The Washington Post - 05.09.2019

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A2 EZ SU THE WASHINGTON POST.THURSDAY, SEPTEMBER 5 , 2019


because jury instructions limited
them to consider only actions
Craig took near the end of the
FARA unit’s investigation, after
Oct. 3, 2013, 10 months after
Skadden issued its report.
Those actions came down to a
letter written by Craig to the
Justice Department’s FARA unit
on Oct. 11, 2013, summarizing a
45-minute meeting — for which
no notes exist, jurors were told —
at which the government alleged
Craig lied or omitted facts in
successfully persuading FARA of-
ficials to reverse their position
that he was required to register.
“There were several people
who were very disturbed by his
behavior prior to October 3, but
there were a number of jurors,
including several of the older
jurors, who understand that life
is a complicated thing,” said juror
Michael G. Meyer, 60, who works
with a federal contractor that
supports medical and vaccine tri-
als.
Meyer said he personally
found Craig “a very credible wit-
ness,” and that while he never
discussed the sentiment with oth-
ers, he was “infuriated” that the
government spent its resources
prosecuting Craig instead of oth-
ers scrutinized in the Mueller
report.
However, juror Willie Wilson,
28, a commodities broker, said he
initially thought Craig was guilty.
“I was not of the opinion that he’s
a bad person, but he walked up to
the line and very well may have
crossed it.”
Skadden in January reached a
settlement with the Justice De-
partment, admitting it should
have registered for its work in
2012 and 2013, and agreed to turn
over $4.6 million it made for its
work with Ukraine in exchange
for facing no criminal charges. In
its settlement, Skadden agreed
that an initial finding by the
Justice Department in 2014 that
the firm did not need to register
came after the agency relied on
“false and misleading oral and
written statements” made by
Craig.
[email protected]
[email protected]

To m Hamburger contributed to this
report.

Viktor Pinchuk, secretly paid
Skadden $4.15 million for work
on the report, testimony showed.
The charge against Craig
turned on whether Craig was a
knowing and willful participant
in the public relations effort di-
rected by Manafort — a onetime
chairman for Donald Trump’s
2016 campaign and longtime con-
sultant — and tried to hide that
from investigators.
Craig took the stand in his own
defense, saying he did not lie to
investigators because he had
reached out to Times journalist
David Sanger to try to push back
against what Craig saw as
Ukraine’s misleading spin on the
Skadden report. Craig said that
because he was pushing back

against the Ukrainian govern-
ment’s t ake, he didn’t r egard him-
self as working in public relations
on its behalf and hence did not
need to register.
Ukraine’s spin was suggesting
the Skadden report exonerated
Ukraine’s treatment of Ty mosh-
enko, Craig told jurors, which he
could not abide.
Prosecutors asserted that
Craig did not want to register
because disclosure of his work
with Ukraine could cast doubt on
his and Skadden’s independence
and impede the ability of him and
his colleagues to quickly return to
government service.
Two members of Craig’s jury
said in interviews after the ver-
dict that although a few jurors
were “deeply disturbed” that
Craig was not completely forth-
right in his actions and state-
ments, the jury unanimously con-
cluded there was insufficient evi-
dence to support a conviction.
They could not reach a convic-
tion, according to the two jurors,

make changes to promote com-
pliance.”
Before Craig’s trial began, a
judge dismissed a charge alleging
that Craig made false statements
under FARA, citing a lack of
clarity in the law. She allowed his
trial to proceed on a general false
statements charge.
Several Washington attorneys
representing foreign govern-
ments and former Justice Depart-
ment officials cautioned that
even a slam-dunk acquittal did
not mean the government acted
recklessly or in bad faith — or that
it would lead to a passive stance.
How those forces will play out
remains to be seen.
In other work involving long-
time political players, the Justice
Department also has been inves-
tigating — but has not charged —
Democratic lobbyist To ny Podes-
ta and former Republican con-
gressman Vin Weber for their
work alongside Craig in Ukraine.
Neither Weber or Podesta re-
sponded to requests for comment
on the Craig verdict. Representa-
tives for both men have said in
the past that the two cooperated
with authorities investigating
possible FARA v iolations and that
both took pains to make sure they
were following the rules mandat-
ing disclosure of their lobbying.
Craig’s trial revealed the in-
volvement of a half-dozen power-
ful Washington public relations,
lobbying, consulting and law
firms in the project to rehabili-
tate Ukraine’s battered image in
the West.
With the direct FARA charge
dropped, Craig was left facing
one felony count of making false
statements to investigators try-
ing to determine whether he and
his law firm, Skadden, Arps,
Slate, Meagher & Flom, should
have registered under the law.
The central issue was Craig’s out-
reach on Dec. 11, 2012, to the New
York Times regarding coverage of
the law firm’s upcoming report
reviewing the jailing of Yulia Ty -
moshenko, a political rival to
Ukrainian President Viktor Yanu-
kovych.
The report was commissioned
by the Ukrainian government in a
project led by Paul Manafort, a
political adviser to Yanukovych. A
wealthy Ukrainian businessman,

