EXHIBIT A

citizens for responsibility and ethics in'\ivashington

December 13,2010

By facsimile: 540-868-4995

Federal Bureau of Investigation Attn: FOI/PA Request

Record/Information Dissemination Section 170 Marcel Drive

Winchester, VA 22602-4843

Re: Freedom of Information Act Request

Dear Sir/Madam:

Citizens for Responsibility and Ethics in Washington ("CREW") makes this request for records, regardless of format, medium, or physical characteristics, and including electronic records and information, audiotapes, videotapes and photographs, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.c. §§ 552, et seq., and U.S. Department ofJustice ("DOJ") regulations, 28 C.F.R. Part 16.

Specifically, CREW requests all records related to DOl's and the Federal Bureau of Investigation's (FBI) investigation of Senator John Ensign (R-NV), including but not limited to DOJ's decision not to bring criminal charges against him that are not covered by grand jury secrecy pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure. As reported publicly, over the last year DOJ and the FBI investigated Sen. Ensign's efforts to control the fallout from his extra-marital affair with the wife of his former top aide. See Steve Tetreault & J eft' German, News again good for Ensign, Las Vegas Review-Journal, Dec. 2, 2010 (attached as Exhibit A). In November 2010, DOJ notified Sen. Ensign it had ended its investigation into his conduct. See Joh11 Bresnahan & Manu Raju, DOJ drops Ensign investigation, Politico, Dec. 1,2010 (attached as Exhibit B).

Please search for responsive records regardless of format, medium, or physical characteristics. Where possible, please produce records electronically, in PDF or TIF format on a CD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes, and photographs. Our request includes any letters, ernails, facsimiles, telephone messages, voice mail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, or discussions. Our request also includes any attachments to these records.

If it is your position that any portion of the requested records is exempt from disclosure, CREW requests that you provide it with an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity "to permit a reasoned judgment as to whether the material is actually exempt under FOIA."

1400 Eye Street, tHY., Suite 450, Washington. D.C. 20005

202.408.556~) phone

Federal Bureau of Investigation December 13,2010

Page 2

Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D. C. Cir. 1979). Moreover, the Vaughn index must "describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information." King v. u.s. Dep 't of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, "the withholding agency must supply' a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply. '" Jd. at 224 (citing Mead Data Central v. US. Dep'/ of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

In the event that some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. § 552(b). Ifit is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release.

Finally, CREW welcomes the opportunity to discuss with you whether and to what extent this request can be narrowed or modified to better enable the FBI to process it within the FOIA's deadlines. Adam J. Rappaport, the CREW attorney handling this matter, can be reached at (202) 408-5565 or arappapOli(a)citizcnsforcthics.org.

Fee 'Waiver Request

In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 28 C.F.R. § 16.11(k), CREW requests a waiver of fees associated with processing this request for records. The subject of this request concerns the operations of the federal government and expenditures, and the disclosures will likely contribute to a better understanding of relevant government procedures by CREW and the general public in a significant way. Moreover, the request is primarily and fundamentally for non-commercial purposes. 5 U.S.C. § 552(a)( 4)(A)(iii). See, e.g., McClellan Ecological v. Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987).

These records are likely to contribute to greater public awareness of alleged malfeasance and possible criminal behavior by Sen. Ensign. In June 2009, Sen. Ensign announced he had engaged in an affair with a former campaign staff member, later identified as Cynthia Hampton. See Molly Ball & Steve Tetreault, Sen. John Ensign'S Admission: 'Last year I had an affair', Las Vegas Review Tribunal, June 17,2009 (attached as Exhibit C). Ms. Hampton's husband, Doug Hampton, was a close friend of Sen. Ensign and his former chief of staff. Id. Starting in early 2008, Sen. Ensign took a series of actions designed to control the fallout from the affair. In an

Federal Bureau of Investigation December 13,2010

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effort to ease Mr. Hampton out of his office, Sen. Ensign assisted him in establishing a lobbying practice. See Eric Lichtblau & Eric Lipton, Senator's Aid After Affair Raises Flags Over Ethics, N. Y Times, Oct. 1, 2009 (attached as Exhibit D). Sen. Ensign agreed to help line up several clients that would pay Mr. Hampton enough to match or exceed his $144,000 Senate salary, and subsequently suggested to several Nevada companies they hire Mr. Hampton. ld.; Eric Lichtblau & Eric Lipton, More Messages Link Senator to Job Effort, N. Y Times, Mar. 10, 2010 (attached as Exhibit E). Sen. Ensign and his Senate staff later contacted government officials on behalf of some of the companies. See Lichtblau & Lipton, N. Y Times, Oct. 1, 2009.

In addition, Mr. Hampton said Sen. Ensign paid Ms. Hampton a $25,000 severance payment, and Sen. Ensign's parents gave the Hamptons $96,000 in "gifts." See Molly Ball, ExEnsign aide details wife's affair, Las Vegas Review-Journal, July 9, 2009 (attached as Exhibit F); Dan Eggen & Chris Cillizza, Ensign's Parents Made Payments to Mistress, Her Family, Wash. Post, July 10,2009 (attached as Exhibit G). Furthermore, the National Republican Senatorial Committee, which Sen. Ensign chaired, paid the Hamptons' 19-year-old son $1,000 a month from March through August of 2008 for his work as an intern. See J. Patrick Coolican & Lisa Mascaro, Ensign's mistress saw salary double, son was paid $5,400, Las Vegas SUI1, June 17, 2009 (attached as Exhibit H).

According to press reports, DOJ initiated an investigation into Sen. Ensign's conduct in late 2009. See Eric Lichtblau, Interviews Begin for Ex-Aides to Ensign, N. Y Times, Jan. 20, 2010 (attached as Exhibit I). During the course of the investigation, DOJ and the FBI interviewed numerous witnesses, issued subpoenas for documents, and collected other evidence. See, e.g., id.; John Bresnahan & Manu Raju, Grand Jury subpoenas Ensign-tied companies, Politico, Mar. 17,2010 (attached as Exhibit J); Steve Tetreault & Benjamin Spillman, RepUblican subpoenaed in Ensign probe, Las Vegas Review-Tribunal, Mar. 18,2010 (attached as Exhibit K). DOJ notified Sen. Ensign in November 2010 it had ended its investigation of his conduct. See Tetreault & German, Las Vegas Review-Journal, Dec. 2, 2010

Through this conduct, Sen. Ensign may have criminally conspired with Mr. Hampton by assisting Mr. Hampton to lobby his office, committed honest services fraud, violated campaign finance laws, and committed other crimes. While DOJ decided not to prosecute Sen. Ensign, his activities still may have been illegal or violations of the rules of the Senate, and the requested records would shed light on them.

These documents also would shed light on DOJ's and the FBI's conduct in conducting the investigation of Sen. Ensign, and its decision to close the investigation without bringing charges against him.

CREW is a non-profit corporation, organized under section 501(c)(3) of the Internal Revenue Code. CREW is committed to protecting the public's right to be aware of the activities of government officials and to ensuring the integrity of those officials. CREW uses a

Federal Bureau of Investigation December 13, 2010

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combination of research, litigation, and advocacy to advance its mission. The release of information garnered through this request is not in CREW's financial interest. CREW will analyze the information responsive to this request, and will share its analysis with the public, either through memoranda, reports, or press releases. In addition, CREW will disseminate any documents it acquires from this request to the public through its website, wvvw.citizensforethics.org, which also includes links to thousands of pages of documents CREW acquired through its multiple FOIA requests as well as documents related to CREW's litigation and agency complaints, and through www.scribd.corn.

Under these circumstances, CREW satisfies fully the criteria for a fee waiver.

News Media Fee Waiver Request

CREW also asks that it not be charged search or review fees for this request because CREW qualifies as a "representative of the news media" pursuant to the FOrA and SEC regulation 17 C.F.R. § 200.80C e)(l 0). In Nat 'l Sec. Archive v. Us. Dep 't of Defense, 880 F.2d 1381,1386 (D.C. Cir. 1989), the Court of Appeals for the District of Columbia Circuit found the National Security Archive was a representative of the news media under the FOIA, relying on the FOrA's legislative history, which indicates the phrase "representative of the news media" is to be interpreted broadly; "it is critical that the phrase 'representative of the news media' be broadly interpreted if the act is to work as expected .... In fact, any person or organization which regularly publishes or disseminates information to the public ... should qualify for waivers as a 'representative of the ne'ws media. '" 132 Congo Rec. S 14298 (daily ed. Sept. 30, 1986) (emphasis added), cited in id.

CREW routinely and systematically disseminates information to the public in several ways. First, CREW maintains a frequently visited website, vv'vvw.citizensforethics.oH!, that received 63,578 visits in November 2010. In addition, CREW posts all of the documents it receives under the FOIA on www.scribd.com. and that site has received 504,100 visits to CREW's documents since April 14, 2010.

Second, since May 2007 CREW has published an online newsletter, CREWCuts, that currently has 17,116 subscribers. CREWCuts provides subscribers with regular updates regarding CREW's activities and information the organization has received from government entities. A complete archive of past CREWCuts is available at

http://w\vw.chizensforeth i cs. org/ncwsl etter.

Third, CREW publishes a blog, Citizens blogging for responsibility and ethics in 'Washington, that reports on and analyzes newsworthy developments regarding government ethics and corruption. The blog, located at http://W\vw.citiznesforetbics.org/blog, also provides links that direct readers to other news articles and commentary on these issues. CREW's blog had 1,203 hits in November.

Federal Bureau of Investigation December 13,2010

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Finally, CREW has published numerous reports to educate the public about government ethics and corruption, including agencies' failure to comply with their record keeping responsibilities. See Record Chaos, which examines agency compliance with electronic record keeping responsibilities; The Revolving Door, a comprehensive look into the post-government activities of 24 former members of President Bush's cabinet; and Those Who Dared: 30 Officials

• YO'

Who Stood Up For Our Country. These and all other CREW's reports are available at

htm;! iwvy"v. ci tizensfo rctbi<::.s. or2.U:.Gpprtil.

Based on these extensive publication activities, CREW qualifies for a fee waiver as a "representative of the news media" under the FOIA and agency regulations.

Conclusion

If you have any questions about this request or foresee any problems in releasing fully the requested records please contact me at (202) 408-5565. Also, if CREW's request for a fee waiver is not granted in full, please contact our office immediately upon making such a determination. Please send the requested records to Adam J. Rappaport, Citizens for Responsibility and Ethics in Washington, 1400 Eye Street, N.W., Suite 450, Washington, D.C. 20005.

