence of Mr Mulroney as a citizen who is innocent until proven guilty. Once again, his award of 2.1 million should make any government think hard before spreading unproven rumours, in fact it should never engage in that behaviour.

If BMXPM is guilty of some crime then prove it. If not leave him alone.

Now AC you have said that Mr. Mulroney could clear this up with a press conference....is that really true. What could he possibly say at a press conference that he hasnt already? Is the $300,000 troubling, yes. But nobody in the press wants to believe him, so why should he call a presser that he cant win.

Is there evidence of wrongdoing, not as of yet. Usually you would be taking the side of an individual vs the massive coercive power of the state.

If KHS cannot come up with any new evidence then this is all a waste of time and ink to sink the reputation of a man that for whatever reason, is easy to dislike and disbelieve. But just because he makes it easy doesnt make it right.

19/11/07 5:30 AM  
Anonymous Derek:

Mike Duffy Live: A discussion of the legal options if Schreiber is extradited

I thought this discussion over what to do with KHS was interesting. It comes in three parts

1. Interview with Irwin Kotler who originally signed the extradition order when Justice Minister. He suggests a recent bilateral agreement with Germany concerning extraditions does allow for delays/postponements for the purposes intended.

2. Journalist L.Ian MacDonald briefly. Nothing new.

3. Criminal lawyer Lawrence Greenspon describing a "KGB Inquiry". KHS could be interviewed in advance of the inquiry where he would describe and provide the evidence he would offer if it went to a full blown inquiry.

One presumes item #3 will be pursued by Dr. Johnston in framing the terms of reference. If Schreiber doesn't agree to a KGB statement, or offers nothing of substance, "Auf Wiedersehen!"

19/11/07 10:58 AM  
Anonymous Stephen:

Couldnt agree more on point #3

19/11/07 2:30 PM  
Anonymous kwlafayette:

I also agree on point 3, KHS has to give up absolutely everything he knows post haste, without condition. Anything less than full disclosure and off to Germany he goes. Enough is enough already.

20/11/07 11:17 AM  
Anonymous Immigration Heretic:

Stephen & Derek,

Stephen wrote, "Certainly no contracts for future
compensation should be made while he is in power.
The question is when is he deemed to no longer
have influence."

That's the key question -- but don't jump to
the conclusion his influence evaporated the
day he announced his retirement or the day he
was replaced by Kim Campbell.

Here's my assessment of the political situation
back in the early 1990s:

Canada is suffering from a brutal recession
and Mulroney is widely hated for things like
the GST and NAFTA. The PCs have no chance of
being re-elected with Mulroney as leader and
Mulroney knows it. Mulroney wants to remain
the "godfather" of the PC Party even if he
has to do it from behind the scenes. He picks
the weakest possible successor he can find
within the party, Kim Campbell, and grooms
her as his replacement by giving her a high
profile cabinet post. With Campbell's base of
support out in B.C. -- what little there is
of it -- there's little chance she will be
able to wrest control of the party from
Mulroney anytime soon, even if the PCs get
back into power with her as leader.

If Schreiber interpreted the political
situation as I have above, then it is quite
plausible that he would believe Mulroney
would still be able to deliver the armored
car contract to his clients either before
the election or afterwards if the PCs were
re-elected.

Immigration Heretic

30/11/07 4:35 PM  
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