Ta ylor said, adding, “It’s a trag-
edy. It’s a disgrace; I’m glad it’s
over.”
Craig was the first prominent
Democrat charged in an investi-
gation spun off from special
counsel Robert S. Mueller III’s
Russia probe, and his defenders
have long complained he was
prosecuted after blunt attacks by
President Trump and his sup-
porters that the Justice Depart-
ment was unduly targeting Re-
publicans.
But Justice Department offi-
cials have emphasized in recent
years they are stepping up en-
forcement of a long-neglected
foreign lobbying disclosure law,
the Foreign Agents Registration
Act (FARA), which requires
Americans who are being paid by
foreign governments or politi-
cians to influence U.S. policy or
opinion to register with the Jus-
tice Department.
In March, a prosecutor who
had been detailed to the Mueller
team was tapped to lead the
department’s FARA enforcement
unit, and the department’s “zero-
tolerance” crackdown toward
nondisclosure has triggered a
30 percent increase in registra-
tions.
Spokesmen for the Justice De-
partment and U.S. Attorney for
the District of Columbia Jessie K.
Liu did not immediately respond
to requests for comment.
The acquittal marks a setback
for the Justice Department’s
crackdown on foreign lobbying in
the United States, exposing flaws
in a difficult prosecution of
events from 2012 that was hand-
ed off among several investigative
offices before Craig’s April indict-
ment.
“While I am sure the govern-
ment is not happy with the out-
come given all of its work, it was a
tough case to prove beyond a
reasonable doubt,” said Thomas
J. Spulak, a partner at the law
firm King & Spalding who advises
on lobbying compliance. But, he
said, prosecutors put forward a
strong case, adding, “Who would
want to go through what Mr.
Craig has experienced? And it
may cause Congress to examine
the statute and, where necessary,

CRAIG FROM A

HAPPENING TODAY

For the latest updates all day, visit washingtonpost.com.

All day | The Toronto International Film Festival goes through Sept. 15.
For developments, visit washingtonpost.com/entertainment.


8:30 a.m. | The Labor Department issues jobless claims for the week
ended Aug. 31, which are estimated at 215,000, unchanged from the week
before. Visit washingtonpost.com/business for details.


9:30 a.m. | Jim Watkins, owner of the website 8chan, testifies before the
House Homeland Security Committee. For developments, visit
washingtonpost.com/national.


8:30 p.m. | The Chicago Bears host the Green Bay Packers on the
opening night of the NFL season. Follow the game at postsports.com.


CORRECTIONS

l An On Parenting column about
handling tantrums in today’s
Local Living section, which was
printed in advance, misstates the
name of a nonprofit educational
organization that offers guidance
for parents and other caregivers.
It is the Parent Encouragement
Program, not the Parent
Education Program.

l A Local Digest item in the
Sept. 4 Metro section incorrectly
used the word “electrocution” i n
describing injuries to three
people the day before in McLean,
Va. All three were injured by
electric shocks and survived.

KLMNO


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ILLINOIS


Graft charges against


Schock are dismissed


Corruption charges against
former congressman Aaron
Schock have been dismissed
under a deal struck with
prosecutors in March.
U. S. District Court Judge
Matthew Kennelly ordered an
indictment against Schock, a
Republican from Illinois,
dismissed on Wednesday.
Schock resigned from
Congress in 2015 amid scrutiny
of his spending, including
decorating his office in the style
of the “Downton Abbey” TV
series. He was indicted a year
later on two dozen counts that
included wire fraud and
falsification of election
commission filings.
Under the deal, Schock, who
didn’t appear in court, agreed to
repay his campaign committees
nearly $68,000 and work with
the Internal Revenue Service to
determine how much he owes.
— Associated Press


CALIFORNIA

Drug charges filed
in rapper’s death

A Los Angeles man who
prosecutors say sold counterfeit
oxycodone laced with fentanyl
to rapper Mac Miller two days
before his death from an
accidental overdose was
arrested Wednesday on federal
drug charges.
Cameron James Pettit, 28,
was accused in U. S. District
Court in Los Angeles of
delivering the pills to Miller, the
former boyfriend of Grammy-
winning pop star Ariana
Grande, early on the morning of
Sept. 5, 2018.
The 26-year-old performer,
whose real name was Malcolm
James McCormick, was found
unresponsive in his home in the
Studio City neighborhood of Los
Angeles on Sept. 7 and was
pronounced dead.
After an autopsy, the Los
Angeles County coroner ruled
that Miller had died of an
accidental overdose of cocaine

and fentanyl. Investigators
believe Pettit probably supplied
him with the pills that caused
his death, according to the
charging documents.
If convicted, Pettit faces a
maximum sentence of 20 years
in federal prison.
— Reuters