Sincerely,

Enclosures

EXHIBIT A

'NO LONGER A TARGET': News again good for Ensign - News - Re ...

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Dec. 01, 2010

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'NO LONGER A TARGET': News again good for Ensign

Justice Department won't file charges over fallout from affair

By ;iTEVE TETREAULT and JEFF GERMAN LAS VEGAS REVIEW-JOURNAL

WASHINGTON -- The Department of Justice has informed Sen. John Ensign that it has no plans to charge him with crimes related to the fallout from an extramarital affair with his campaign treasurer, also the wife of a top aide, an attorney for the Nevada Republican said Wednesday.

Investigators notified Ensign that he is "no longer a tarqet" in the criminal investigation, said Paul Coggins, a Dallas-based white-collar defense lawyer, one of at least three attorneys Ensign hired to fight various allegations of wrongdoing.

Neither Ensign nor Coggins would provide details of discussions with the Justice Department, but Coggins said prosecutors broke the news by telephone earlier this week.

"Obviously this is great news for us," Ensign, 52, said Wednesday outside a Senate hearing room. IIIt's a pretty nice early Christmas present. II

Ensign has maintained he broke no law nor violated any Senate rules involving the affair.

The government's decision not to prosecute is the second break Ensign has received in the past two weeks in a controversy more than a year old that has threatened his political career and shattered relationships with longtime friends and allies in Nevada.

The Federal Election Commission announced Nov. 18 that it was dropping a campaign finance complaint that could have led to a fine against Ensign. But the Justice Department investigation was viewed as the most serious because an indictment on criminal charges would have ended his career and left him fighting possible prison time.

Ensign acknowledged he remains under investigation by the Senate Ethics Committee on allegations similar to those examined by Justice. Although Justice sought evidence that would warrant a criminal prosecution, the Ethics Committee has broad jurisdiction to pass judgment on any behavior that might cast the Senate in a negative light.

That investigation could result in action ranging from outright dismissal of the matter to a reprimand or a recommendation that the full Senate consider censure or expulsion.

IIWe are hoping that the Ethics Committee will see the FEC has dropped their (investigation) and that Justice has dropped theirs ... and I hope they see that quickly." Ensign said.

The committee had no comment.

Investigators were trying to determine whether Ensign broke ethics rules or laws in an attempt

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to cover up an affair with Cindy Hampton, his former campaign treasurer and the wife of Doug Hampton, a longtime friend who came to Washington to become his top administrative assistant.

Both Hamptons left Ensign's employ in late April 2008, several months after the affair was discovered and caused rifts between their families. The major allegation centered on Ensign's efforts to call Nevada firms and find lobbying work for Doug Hampton as a way to cushion the aide's departure and loss of salary.

Authorities investigated whether Ensign made his office available to Hampton and his new clients in violation of federal laws that forbid high-level Senate aides from lobbying senators for a year.

Although Ensign maintained he has been cleared, it was uncertain whether the Justice Department was continuing the investigation in other directions.

Dan Albregts, a Las Vegas lawyer for Doug Hampton, said Justice Department lawyers have not informed him that the investigation has been completed.

"Given my understanding of the investigation, I'm shocked by their claim," Albregts said. "In fact, my understanding is that the investigation is still ongoing."

Asked whether the investigation could be proceeding with Hampton as a target, Albregts responded, "It's in the realm of possibility. But if that's the case, I sure would be interested in finding out why."

Laura Sweeney, a Justice Department spokeswoman in Washington, would not comment on the investigation.

Without confirming specifics of the probe, Ensign said, investigators were "thorough. They investigated everything. They were complete, that is all I can tell you. They went through everything. They were exhaustive."

Citizens for Responsibility and Ethics in Washington, a watchdog group that filed complaints against Ensign and urged that he be prosecuted, said the Justice Department "chickened out" by halting the probe.

"It is a sad day for America when the Department of Justice declines to take action against a senator who has violated the law as blatantly as Senator Ensign/ said Melanie Sloan, CREW executive director. "The department had abundant evidence, including witnesses who could testify regarding the senator's criminal conduct, yet failed to act.

"Exactly what will a politician have to do for the Department of Justice to sit up and take notice?" Sloan said in a statement. "The department might as well disband the Public Integrity Section for all the good it does. This is not the kind of change we signed on for."

Kirk Lippold, a Nevada Republican who briefly considered running for the Senate this year and has been mentioned as a possible candidate in 2012, also registered unhappiness.

No matter the Justice Department decision on Ensign, "it does not excuse his behavior." said Lippold, a retired Navy commander who was the commanding officer on the USS Cole when it was bombed by al-Qaida in Yemen in October 2000.

"I still believe his actions are beneath acceptable standards for someone serving in the United States Senate/ Lippold said in a statement.

Ensign, who has said he plans to run for re-election in 2012, said that on hearing the news, he first told Senate Minority Leader Mitch McConnell, R-Ky., and also Sen. John Cornyn, R-Texas,

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who is chairman of the Republican Senate campaign committee.

"I just wanted them to know because this is good news," Ensign said.

He had yet to tell fellow Nevada Sen. Harry Reid. Reid did not respond to a request for comment.

Cornyn did not comment Wednesday, and McConnell's reaction was brief.

"I am sure Senator Ensign was pleased by the announcement," he said.

Last month, the FEC dismissed a complaint against Ensign pertaining to a $96,000 payment his parents made to the Hamptons in late April 2008, as they were leaving Ensign's staff.

Doug Hampton described the payment as severance for his wife, which triggered a complaint that it was an unreported and illegal campaign contribution to Ensign. The FEC said evidence supplied by Ensign's family backed their contention that it was a legal gift.

In a revelation forced by a furious Doug Hampton's attempt to leak the affair to Fox News, Ensign in June 2009 acknowledged the relationship took place over nine months, from December 2007 to August 2008.

That began his descent from a rising star in the Republican Party to a back bencher who reportedly was shunned by colleagues. In Nevada, close friendships with political associates were ended, and Republicans said he was rarely seen at party functions.

Ensign maintained he had patched up his family relationships and apologized for the affair while denying any wrongdoing. He stepped up his public appearances over the summer. leading to his confirmation last month that he planned to run for a third term in the Senate.

A statement from Ensign's office Wednesday reads as follows:

"Senator Ensign is certainly pleased that the Department of Justice no longer views him as a target in their investigation, and has long-stated that he acted in accordance with the law. Our office and the Senator have been cooperative with this investigation, and it's important that the truth in this matter is finally coming to light. It is the Senator's hope that the Ethics Committee soon follows suit. Senator Ensign looks forward to continuing his hard work on behalf of the people of Nevada."

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760. Contact Jeff German at jgerman@review journal.com or 702-380-8135

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EXHIBIT B

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Lexist-lexis"

10f1DOCUMENT

Copyright 2010 Capitol News Company, LLC All Rights Reserved

Politico.com

December 1,2010 Wednesday 4: 15 PM EST

LENGTH: 662 words

HEADLINE: DOl drops Ensign investigation

BYLINE: John Bresnahan, Manu Raju

BODY:

Sen. John Ensign says he'll not face federal charges from a Justice Department investigation into his extramarital affair with a former campaign staffer, a surprising announcement that may have a big impact on his 2012 reelection prospects.

Ensign is still being investigated by the Senate Ethics Committee over his affair with Cindy Hampton, his former campaign treasurer. Doug Hampton, her husband, was serving as Ensign's deputy chief of staff when the affair began.

Both Hamptons left Ensign's payroll in April 2008, and they eventually sought millions of dollars in payments from the Nevada Republican. And Ensign's parents, who are wealthy casino owners, gave $96,000 to the Hamptons and their children.

Doug Hampton has publicly declared that Ensign promised to find him lobbying work after he left the senator's office. Such an action could have violated the one-year lobbying ban imposed on senior congressional aides once they leave Capitol Hill.

An end to a federal criminal probe would be a huge plus for Ensign, who was forced to resign from the Senate GOP leadership following his decision to go public with the affair before the Hamptons exposed it.

The Justice Department's investigation included probes of Ensign's interactions with Doug Hampton after he left the senator's office, as well as Ensign's activities as chairman of the National Republican Senatorial Committee.

"Sen. Ensign is certainly pleased that the Department of Justice no longer views him as a target in their investigation, and has long stated that he acted in accordance with the law," Ensign's attorney, Paul Coggins, said in a statement.

"Our office and the senator have been cooperative with this investigation, and it's important that the truth in this matter is finally coming to light," Coggins added. "It is the senator's hope that the Ethics Committee soon follows suit. Sen. Ensign looks forward to continuing his hard work on behalfofthe people of Nevada."

Justice Department officials declined to comment on Wednesday.

The decision by Justice not to bring charges against Ensign was first reported by the Las Vegas Review-Journal.

After spending hundreds of thousands of dollars of his campaign cash to pay his legal bills, Ensign can now focus on replenishing those funds for his reelection campaign for a third term. He had only $280,000 in his account at the end of September - and faces the serious risk of a challenger. Rep. Dean Heller (R-Nev.) is one of several candidates who have signaled an interest.

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DOJ drops Ensign investigation Politico. com December 1,20 I 0 Wednesday 4: 15 PM EST

"Mainly what I've been focusing on is earning people's trust back in Nevada, getting around the state and doing my

job," Ensign told POLITICO last month. "We've been planning on it for quite some time."

Ensign said he's not worrying about how his legal problems might affect his chances for reelection. "All I can do is just do my job and present my case to Nevadans, and see what they' think," 11e said.

Ensign has never been close to the party establishment in Nevada - and it remains to be seen whether he can resurrect ties with his party that all but abandoned him in the aftermath of the affair.

Still, some early polls have shown promising signs for him.

Soon after the election, Public Policy Polling released a survey that found Ensign leading Heller by 8 points, 45 to 37, in a head-to-head matchup. The poll also said that Nevada Lt. Gov. Brian Krolicki would lose a primary to Ensign by 28 points, and that 64 percent of GOP respondents viewed the senator favorably.

But it remains likely that other challengers might emerge - forcing Ensign to run against several candidates. Republican leaders in Washington have kept their distance from Ensign since his June 2009 admission, which forced him to relinquish his No.4 spot in the Senate leadership and give up any hopes of running for president in 2012.

And it's unclear whether he'll win new support from his colleagues with an Ethics Committee investigation still hovering over him.

LOAD-DATE: December 2,2010

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SEN. JOHN ENSIGN'S ADMTSSION: 'Last year I had an affair' - News ...

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SEN. JOHN ENSIGN'S ADMISSION: 'Last year I had an affair'

Ensign says he will remain in office with wife's support

By MOLLY BALL and STEVE TETREAULT LAS VEGAS REVIEW-JOURNAL

Calling it "absolutely the worst thing that I've ever done in my life," U.S. Sen. John Ensign admitted Tuesday that he had an affair with a campaign staffer last year.

"If there was ever anything that I could take back in my life, this would be it," Ensign, 51, said Tuesday afternoon in Las Vegas, reading from a prepared statement in a brief news conference at which he took no questions.

The Nevada Republican, a leading conservative voice in his party who has been listed as possible presidential material, indicated that he plans to remain in office and that his wife of 21 years, Darlene, is standing by him.

The woman and her husband "were both close friends, and they both worked for me," Ensign said.

Ensign had the affair, from December 2007 to August 2008, with a woman who worked for his Senate campaign and his political action committee. The woman's husband, meanwhile, worked in Ensign's Senate office, according to an aide who spoke on condition of anonymity.

By May 2008, both were no longer employed by Ensign, the aide said.

Ensign did not name the woman. Sources with knowledge of the matter confirmed that the couple in question are Cindy and Doug Hampton of Las Vegas. Senate and Federal Election Committee records show that they fit the description outlined by Ensign and his aides.

Calls made to the pair were not returned late Tuesday. They did not answer the door at their Summerlin home.

Ensign did not explain why he chose to come forward with his admission of infidelity Tuesday.

A Washington source said Ensign decided to announce the affair after he was approached by the husband of the woman involved. The man asked Ensign for a "substantial" amount of money with the implication it would buy the couple's continued silence, according to the source.

It was not immediately known how much money might have been involved, or whether Ensign reported the incident to authorities. Neither Ensign nor his spokesman would comment on the matter.

ALL APOLOGIES

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Wearing a grim expression, standing alone at an unadorned podium, Ensign spoke for just over two minutes at Tuesday's news conference at the Lloyd George U.S. Courthouse in downtown Las Vegas, where his local Senate office is housed.

He had flown home from Washington, D.C., earlier in the day to make the announcement! as word began to trickle out about the affair! missing a vote on a bill important to the travel industry.

"I came back home to Nevada to come forward and explain to the citizens of our state something that I was involved in about a year ago/ said Ensign, tieless and wearing a blue dress shirt. "Last year I had an affair. I violated the vows of my marriage."

Ensign said he takes full responsibility for his actions and apologized to those he had hurt and disappointed: "my wife, Darlene! my children, my family! my friends, my staff and all of those who believed in me."

He and his wife went to counseling last year! he said, and have "rebuilt our marriage to where now it is even stronger than ever,"

The senator offered a partial explanation of how the affair happened: Two couples, all very close friends! with one there to lend an ear when the other was having a tough time at home,

John and Darlene Ensign were separated from April to July 2008! the senator's spokesman, Tory Mazzola, confirmed Tuesday evening,

That would indicate the affair began five months before the couple separated and ended a month after they got back together.

"Our families were very close," Ensign said. "That closeness put me into situations during a very difficult time in my marriage which led to my inappropriate behavior. We've caused deep pain to both families, and for that I am truly sorry."

After reading his statement, Ensign said, "I will not be taking any questions/ and exited through a side door,

Darlene Ensign, who did not attend the news conference, also put out a statement Tuesday! which was released by Ensign's staff.

"Since we found out last year we have worked through the situation and we have come to a reconciliation/ her statement said, "This has been difficult on both families, With the help of our family and close friends our marriage has become stronger. I love my husband."

Married in November 1987, the Ensigns have three children,

RISING STAR

Elected to the House of Representatives in 1994 and the Senate in 2000, Ensign worked his way up through his party's ranks to the No.4 spot for Senate Republicans! chairman of the Republican Policy Committee.

From 2006 to 2008, he chaired the National Republican Senatorial Committee! the GOP's Senate campaign arm.

The current post in charge of the party's positions on legislative issues has made Ensign a highly visible spokesman for the opposition party's point of view, appearing frequently on cable news shows and in the national political press.

Earlier this month, Ensign sparked speculation he might be jockeying for national office by traveling to Iowa -- something no politician does accidentally, according to an old political adage

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-- to speak to a conservative grouPr the American Future Fund.

For now, those aspirations will be stalled by the aff'alr, according to an expert. but Ensign might well be forgiven by his constituents.

It's likely that Ensign will lower his profile for a while: no more speaking engagements or spots on national cable, said University of Nevada, Rene, political science professor Eric Herzik.

There were signs this week that Ensign was already preparing to lie low. A barbecue dinner fundraiser he was scheduled to headline in Nevada on Friday was postponed. according to the host qroup, the Republican Renewal Project.

"He had a nice trajectory for more national prominence. and that has been, at best, stalled, because he is now going to have to deal with this issue both personally and pollticallv." Herzik said.

But damage to his standing within Nevada, where polls show him among the more popular elected officials, should be minimal, Herzik said.

"I don't know that an affair is a career-stopper if you handle it the right wayr" Herzik said. "Ensign got out in front and released the news himself. By the time he runs for re-election (in 2012)r it will be old news."

A former veterinarian whose campaign ads have shown him cuddling puppies. Ensign was elected to the Senate in 2000 after narrowly losing a bid to defeat Sen. Harry Reid. D-Nev., in 1998.

Despite that tough racer Reid and Ensign became close friends after the 1998 election. On Tuesday, Reid said through a spokesman that his "thoughts are with Sen. Ensign and his family as they go through this difficult time."

PAST WHISPERS

Whispers of impropriety have dogged Ensign before. In February 2002r he took a sudden two-week leave from the Senate that was never explained.

It was understood among his staff that the leave for "personal reasons" was a rescue mission of sorts for Ensign's troubled marriage.

At the same timer Enslqn campaigned as a social and religious conservative who defended family values. A member of the Promise Keepers, he delivered the opening prayer at the Christian men's group's meeting in Las Vegas in 2003.

In 1998, Enslqn was the first member of Nevada's congressional delegation to call for President Bill Clinton's resignation over his affair with Monica Lewinsky.

Speaking on the Senate floor in 2004r Ensign called for a constitutional amendment banning gay rnarrlaqe, savlnq, "Marriage is the cornerstone on which our society was founded."

In 2007r Ensiqn was among the most prominent Republicans calling on Idaho Sen. Larry Craig to resiqn, calling Craig a "disgrace" for his arrest in an airport men's restroom on disorderly conduct charges.

On Tuesday, Ensign indicated he would not step down, sayinq, "I am committed to my service in the United States Senate and my work on behalf of the people of Nevada."

FAMILY FRIEN DS

Doug Hampton and John Ensiqn were old, close friends when Ensign gave Hampton a top staff

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position in 2006, according to a former Ensign staffer.

"It was as if Ensign had put his brother on staff," the staffer said. "He (Hampton) had a lot of sway with the senator."

Hampton previously had worked for Sierra Pacific Resources, now NV Energy, in the utility's energy efficiency department, according to the company.

Hampton's position in Ensign's Washington office was "administrative assistant," according to Senate records. The former staffer described the post as a sort of "co-chief of staff."

Hampton worked for Ensign in the Senate from November 2006 to May 2008, records show, earning about $245,000 over that time span.

Meanwhile, according to campaign disclosures on file with the Federal Election Commission, Cindy Hampton was a bookkeeper for Ensign's political operations, including Ensign for Senate and Ensign's Battle Born Political Action Committee.

LEFT ENSIGN'S EMPLOY

In May 2008, the two abruptly left Ensign's employ and Washington, returning to Las Vegas and the Summerlin home not far from where the Ensigns live.

According to county records, the Hamptons purchased the five-bedroom, 4,360-square-foot property in 2004 for $1.23 million.

Zillow.com, a Web site than analyzes real estate information, now prices their home in Summerlin's Trails Village at $862,000.

Since leaving, sources said, Doug Hampton has worked as a consultant for Allegiant Air and for November Inc., the political consulting firm that runs Ensign's campaigns.

On Tuesday, signs of life could be seen through the front door window of the well-kept home, but no one answered the door.

A freshly washed Dodge Ram truck was parked in the driveway.

Review-Journal writers Mike Blasky and Brian Haynes contributed to this report. Contact reporter Molly Ball at mball@reviewjournal.com or 702-387-2919.

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This copy is for your personal. noncommercial use only. You can order presentation-ready copies for distribution to your colleagues. clients or customers, please click here or use the "Reprints" tool that appears next to any article. Visit www.nytreprints.com for samples and additional information. Order a reprint of this article now. »

October 1, 2009

Senator's Aid After Affair Raises Flags Over Ethics

By ERIC LlCHTBLAU and ERIC LIPTON

WASHINGTON - Early last year, Senator John Ensign contacted a small circle of political and corporate supporters back home in Nevada - a casino designer, an airline executive, the head of a utility and several political consultants - seeking work for a close friend and top Washington aide, Douglas Hampton,

"He's a competent guy, and he's looking to come back to Nevada. Do you know of anything?" one patron recalled Mr. Ensign asking.

The job pitch left out one salient fact: the senator was having an affair with Mr. Hampton's wife, Cynthia, a campaign aide. The tumult that the liaison was causing both families prompted Mr. Ensign, a two-term Republican, to try to contain the damage and find a landing spot for Mr. Hampton.

In the coming months, the senator arranged for Mr. Hampton to join a political consulting firm and lined up several donors as his lobbying clients, according to interviews, e-mail messag£'s and other record~. Mr. Ensign and his staff then repeatedly intervened on the companies' behalf with federal agencies, often after urging from Mr. Hampton.

While the affair made national news in June, the role that Mr. Ensign played in assisting Mr. Hampton and helping his clients has not been previously disclosed. Several experts say those activities may have violated an ethics law that bars senior aides from lobbying the Senate for a year after leaving their posts.

In acknowledging the affair, Mr. Ensign cast it as a personal transgression, not a professional one. But an examination of his conduct shows that in trying to clean up the mess from the illicit relationship and distance himself from the Hamptons, he entangled political supporters, staff members and Senate colleagues, some of whom say they now feel he betrayed them,

For example, a longtime fund-raiser who came through with help says Mr. Ensign misled him about why Mr. Hampton needed a new job. The senator also put his chief of staff at the time, who had raised concerns that Mr. Hampton's activities could be problematic, in charge of dealing with him.