Woman arrested in
stepdaughter’s death: An
Indiana woman who reported
her 10-year-old stepdaughter
missing last weekend was
arrested Wednesday in the girl’s
death after her body was found
hidden inside a plastic trash bag
in a shed behind their home.
Amanda D. Carmack, 34, was
arrested after investigators
found Skylea Carmack’s body
about 3 a.m., the state police
said. Carmack, who lives in Gas
City, about 80 miles northeast of
Indianapolis, was being held on
preliminary charges of murder,
neglect, strangulation and
domestic battery, according to
the state police and online
records.
— Associated Press

DIGEST

MARIO TAMA/GETTY IMAGES
A woman views a makeshift memorial Wednesday at California’s Santa Barbara Harbor for victims of the
Conception boat tragedy. Authorities said that 33 bodies have been recovered after the commercial scuba
diving ship caught fire and sank this week while anchored near Santa Cruz Island.

BY STEVEN MUFSON

The Trump administration
Wednesday rolled back yet an-
other Obama-era regulation. This
time, the Energy Department is-
sued one final and one proposed
rule that will prolong the life of
certain old-fashioned — and
energy-intensive — incandescent
lightbulbs invented by Thomas
Edison 140 years ago. The bulbs
otherwise would have been effec-
tively phased out by Jan. 1.
The rollback will mean
$14 billion a year in higher en-
ergy costs and add to the nation’s
greenhouse gas emissions, ac-
cording to a study by the Appli-
ance Standards Awareness Proj-
ect and the American Council for
an Energy-Efficient Economy.
The Energy Department said
phasing out the bulbs would be “a
lose-lose for consumers” because
of the higher cost of more-effi-
cient bulbs. And it said it would

be “regulating these lightbulbs
out of existence.”
Incandescent lightbulbs might
be cheaper to purchase, but in the
long run consumers pay more in
higher electric bills.
“The Energy Department flat
out got it wrong today,” Jason
Hartke, president of the Alliance
to Save Energy, said in a state-
ment. “Instead of moving us for-
ward, this rule will keep more
energy-wasting bulbs on store
shelves and saddle the average
American household with about
$100 in unnecessary energy costs
every year.”
Hartke also said inefficient
lightbulbs were also “terrible for
our climate.” He said the rule
would require the electricity pro-
duced by 25 coal power plants
“just to power wasteful bulbs.”
Saving energy used by light-
bulbs was a goal set by Congress
in 2007 when it adopted biparti-
san legislation later signed by
President George W. Bush. The
law set high efficiency standards
for lightbulbs, effectively moving
the country toward more-effi-
cient compact fluorescent and
LED bulbs.
On President Barack Obama’s
last day in office, the Energy

Department issued regulations
that widened standards for gen-
eral service lamps and general
service incandescent lamps.
The final rule undoes that, and
the proposed rule would elimi-
nate the 2020 standards for A-
lamps, which are the commonly
used pear-shaped bulbs.
The standards, while techni-
cal, affect approximately 3 billion
— nearly half — of the bulbs in
sockets in U.S. homes. They in-
clude three-way bulbs, cone-
shaped reflector bulbs used in
recessed and track lighting,
candle-shaped bulbs used in
chandeliers and sconces, and
globe-shaped bulbs in bathroom
lighting fixtures.
Fifteen states, New Yo rk City
and the District of Columbia filed
comments opposing the rollback
and questioning whether the En-
ergy Department had the author-
ity to exempt certain products
under the 2007 legislation. The
group said repealing the Obama
definitions “would unconsciona-
bly increase both greenhouse gas
emissions and consumers’ en-
ergy costs.”
Four states, including Califor-
nia, Colorado, Washington and
Vermont, enacted their own ap-

pliance standards.
During the Obama administra-
tion, conservatives made the
lightbulb standards a rallying
point for complaints about gov-
ernment interference.
“This rule gives consumers the
power to choose what lighting
products best meet their needs,”
the Energy Department said in a
statement Wednesday. The state-
ment conceded the incandescent
bulbs that would have been
barred “cannot meet the thresh-
old efficiency level.”
The 2007 law doesn’t ban in-
candescent bulbs. It set energy
standards, and some companies
came up with ways to make
incandescent bulbs that com-
plied with some of the standards.
“It makes zero sense to elimi-
nate energy-saving lightbulb
standards that will save house-
holds money on electricity bills
and cut climate change emis-
sions,” Andrew deLaski, execu-
tive director of the Appliance
Standards Awareness Project,
said in a statement. “Instead, the
Trump administration is siding
with manufacturers that want to
keep selling outdated, energy-
wasting lightbulbs.”
[email protected]

Incandescent lightbulbs to burn on, agency says


Democratic lawyer acquitted of lying to Justice Dept.


Energy Department rolls
back rule that would
have phased out use

“It may cause Congress


to examine the statute


and, where necessary,


make changes to


promote compliance.”
Thomas J. Spulak, attorney
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