And Mr. Ensign allowed Senator Tom Coburn, a friend and fellow conservative Christian, to

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serve as an intermediary with the Hamptons in May in discussing a large financial settlement, to help them rebuild their lives.

"J ohn got trapped doing something really stupid and then made a lot of other mistakes afterward," Mr. Coburn, Republican of Oklahoma, said in an interview. "Judgment gets impaired by arrogance, and that's what's going on here."

In a statement, Mr. Ensign said: "I am confident we fully complied with the relevant laws and rules governing current and past employees. I have worked on these Nevada issues with these Nevada companies for years, long before Doug Hampton left my office."

The senator declined to be interviewed. But his office said that the inquiries he had made about work for Mr. Hampton were "only recommendation calls" and that the senator's actions in support of his former aide's clients were "not at the behest of Mr. Hampton."

Mr. Hampton and his wife, in a series of interviews, provided a detailed account of Mr. Ensign's efforts to mitigate the fallout from the affair, which ruptured two families that had been the closest of friends.

Mr. Hampton said he and Mr. Ensign were aware ofthe lobbying restriction but chose to ignore it. He recounted how the senator helped him find clients and ticked off several steps Mr. Ensign took to assist them with their agendas in Washington, activities confirmed by federal officials and executives with the businesses.

"The only way the clients could get what John was essentially promising them - 'which was access - was if I still had a way to work with his office," Mr. Hampton said. "And John knew that."

After requests from Mr. Hampton, Mr. Ensign called the secretary of transportation last year to plead the case for a Nevada airline, Allegiant Air, which was under investigation for allegedly overcharging for tickets. In April, he arranged for Mr. Hampton and his clients to meet the new transportation secretary in a successful effort to resolve a dispute with a foreign competitor.

The senator, after exchanges betxy.cen_his senior staff members and Mr. Hampton, also urged Interior Department officials to complete an environmental review for a controversial coal-burning plant under development by a Nevada power company, NV Energy.

Despite those efforts, Mr. Ensign's relationship with his one-time aide and the husband of his former mistress has ended in bitterness and recriminations. Mr. Hampton grew increasingly frustrated about his financial situation, believing that the senator had reneged on a deal to find him enough clients to sustain his income.

"You have not retained three clients for me as promised, and your poor choices have led to a deep hurt and financial impact to my family," Mr. Hampton wrote the senator in an e-mail message in July 2008. "At your request and your design, I left your organization to save your

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reputation and career, and mine has been ruined."

For his part, Mr. Ensign has complained that Mr. Hampton tried to extract exorbitant sums from him.

Until he admitted the affair in June, Mr. Ensign, 51, was a top Senate Republican leader and was discussed as a possible presidential contender in 2012. The silver-haired senator with a statesman's looks and family money - his father helped found a Las Vegas casino - has championed conservative social values.

But the scandal forced him to resign as head of the Republican Senate Policv Committee and ended talk of any bid for the White House.

Mr. Ensign spent part of the summer apologizing to constituents. Drawing a contrast with former President Bill Clinton, whom he had voted to impeach as a House member during the Monica Le'\vinsky affair, Mr. Ensign said in August that his infidelity was largely a personal matter and added, "I haven't done anything legally wrong."

Longtime Family Friends

The Ensigns and the Hamptons had been friends going back to their time together in Southern California in the 1980s, when John Ensign was just starting out as a veterinarian and had not yet begun to consider a life in politics. Darlene Ensign, the senator's wife, and Cynthia Hampton had known each other growing up there.

The families were so close that in 2004 the Ensigns persuaded the Hamptons to move to their expensive Las Vegas neighborhood. They traveled to Hawaii and Puget Sound aboard the jet owned by Mr. Ensign's father, watched their children's sporting events together and shared regular Sunday dinners.

In 2006, the senator hired Mr. Hampton as a top aide - effectively, his co-chief of staff - in a move that irritated some staff members, who thought Mr. Hampton's friendship with the senator and his background at a military contractor did not qualify him for the senior post. Mr. Ensign also hired Cynthia Hampton as his campaign treasurer.

The Hamptons were such a fixture in the Ensigns' lives that it raised no eyebrows when the senator took Ms. Hampton to Washington galas. Ms. Ensign did not like Washington much, associates said, and lived in Nevada.

At a black-tie Christmas party at the White House in 2006, Mr. Ensign and Ms. Hampton beamed as they posed for a picture with President George W. Bush and his wife, Laura. It "vas that night that he realized that his feelings toward Ms. Hampton had become romantic, Mr. Ensign later admitted to Mr. Hampton, according to Mr. Hampton.

A year later, during what Mr. Ensign said was a difficult time in his marriage, Mr. Hampton

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intercepted a text message from his boss to his wife that made plain that their relationship had become intimate. "It was such a betrayal," Mr. Hampton said.

There were heated confrontations, tearful admissions, promises to end the affair, even joint family meetings that included the couples' children. Still, the relationship continued.

During a February 2008 Congressional trip to Iraq, Mr. Ensign called Ms. Hampton almost every morning and night. She said that when the phone bill came to Mr. Ensign's campaign office, he gave her almost $1,000 in cash to cover the calls. Mr. Ensign's office confirmed that the senator gave Ms. Hampton "enough cash to cover the personal charges." (On the trip, Mr. Hampton said he noticed frequent calls from Mr. Ensign's cellphone to "Aunt Judy" - at his wife's number.)

That month, Mr. Hampton decided to take stronger steps to end the affair. He and Mr. Ensign shared a strong Christian faith, and often attended prayer meetings at a Capitol Hill house where Mr. Ensign, Mr. Coburn and other lawmakers lived. The house, on Street, is affiliated with the Fellowship Foundation, a Christian outreach group influential with conservatives in Congress.

Mr. Hampton went to several group leaders. On Valentine's Day, they confronted Mr. Ensign during lunch at the house. Mr. Hampton, yelling at times, was there, too. Mr. Coburn, an ordained deacon, took the lead in questioning Mr. Ensign, who acknowledged that Mr. Hampton's accusation was true.

"I said, 'No, 1, you're having an affair, and you need to stop,' " Mr. Coburn recounted. The senator said he also advised Mr. Ensign to make the affair public and to work to reconcile the two families.

Mr. Coburn warned Mr. Ensign that if the affair did not end, he would "go to Mitch"referring to Mitch McConnell, the Republican Senate leader, Mr. Hampton said.

At the urging offoundation leaders, Mr. Ensign agreed to write a goodbye letter to Cvnthia Hampton and send it by overnight mail. "What I did with you was a mistake," he wrote in longhand. "I was completely self-centered and only thinking of myself. I used you for my own pleasure."

But immediately after the confrontation, the senator called Ms. Hampton and told her to disregard the letter, Ms. Hampton said. The relationship would continue for six more months.

Work After Washington

The senator soon began developing an exit strategy to quietly move Doug Hampton out of his life.

Senate Republicans were facing a tough challenge in 2008, and Mr. Ensign, as chairman of the

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National Republican Senatorial Committee, was charged with raising tens of millions of dollars to help bankroll vulnerable Republican incumbents and elect newcomers.

During an afternoon of fund-raising meetings in late February 2008, Mr. Ensign confided in Michael Slanker, the group's political director, that Mr. Hampton was unexpectedly leaving his Washington office to return to Nevada.

There was no mention of the affair. Instead, Mr. Ensign told Mr. Slanker that Ms. Hampton was ill, and that her husband was weary of flying back and forth between Las Vegas and Washington, Mr. Slanker recalled. (Those explanations were "all untruths," he said he learned later.)

Within minutes, the senator and Mr. Slanker came up with an idea.

Michael Slanker had made more than $500,000 in the prior five years working for what he called "Ensign Inc." serving as Mr. Ensign's top fund-raiser and political consultant. The company Mr. Slanker and his wife had formed to help run these campaigns, November Inc., had become dormant after the couple moved to Washington to help Mr. Ensign run the Republican committee in 2007.

Mr. Slanker said he proposed that the firm could be revived, giving Mr. Hampton a well-known base in Nevada political circles to start a small government affairs practice. That afternoon, the senator and Mr. Slanker met with Mr. Hampton.

"Whatever clients you can get - you can eat what you kill," Mr. Slanker recalled telling Mr. Hampton of the deal.

As part ofthe arrangement, Mr. Ensign also agreed to help line up three or four clients who would pay Mr. Hampton enough to match or surpass his $144,000 Senate salary as an administrative assistant, Mr. Hampton said. His account is corroborated, in part, bye-mail messages Mr. Hampton sent to the senator that spring, and by a work DIan that Mr. Slanker and Ml'. Hampton prepared.

Soon after, Mr. Ensign called the Hamptons separately. Cynthia Hampton, he said, would have to leave her $48,000 a year campaign job, while her husband would have to quit as planned. But as severance, the senator said he and his wife would give the Hamptons a check for about $100,000, Ms. Hampton said.

Mr. Ensign's lawyer in June, however, called the $96,000 pa_Y:.men! that was ultimately made a tax-free gift from Mr. Ensign's parents to the Hamptons "out of concern for the well-being of longtime family friends during a difficult time."

Mr. Hampton's notes from the phone conversation with Mr. Ensign - sketched on a Senate notepad - made clear that they had agreed on one other condition.

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"No contact what so ever with Cindy!"

Phone Calls and Letters

NV Energy, the largest power company in Nevada, had a problem in the summer of 2008. The utility had been waiting more than a year for the Interior Department to finish an environmental assessment of a proposed $5 billion coal-burning plant.

The company figured that if Mr. Bush left office without the environmental report's being approved, the entire project could be stalled indefinitely. Nevada Democrats, including Senator Harry Reid, the majority leader, had spoken out against the plan.

That is where Mr. Hampton came in.

Weeks earlier, Mr. Ensign had contacted Michael Yakira, the chief executive of NV Energy, and inquired about work for Mr. Hampton, the company aclmowledged in an e-mail message. The company and its executives were reliable supporters of the senator, contributing more than $50,000 to his political causes over the previous five years. After Mr. Yakira met 'with Mr. Hampton, the company hired him, through November Inc., to do "lobbying coordination" of federal officials, according to a copy of the contract.

Interviews show that the senator also spoke with other Nevada power brokers, including Maurice J. Gallagher Jr., the chief executive of Allegiant Air, the Las Vegas-based discount airline; Bob Andrews, a financial industry executive; Sig Rogich, a prominent Republican consultant; and Paul Steelman, a casino architect and developer. In the conversations, Mr. Ensign did not specify what type of work Mr. Hampton might perform, but the executives he contacted said he had made it clear that Mr. Hampton would be well suited for consulting that drew on his Senate experience.

Mr. Steelman said that, in the midst of a phone conversation in which he was seeking Mr. Ensign's help on a casino dispute, the senator mentioned Mr. Hampton and asked ifthe developer might have business for him as a lobbyist or consultant.

"He knows I have a lot of clients throughout the world," Mr. Steelman said in an interview.

He did not end up enlisting Mr. Hampton, but NV Energy and Allegiant Air did, each agreeing to $5,000-a-month contracts through November Inc., company documents and interviews show.

The senator had a record of assisting Allegiant and NV Energy, both major employers in his state. His office, for example, had helped the airline resolve questions raised by the Securities and Exchange Commission in 2006, before the airline went public, and urged federal regulators in 2005 to approve NV Energy's plan to buy an electric power plant outside Las Vegas.

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Still, a review of the records and interviews shows that Mr. Hampton, in coordination with Mr. Ensign and his staff, played a significant role in pushing the companies' agendas in Washington.

With NV Energy, for instance, Mr. Hampton spent the summer of 2008 strategizing with John Lopez, the senator's chief of staff, about how Mr. Ensign could intervene with the Interior Department to get the coal-plant report completed, Mr. Hampton said.

In November 2008, Mr. Ensign wrote to the Interior Department secretary at the time, Dirk Kempthorne, restating his longstanding view that the project was good for Nevada and urging the agency to publish the report.

Mr. Hampton followed up the next month with an e-mail message to Mr. Lopez, still trying to get the report released. The delay "is really hurting Nevada," he wrote,

MIJ,_Q_12ez resJl_Q_ll_ded.lhe same dav. "I have been pounding Interior and can't figure why this hasn't come out," his e-mail message said. "I'll call again today."

Mr. Lopez asked Matthew C. Eames, the department's director of Congressional affairs, to make inquiries. Mr. Eames, in an interview, said after that hearing repeatedly from Mr. Ensign's office, he contacted half a dozen Interior Department officials in Nevada and Washington to urge them to issue the report.

Five days after the e-mail exchange between Mr. Hampton and Mr. Lopez - on Dec 17,2008 - the environmental impact statement was signed. (NV Energy has since put the coal plant project on hold.)

Mr. Ensign's office said that his intervention on behalf of the utility reflected his support for the plant. The senator "has been working on this specific issue for a long time before Doug Hampton was a lobbyist," according to Mr. Ensign's statement.

Senate ethics rules and federal criminal law prohibit former aides, if they have "the intent to influence," from making "any communication to or appearance" with any senator or Senate staff member for a year after leaving their jobs. A separate law required Mr. Hampton to register as a lobbyist ifhe intended to press a company's case on Capitol Hill.

Congress in 2007 toughened ethics laws to make failure to file as a lobbyist a criminal offense. Prosecutors have used the 12-month lobbying ban to bring criminal charges in several corruption cases, including the 2006 conviction of Bob Ney, then a Republican congressman from Ohio.

Mr. Hampton, who believed that Mr. Ensign's help with his clients was crucial to his success, admitted he had ignored the restrictions. He said that it was November Inc.'s responsibility to register him as a lobbyist, but he added that he did not insist the company do so because it would have made obvious that he was making inappropriate contacts on Capitol Hill. As for

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violating the one-year ban, he said he did so at Mr. Ensign's direction.

"Work with Lopez," Mr. Hampton said the senator told him. "I will take care of Lopez. I will make sure Lopez gives you what you need."

Mr. Lopez agreed that Mr. Ensign instructed him to work with Mr. Hampton, but offered a different explanation.

He said that after he had raised concerns about Mr. Hampton's requests, Mr. Ensign responded by designating him to be the office's intermediary with Mr. Hampton to ensure that the contacts complied with the law.

Mr. Lopez, who left Mr. Ensign's office last month, also said his conversations with Mr. Hampton were simply "informational."

"Did Doug advocate and try to lobby in a couple of instances?" Mr. Lopez asked. "Absolutely. But that's his problem."

Several legal experts said, however, that the communications between Mr. Ensign's office and Mr. Hampton might have been improper. If Mr. Ensign knew that Mr. Hampton was lobbying his office and facilitated the arrangement, he could face an inquiry, said Stan Brand, a former House general counsel who specializes in government ethics issues.

"You can't advise someone to do something against the law and not run into trouble on that," Mr. Brand said.

Mr. Hampton also turned to Mr. Ensign to intervene in disputes involving Allegiant Air, whose chief executive had donated $60,000 to the senator's political causes over the previous five years.

The company "vas under investigation by the Department of Transportation last year for deceptively tacking on a "convenience fee" on tickets sold over the Internet. Mr. Hampton asked Mr. Lopez to have Mr. Ensign call the transportation secretary at the time, Mary E. Peters, to object to the investigation, or at least to get a status report on the inquiry. (Ms. Peters confirmed that the conversation occurred.) The appeal failecL and half of a $50,000 fine was suspended.

In his statement, Mr. Ensign's office said that he had spoken to Mr. Gallagher, Allegiant's chief executive, about the airline's concerns before calling Ms. Peters and that he did not act specifically in response to Mr. Hampton's requests.

Mr. Hampton also worked with Mr. Ensign's office to arrange a March 2009 meeting between Mr. Gallagher and the new transportation secretary, Rav LaHood. Mr. Gallagher, who is chairman of an airline association, was seeking to challenge a contract that Air Canada had won to provide transportation to professional American sports teams. (Eventually, Air Canada

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was forced by the department to make changes in its charter practices that Mr. Gallagher had requested.)

Mr. Ensign requested the session in a phone call to Mr. LaHood, a former House Republican colleague, transportation officials said. The department described the March 11 meeting - with Mr. Hampton in attendance - as part of a series of courtesy visits with airline executives. The agency acknowledged that the Air Canada dispute was discussed.

The same day as the Transportation Department meeting, Mr. Ensign and Mr. Gallagher had lunch in the Senate Dining Room, with Mr. Hampton and Mr. Lopezjoining them. Mr. Hampton also set up meetings for Allegiant with five other senators on Capitol Hill, including Mr. Coburn.

Mr. Coburn said he realized only when asked about it that his meeting with Mr. Hampton might have violated the one-year lobbying moratorium. "It was wrong," Mr. Coburn said.

Allegiant Air and November Inc. also said they were unaware of any possible legal issues until asked recently, and said they would consult their lawyers to determine if corrective action was needed.

Mr. Slanker, at November Inc., said that if his company was part of improper lobbying efforts, ''I'm going to make it right." The whole situation, he added, "makes me sick to my stomach."

Going Public

Months after Mr. Hampton discovered the affair, he and his wife began seeing a counselor to salvage their marriage. But Mr. Hampton said he became increasingly embittered toward Mr. Ensign over the "destruction" the infidelity had caused.

By July 2008, Mr. Hampton said he was worried about his finances, since the senator had helped him get only two clients. The next month, Mr. Hampton secured a full-time position at Allegiant Air that paid as much as $225,000 a year. But he said he still felt he was in a precarious position because of his reliance on the senator for access in Washington. "1 couldn't keep living a lie," he said.

So in April, he hired a lawyer, Daniel J. Albregts of Las Vegas. In an interview, Mr. Albregts said he believed the Hamptons might have a civil claim against Mr. Ensign over their dismissals from his staff and the consequences for their family.

That began a series of intense, though ultimately futile conversations intended to reach a financial settlement.

Mr. Hampton went back to Mr. Coburn, who offered to talk to Mr. Ensign about restitution for the Hamptons to help them relocate from Nevada. Mr. Coburn said he raised the issue with Mr. Ensign, who said, 'Tlllisten."

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Mr. Albreglli.gm:e Mr. Coburn a figure: just under $8.5 million, to cover purchase of the Hamptons' home, lost wages and "pain and suffering."

Mr. Coburn dismissed that as "ridiculous." Mr. Hampton came back with a lower number - about $2 million, which Mr. Coburn passed on. Mr. Ensign flatly rejected the proposal.

"That's a joke; forget it," Mr. Coburn recalled Mr. Ensign saying.

The negotiations were over, but Mr. Hampton had a final card to play: publicity. Without telling his lawyer, he wrote a letter to F_Q~ News on June 11 laying out the affair. That would lead to a hastily scheduled news conference days later, when Mr. Ensign would express regret over the "deep pain" he had caused both families.

Doug and Cynthia Hampton are both now out of work - Allegiant Air let him go because of the scandal, and his NV Energy contract expired this spring. The couple have put their house up for sale and hope to leave Las Vegas.

While several citizens' watchdog groups have called for an ethics investigation into Mr. Ensign's conduct, there are no signs of any active inquiries. Mr. Ensign's string of apologies and his back-to-business demeanor in the months since his news conference appear to have helped him ride out the political storm. Over the last week, he made the news again, for opposing a major element of President Obama's health care plans. References to the affair were no longer attached to his name.

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<;!}r Keltt Uork (timc's Reprints

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MarCil 10. 2010

More Messages Link Senator to Job Effort

By ERIC L1CHTBLAU and ERIC LIPTON

WASHINGTON - Previously undisclosed e-mail messages turned over to the F.B.I. and Senate ethics investigators provide new evidence about Senator John Ensign's efforts to steer lobbying work to the embittered husband of his former mistress and could deepen his legal and political troubles.

Mr. Ensign, Republican of Nevada, suggested that a Las Vegas development firm hire the husband, Douglas Hampton, after it had sought the senator's help on several energy projects in 2008, according to e-mail messages and interviews with company executives.

The messages are the first written records from Mr. Ensign documenting his efforts to find clients for Mr. Hampton, a top aide and close friend, after the senator had an affair with his wife, Cynthia Hampton. They appear to undercut the senator's assertion that he did not know the work might involve Congressional lobbying, which could violate a federal ban on such activities by staff members for a year after leaving government.

The e-mail messages also hint at what Mr. Ensign's office now says was an effort by the Las Vegas firm, a small energy investment business called P2SA Equity, to improperly link Mr. Ensign's possible assistance to a promised donation.

The F.B.I. and the Senate Ethics Committee are investigating whether Mr. Ensign, in trying to contain the fallout from his affair with Ms. Hampton, conspired to find lobbying work for her husband despite the federal restrictions. They are also examining a $96,000 payment Mr. Ensign's parents made to the Hamptons.

Mr. Hampton has said that the senator promised to work around the lobbying ban and help him make up the income that he and his wife, a former Ensign campaign staff member, lost when they left their jobs after the affair ended in 2008.

The e-mail messages involving P2SA, which were provided to The New York Times by someone involved in the case, appear to open a new line of inquiry to investigators.

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In October, The Times disclosed Mr. Ensign's role in securing lucrative jobs for Mr. Hampton at two other Nevada companies - NV Energy and Allegiant Air - and intervening with federal officials on behalf of those companies. But the senator's discussions with P2SA executives about potential work for Mr. Hampton have not been previously reported.

Mr. Ensign's entreaties to P2SA, though, were unsuccessful. Executives there decided after several interviews with Mr. Hampton that they did not have a spot for him.

Mr. Ensign denied any wrongdoing.

"Senator Ensign has stated clearly, he has not violated any law or Senate ethics rule," said Rebecca Fisher, the senator's spokeswoman. "If Doug Hampton violated federal law or rules, Senator Ensign did not advise him to do so, did not suggest that he do so, and did not cooperate with his doing so."

Officials from the F.B.I. and the Senate ethics panel declined to comment.

P2SA, which has tried to turn Las Vegas into a national center for alternative energy, is co-owned by Greg J. Paulk, a contractor who has been a campaign donor to Mr. Ensign.

According to the e-mail messages. Mr. Ensign met with Mr. Paulk and Bob Andrews, then P2SA's executive vice president, in May 2008 to discuss any help the senator might be able to provide on energy projects.

At that time, Mr. Ensign was scrambling to find work for Mr. Hampton, his former top administrative aide. The senator had already helped find a position for Mr. Hampton at November Inc., a political consulting shop run by a former fund-raiser for the senator, and had spoken with donors at Allegiant Air and NV Energy about possible consulting work there.

At the meeting, Mr. Andrews said in an interview, he sought the senator's support for a biodiesel facility the company was building in Las Vegas and a possible land swap in Sloan, Nev., with the federal Bureau of Land Management (referred to as BLM in e-mail exchanges) so the company could build a solar power plant.

Mr. Ensign brought up the idea of P2SA's hiring Mr. Hampton, Mr. Andrews recalled.

The senator mentioned "that he might have somebody we should talk to who might be able to provide us with assistance in our biodiesel program," Mr. Andrews said, adding: "I took this as a helpful hint."

In a follow-up e-mail message obtained by the F.B.I. and Senate investigators, Mr. Andrews wrote to Mr. Ensign: "We are excited about the assistance that you and your staff may be able

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to give us in regards to the Biodiesel and our properties south of Sloan."

Mr. Andrews added: "Give me the information regarding next week's fund-raising and we will certainly attend. Thanks again."

According to the documents, Mr. Ensign forwarded the note about the company's business plans to Mr. Hampton with a message of his own saying: "I think you have played golf with him. This is who I met with."

That led to a series of meetings between Mr. Hampton and Mr. Andrews about consulting work.

"It was my understanding he was in the lobbying business," Mr. Andrews said of Mr. Hampton. "Being able to lobby our Congressional and senatorial lawmakers was certainly something we were exploring."

Mr. Ensign also spoke with Mr. Slanker at November Inc. about Mr. Hampton's job prospects.

"Spoke with .JE about the Paulks," Mr. Slanker, using the senator's initials, told Mr. Hampton in an e-mail message. "They are looking into energy stuff in rural NV possibly and might need BLM help." The firm was a "solid prospect" for consulting work, he said.

In an e-mail message on May go.iaoo Si Mr. Hampton told the senator that he expected to meet soon with Mr. Andrews about a consulting job. Six weeks later, though, he e-rnailed again to say that the firm had "decided they do not need the service at this time."

Still, the case could pose legal problems for Mr. Ensign, ethics lawyers said.

The one-year ban on lobbying by former Congressional aides applies mainly to the former employees themselves. But investigators are seeking to determine if Mr. Ensign helped Mr. Hampton flout the law, and whether the senator's decision to pass Mr. Hampton information about P2SA's proposals could constitute improper "contact," even if it did not produce ajob, several lawyers said.

At a minimum, the Senate ethics committee would most likely want to determine whether the e-mail messages between Mr. Ensign and Mr. Hampton related to an "official matter" under ethics restrictions, said Elliot S. Berke, a lawyer specializing in Congressional ethics. With ethics allegations swirling in Washington, the case against Mr. Ensign is one of the few to have risen to a criminal investigation.

P2SA's projects ultimately foundered. The biodiesel plant it financed was built but never opened, and the idea for a solar plant stalled. But Mr. Ensign did push legislation, which

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would have benefited the company, to provide a new tax break for solar power projects, and he voted to extend a separate tax break for biodiesel plants. Ms. Fisher, the spokeswoman for Mr. Ensign, said the senator's actions were unrelated to any requests by P2SA. She acknowledged, though, that the firm's apparent linking of campaign contributions to political help raised ethical issues.

In August 2008, two months after meeting with the senator, Mr. Paulk donated $10,000 to a political action committee affiliated with Mr. Ensign and a half-dozen other politicians, records show. Ms. Fisher said Mr. Ensign's office returned $1,666 - his share of the contribution - in late 2008 after a staff member alerted him to the potential ethics problem.

"The senator acted immediately by calling the company to tell them that his office could not assist them because the subject of fund-raising had been raised in the context of a request for assistance," Ms. Fisher said. "Senator Ensign has consistently acted in an ethical manner to avoid even the appearance of impropriety."

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Ex-Ensign aide details wife's affair - News - Review.Iournal.corn

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Ex-Ensign aide details wife's affair

Hampton discloses letter from senator discussing 'sin' he committed

By MOLLY BALL

LAS VEGAS REVIEW-JOURNAL

Midway through a nine-month extramarital affair with a member of his campaign staff, Sen, John Ensign wrote his lover a letter saying they had committed a "sin" and "God never intended for us to do this."

"I used you for my own pleasure .... I betrayed everything I believe in," Ensign wrote.

The letter from Ensign, R-Nev., to Cindy Hampton is dated February 2008. Ensign has said the affair lasted from December 2007 to August 2008.

Despite the letter's contrite language, Ensign immediately sought to continue the relationship with Cindy Hampton, her husband, Doug Hampton, told local journalist Jon Ralston in an interview that aired in part on Wednesday.

Doug Hampton claims in the interview that Ensign paid "well over $25,000" in severance to Cindy Hampton when she left Ensign's employ in May 2008, according to Ralston, the host of "Face to Face" on Las Vegas ONE and a columnist for the Las Vegas Sun.

The aggrieved husband, who had sought to expose Ensign to Fox News before Ensign's admission of the affair last month, believes Ensign showed poor judgment in pursuing the affair and in its aftermath and should now resign. Hampton, who declined to talk to the ReviewJournal outside his home Wednesday, provided the Ensign letter to Ralston.

Doug Hampton, 47, was a top staffer in Ensign's U.S. Senate office until May 2008. He claims both he and Cindy, 46, lost their jobs with the senator because of the affair.

Ensign, 51, admitted the affair in a Las Vegas news conference on June 16, apologizing to those affected and taking no questions. He has since gone back to work in Washington.

Ensign's staff declined to answer questions Wednesday about Hampton's accusations, though in the evening spokesman Tory Mazzola issued a statement: "In response to today's television interview, Senator Ensign said Doug Hampton was consistently inaccurate in his statements."

In the letter, Ensign wrote that he had ignored the effect his actions would have on Doug Hampton, a longtime close friend, and the Hamptons' three children, who attended the same Summerlin private school as the EnSign children.

"I lied to myself over and over," Ensign wrote. "I justified my actions because I blamed my wife. Doug has been a great friend to me over the years + I threw all of that away over wanting to feel good."

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Ensign, a born-again Christian, laments the affair as a violation of God's will. "I walked away from Him + my relationship with Him has suffered terribly," he wrote.

Doug Hampton says in the interview, however, that Ensign wrote the letter only after being confronted by representatives of the church foundation that owns the Washington house Ensign shares with other Christian lawmakers.

The group of men, including Sen. Tom Coburn, R-Okla., urged Ensign to give the Hamptons "millions" in financial assistance and write a remorseful letter in order to end the relationship, Hampton said.

Though Ensign wrote the letter and sent it to Cindy Hampton, that same weekend the senator told Doug Hampton, "I'm in love with your wife," Hampton says.

The Hamptons had been living at the Ensigns' home, not far from theirs in Summerlin, when the affair began in December 2007, Hampton says. They needed a place to stay after their own house was broken into.

Doug Hampton found out about the affair from a text message he discovered. "It just dealt with the fact that they had kind of enjoyed being together/ is how Hampton described the message.

The two families, including their children, had it out on Christmas Eve, Hampton says. "John (Ensign) broke down, and Cindy was beside herself/ Hampton says.

But after that, Ensign, he says, continued to call and text Cindy.

When Ensign's pursuit continued, Hampton brought the churchmen into the picture, and they confronted him in mid-February. Ensign wrote the letter, but immediately called Cindy and told her to ignore it, Doug Hampton says.

A spokesman for Coburn, Ensign's housemate and fellow senator, confirmed Wednesday that Coburn confronted Ensign about the matter.

"Dr. Coburn did everything he could to encourage Senator Ensign to end his affair and to persuade Senator Ensign to repair the damage he had caused to his own marriage and the Hamptons' marriaqe," John Hart said in an e-mail statement. Coburn is a medical doctor. "Had Senator Ensign followed Dr. Coburn's advice, this episode would have ended, and been made public, long ago."

Since announcing the affair last month, Ensign and his staff have cited Hampton's approach of Fox News and his requests for cash as the senator's reason for making it public.

Hampton, through a lawyer, asked for millions in what he considered restitution for the family's suffering, he acknowledges in Wednesday's interview. An Ensign spokesman previously called the request an "outrageous demand" and said it was referred to the senator's lawyer.

But Hampton says he got the idea for a financial settlement from the churchmen and Coburn. "These men were the ones that said, 'What we need to do is we need to get Doug Hampton's home paid for and we need to get Doug Hampton some money and we need to get his family to Colorado,' " he says.

When the intervention didn't work, the Hamptons were pushed out of their jobs, he says.

"His personal pursuit of Cindy spilled over into, 'Hey, I'm really sorry, but you guys have to leave the organization. This isn't working,' " Hampton says in the interview. "The cr-eation of the consulting (job), November Inc., all of those tentacles were birthed because John needed things to go down like this. He was still in pursuit of Cindy. He needed me out of the organization and Cindy ultimately was asked to leave basically by the family."

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Hampton says Ensign's wife, Darlene, called the senator's chief political consultant, Mike Sianker, and had him arrange for a consulting position with his firm, November Inc., to get Hampton "back here to the state (Nevada) and out of my (Ensign's) official office."

Sianker did not return calls seeking comment Wednesday.

The friendship between the Ensigns and Hamptons goes back to the two wives' high school days in California. Doug Hampton says in Wednesday's interview that the Ensigns were "like family."

"This put us in an unbelievable position," Hampton says in the interview. "Our families, our lives were so intertwined. Our kids go to school together. Cindy is his (campaign) treasurer, I am a top officia I."

Cindy handled the books for Ensign's Battle Born Political Action Committee and his Senate campaign fund until May 2008. During the time Ensign says the affair occurred, her salary doubled, which Ensign aides explained by saying her responsibilities increased.

Hampton says he does not blame his wife for the affair.

"I believe that Cindy wanted to get away, and that had John not been the pursuer in all of this it never would have happened," he says. "This wouldn't have taken place this way .... Cindy really wanted to pursue the right thing. John, given the opportu nity, chose John, chose what was best for John, and kind of ramrodded and ran through people including those very close to him when he was confronted with this. He wanted a relationship with Cindy."

Hampton disputes Ensign's claim that the affair lasted until August, saying, "Cindy came very clean with a lot of things in March and asked for my help." In the letter Hampton wrote to Fox News last month, he wrote that Ensign's "heinous conduct and pursuit ... did not subside until August of 2008."

Ensign should resign, Hampton says, "because I don't think his decision-making in the last couple of years is that of a United States senator. Listen, we all make mistakes, we're all people. I am not in any way, shape or form standing on a soapbox with that issue. But in this time period, what took place with two employees, how he handled Cindy, how he handled Doug, how he handled the staff, how he handled the NRSC (National Republican Senatorial Committee, which Ensign then chaired), how he led that story-making and all of that cover-up that took place is not the behavior and conduct of a United States senator."

The second half of the interview is scheduled to air today on "Face to Face," which is shown on Cox Cable Channel 19 at 5:30 p.m.

The question of whether Ensign paid Cindy Hampton money that was not properly reported to authorities was one of the key underpinnings of ethics complaints filed against the senator after he confessed to their extramarital affair last month.

Doug Hampton is saying Ensign paid his wife more than $25,000 in severance when she stopped working as treasurer of his political action committee and his re-election fund.

No such payments were reported to the Federal Election Committee as required by federal law. The amount of $25,000 is important because, if it is true, that is the threshold that could trigger a possible felony charge against Ensign.

If Ensign were convicted of a knowing and willful failure to report payments of that size, he could be subject to a Fine and five years in prison.

"This may be the most serious thing he faces in the matter. This is the only place he may face a criminal charge," said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington. The group Filed complaints against Ensign with the FEC and the Senate Ethics

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Committee on June 24.

The New York Times has reported Ensign paid Cindy Hampton out of his own pocket. Ensign has not addressed the circumstances surrounding her departure from his campaign payroll.

Sloan and other attorneys said Ensign might be expected to argue that if any money was paid to Cindy Hampton, it was not for severance but rather as a gift or for some other reason. In that way, it might not be subject to the campaign finance law,

But such a claim would certainly be scrutinized given the circumstances of Hampton's departure from Ensign's employment.

C/eta Mitchell, an attorney with Foley & Lardner LLP who advises clients on campaign finance and election law, said such a claim could open up Ensign and Cindy Hampton to questioning on other fronts,

"Every time there is a payment of some kind, it has to be categorized as something," Mitchell said, "If it was a gift, well, OK, did he pay gift taxes on it? Did she? It has to be something."

Stephens Washington Bureau Chief Steve Tetreault and Review-Journal writer Carri Geer Thevenot contributed to this report,

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Ensign's Parents Made Payments to His Mistress and Her Family

http://www.washingtonpost.comlwp- dyn/ content/art] c I e/2 009/07/09/.

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Ensign's Parents Made Payments to Mistress, Her Family

By Dan Eggen and Chris Cillizza Washington Post Staff Writers Friday, July 10,2009

The wealthy parents of Sen. John Ensi@ (R-Nev.) gave $96,000 last year to the staffer who was then his mistress and to her family, his attorney said yesterday.

The gifts to Cynthia L. Hampton and her family were given "out of concern for the well-being of longtime family friends during a difficult time," according to the lawyer, Paul Coggins.

The gifts roughly coincided with Hampton's departure as treasurer of Ensign's political committees, as well as with the resignation of her husband, Douglas, as Ensign's chief of staff, on May 1,2008. Ensign has said that the sexual affair with Cynthia Hampton began in December 2007 and continued until the following August.

The money was disbursed in April 2008, in eight checks of $12,000 each, with two checks each for Cynthia Hampton, her husband and their two children, Coggins said.

He said the gifts complied with tax rules and did not come from official or campaign funds. "Senator Ensign has complied with all applicable laws and Senate ethics rules," he said.

The disclosure comes a day after Douglas Hampton alleged that Ensign gave his wife a $25,000 severance payment. Hampton has portrayed Ensign as obsessive in pursuit of his wife, releasing a letter in which Ensign says he "used" Cynthia Hampton for "my OW11 pleasure."

Since Ensign admitted the extramarital affair several weeks ago, he and his defenders have accused the Hamptons of making exorbitant financial demands but denied that Ensign provided any severance payments or other financial assistance for the couple. Ensign has said he has no plans to resign his office.

In an interview this week, Douglas Hampton also alleged that Sen. Tom Coburn (R-Okla.), a close friend of Ensign's, urged Ensign to end the affair early last year and suggested financial compensation for the Hampton family.

Coburn's office acknowledged that he counseled Ensign to end the affair but denied suggesting any financial deal.

Yesterday, Coburn told the Roll Call newspaper that he would refuse any attempts to compel him to testify in court or at the Senate ethics committee about his role. Coburn, an obstetrician, claimed a legal privilege against such testimony as his physician and religious adviser.

"I was counseling him as a physician and as an ordained deacon," Coburn said. "111at is privileged

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Ensign's Parents Made Payments to His Mistress and Her Family

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communication that I will never reveal to anybody. Not to the ethics committee, not to a court of law, not to anybody."

But Melanie Sloan, a former federal prosecutor who is now executive director of Citizens for Responsibility and Ethics in Washington, said that neither privilege would apply to Coburn's case because Ensign cannot plausibly be his patient and because being a deacon does not qualify a person as clergy.

Sloan, whose group has filed an ethics complaint against Ensign, also questioned whether the $96,000 in payments to the Hampton family might be viewed as a way around campaign rules that require reporting severance packages for employees such as Cynthia Hampton.

Ensign's father, Michael, is a former casino executive who earned more than $130 million in stock sales and stock options while engineering the sale of the Mandalay Resort Group, which he headed, to MGM Mirage. Michael Ensign has more recently sought to get back into the gambling business by teaming up with a development company in Topeka, Kan., to bid on operating a casino in south-central Kansas, according to news reports.

Research editor Alice Crites contributed to this report.

View all comments that have been posted about this article.

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Ensign's mistress saw salary double, son was paid $5,400 - Wednesday." http://www.lasvegassun.cOlninews/2009/junl17/ensign-resigns-gop-Ie

Las Vegas Sun

Ensign's mistress saw salary double, son was paid $5,400

Ex-campaign aide to Ensign confir-ms affair

By ]. Patrie\< Coolican (contact), Lisa MascarQ (contact)

Published Wednesday, June 17,2009110:13 a.m. Updated Wednesday, June 17,200913:24 p.m.

UPDATE: Ensign's office: Woman's husband approached media with storv

The one-time mistress and campaign treasurer of Sen. John Ensign saw her salary double during the time of the affair, according to federal election documents.

Cynthia Hampton, whose husband, Doug Hampton, was a senior aide to Ensign, the Nevada Republican, was paid nearly $1,400 per month for most of 2007 as treasurer of Ensign's Battle Born Political Action Committee.

Her salary increased slightly in January 2008 but then doubled to nearly $2,800 per month ill February 2008 and stayed at that higher rate through March and April, when she left the job.

She also made $500 per month in late 2007 at the Ensign for Senate campaign committee.

Hampton's 19-year-old son was paid $5,400 by a political operation controlled by Ensign, according to federal election documents.

Brandon Hampton was being paid by the National Republican Senatorial Committee, of which Ensign was chairman, for "research policy consulting," according to the election documents.

The payments were first reported by Sun-partner Politico.

Doug Hampton received $19,679 from the senator's office for one month, between Apri I I and May 1, 2008 -- a sum substantially higher than his normal salary, according to Senate records. He and his wife both stopped working for the senator at that time, in May 2008.

Doug Hampton had been earning about $160,000 annually since he started on the senator's payroll on Nov. 8,2006. He was one of the top paid aides in the office, receiving pay equal to the senator's chief of staff

Also today, the Associated Press reported that an attorney for the Harnptons released a statement, confirming the affair and lamenting Ensign's decision to "air this very personal matter" and said she eventually would tell her side of the story.

The Nevada political world was thrown into turmoil Tuesday when Ensign, who had been considered a rising star in national politics, acknowledged the affair with Hampton.

Ensign, whose office is not replying to requests for interviews, has said he intends to remain in the Senate, though he resigned his GOP leadership position today.

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Ens ign' s mistress saw salary double, son was paid $5,400 - Wednesday... http://www.lasvegassun.com/news/2009/junlI7 /ensign-resigns-gop-!e

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January 20,2010 Wednesday Late Edition - Final

SECTION: Section A; Column 0; National Desk; Pg. 14

LENGTH: 428 words

HEADLINE: Interviews Begin for Ex-Aides to Ensign

BYLINE: By ERIC LICHTBLAU

DATELINE: WASHINGTON

BODY:

The Justice Department has begun interviewing former aides to Senator John Ensign, Republican of Nevada, as part of a criminal inquiry into accusations that he arranged lobbying work for a onetime senior aide in the fallout from an affair he had with the aide's wife, people with knowledge of the case said Tuesday.

The inquiries signal the Justice Department's intensified interest in a case that has put Mr. Ensign, once considered a Republican presidential hopeful in 2012, in political and legal jeopardy.

Officials said in early December that the Senate ethics committee was issuing subpoenas in the case and that the Justice Department was taking an active interest in the question of whether Mr. Ensign might have violated a federal prohibition on lobbying by former staff members.

Since then, according to people involved in the case who spoke on condition of anonymity, agents from the Federal Bureau ofInvestigation and prosecutors from the Justice Department's public integrity section in Washington have contacted at least three former aides to Mr. Ensign: Douglas Hampton, a former top Senate aide to the senator; Cynthia Hampton, his former campaign treasurer and the wife ofMr. Hampton; and John Lopez, his former chief of staff Politico first reported Tuesday that the F.B.I. had contacted some people in the case.

Mr. Ensign has acknowledged having an affair with Ms. Hampton beginning in late 2007, and The New York Times reported last October that after Mr. Hampton discovered the affair, the senator moved him off his Senate staff and arranged well-paid lobbying jobs for him with Nevada firms in an effort to contain the damage.

Asked about the developments on Tuesday, Rebecca Fisher, a spokeswoman for Mr. Ensign, said, "Senator Ensign believes he fully complied with all ethics laws and rules and plans to cooperate with any official inquiries."

Robert Kelner, a lawyer for Mr. Lopez, the former chief of staff, declined to say Tuesday whether his client had been contacted by the F.B.I. But he said that Mr. Lopez "is someone who has an excellent reputation in Washington for integrity and professionalism, and we believe he has complied with the law." Mr. Lopez left Mr. Ensign's office last year and now works in Washington for R&R Partners, a Nevada-based lobbying and public relations firm.

Mr. Hampton and his lawyer in Las Vegas, Daniel Albregts, declined to comment Tuesday, and officials with the Justice Department, the F.B.I. and the Senate ethics committees all declined to discuss the status of their inquiries.

Interviews Begin for Ex-Aides to Ensign The New York Times January 20,20]0 Wednesday

URL: http://www.nytimes.com

GRAPHIC: PHOTO: Senator John Ensign (PHOTOGRAPH BY MARK WILSON/GETTY IMAGES) LOAD-DATE: January 20, 2010

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Politico. com

March 17,2010 Wednesday 9:38 PM EST

LENGTH: 502 words

HEADLINE: Grandjury subpoenas Ensign-tied companies

BYLINE: John Bresnahan, Manu Raju

BODY:

A federal grand jury in Washington, D.C. has issued document subpoenas to at least a half-dozen Nevada companies with ties to Sen. John Ensign (R-Nev.), a sign that the criminal probe into Ensign's romantic relationship with a former aide is accelerating.

The existence of the subpoenas was first reported by KLAS-TV in Las Vegas.

The TV station said Justice Department investigators "came to Las Vegas with a fistful of subpoenas to serve on local businessmen who have had dealings with Senator Ensign or his staff since January 2008. The team consisted ofa special agent from the FBI and a prosecutor from the Criminal Division, Public Integrity Section of the Department of Justice. "

The subpoenas were issued by a federal grand jury in Washington, with a response date of March 31. Investigators are seeking e-rnails and other documents relating to Ensign going back to Jan. 2008.

Federal investigators are seeking information on John Lopez, Ensign's former chief of staff, as well as Mike and Lindsay Slanker, Ensign's top political advisors, and their consulting firm, November, Inc.; and Doug and Cindy Hampton, two former Ensign aides.

Ensign has been under fire since last June when he publicly acknowledged an extramarital affair with Cindy Hampton, his campaign treasurer and wi fe of Doug Hampton, a former top Ensign aide.

Since Ensign's public admission of the affair, the Nevada Republican has faced a series of news reports - fueled by Doug Hampton - laying out what steps Ensign took to get Hampton lobbying work with Nevada companies after he and wife left Ensign's staff in April 2008.

Ensign's family also gave $96,000 to the Hamptons, but the senator insists those funds were a gift and not an attempt to buy the Harnptons' silence or otherwise related to the extramarital affair.

Doug Hampton, though, has been harshly critical of Ensign in several interviews, and he has stated that the payments from Ensign's family were hush money to keep him and his wife quiet about the affair.

POLITICO reported in mid-January that FBI agents had begun interviewing several key players in the Ensign scandal, but this is the first time that federal subpoenas have been issued in the case.

The Senate Ethics Committee is also investigating Ensign. It is unclear whether the panel will continue to do so now that a federal grand jury is involved in the scandal. The Ethics Committee traditionally defers to law enforcement agencies conducting a criminal probe, although in this instance, the panel has not yet done so.

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Grand jury subpoenas Ensign-tied companies Politico.com March 17,2010 Wednesday 9:38 PM EST

"Sen. Ensign is confident he has complied with all ethics rules and laws and will cooperate with any official inquiries," said Rebecca Fisher, a spokeswoman for Ensign.

A spokeswoman for Sen. Barbara Boxer CD-Calif.), chairwoman of the Ethics Committee, declined to comment on the latest Ensign story or the existence of the federal subpoenas.

Ethics Committee members did meet on Wednesday, according to Senate insiders, and the Ensign case was expected to be on the agenda.

LOAD-DATE: March 18,2010

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EXTRAMARITAL AFFAIR: Republicans subpoenaed in Ensign probe ...

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CORRECTION: A March 19 story about investigations of John Ensign misstated the payment that Ensign's parents made out to the Hampton family. The payment was for $96,000.

EXTRAMARITAL AFFAIR: Republicans subpoenaed in Ensign probe

Investigations into allegations involving senator widen

By STEVE TETREAULT AND BENJAMIN SPILLMAN

LAS VEGAS REVIEW-JOURNAL

WASHINGTON -- High-powered Republicans in Washington and Nevada are being pulled into investigations of Sen. John Ensign and allegations he violated federal law by trying to obtain lobbying work for the husband of his mistress.

The National Republican Senatorial Committee has been subpoenaed by a federal grand jury to provide documents from when Ensign was its chairman and having an extramarital affair with the wife of Doug Hampton, one of his top aides.

Powerful Nevada Republicans Sig Rogich and Pete Ernaut also disclosed Thursday receiving subpoenas stemming from probes into the allegations that Ensign tried to illegally solicit lobbying contracts from Nevada firms for his former aide. Ensign has acknowledged a nine-month extramarital affair with Cindy Hampton, who was also in the senator's employ, from December 2007 to August 2008,

The issuance of subpoenas by the U.S, Department of Justice in addition to the Senate Ethics Committee indicates a new phase in the investigations, casting further doubt on the political future of Ensign, who a year ago was a rising GOP star.

Rogich, who was an adviser to President Ronald Reagan and President George H.W, Bush, said he received subpoenas from the Senate Ethics Committee and the Department of Justice. He said the subpoenas were seeking any documentation of communication with Ensign and Doug Hampton, of which Rogich said he had little,

Rogich said Ensign called about a year ago and asked whether Rogich would meet Hampton, The meeting occurred at the office of Rogich Communications in Las Vegas but was short and didn't end with any work for Hampton.

"I never met him before, I've never seen him after/ Rogich said. "John Ensign asked if I would meet with him. I met with him, and I said I had no job for him.

"It was literally a 10-minute meeting,"

Ernaut, president of R&R Partners, who has been a consultant to Ensign and former Gov. Kenny Guinn, said he too received a subpoena,

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He said the Ethics Committee, but not the Justice Department, sought information from him, business partner Billy Vassiliadis and the firm R&R Partners.

Ernaut said Ensign never asked him or R&R to give Hampton work. He described the subpoena request as broad.

"The nature of the subpoena is an extremely wide and general document request of any e-rnalls that have ever been sent between me, our company or my partner Billy to John Ensign, to NV Energy, to most of the folks that are on that list," Ernaut said.

The two-term senator, who turns 52 on March 25, has become a somewhat isolated figure in the Senate, fighting to be heard on health care and other issues while some colleagues are hesitant to be seen with him, according to reports in the Capitol Hill press.

One Nevada Republican insider who didn't want to be identified by name said people in political circles are angry at Ensign over the entire episode.

"What he has done is jeopardize a U.S. Senate seat and bring embarrassment to his state, not to mention subpoenas to people who have nothing to do with it," the insider said.

Some companies that have been linked to the probe said they would be cooperating with authorities.

An official with one company who spoke on the condition of anonymity said investigators had subpoenaed documents but had not asked for testimony in person.

Ennio Ponzetto, CEO of eCommLink, said officials at his company were cooperating with authorities.

"We are fully cooperating with the authorities on this and disclosing all information," Ponzetto said. "I need to defend my business and the business of the company. There is absolutely a high ethical standard with the company."

NV Energy officials issued a statement saying "we will cooperate with any federal review." It is one of the companies where Ensign is said to have solicited work for Hampton.

In an e-mail from Hampton to Ensign posted by The New York Times in October, Hampton complained Ensign merely "made a two-minute phone call to (NV Energy President and CEO) Michael Yackira of which I could have made."

In the same e-mail, Hampton did credit Ensign for helping him land a job at Allegiant Travel Co., a Las Vegas-based airline. Officials at Allegiant wouldn't comment on whether they had been served with a subpoena.

Brian Walsh, a spokesman for the National Republican Senatorial Committee, confirmed the group's subpoena but did not provide further details. The committee's general counsel, Sean Cairncross, said the committee "has responded appropriately to questions concerning matters related to the 2008 election cycle time frame."

Apart from acknowledging his affair with Cindy Hampton last June, Ensign has maintained he did nothing illegal or improper in aiding Doug Hampton. An ethics law prohibits senior aides from lobbying the Senate for a year after leaving their posts.

"Senator Ensiqn is confident he has complied with all ethics rules and laws and will cooperate with any official inquiries," spokeswoman Rebecca Fisher said. She would not comment on any contact that Ensign or any members of his current staff might have had with investigators.

Thursday's disclosures came on the heels of a report by KLAS-l\! that several businesses in Las

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Vegas had received subpoenas for documents in recent days.

A copy of a redacted subpoena posted to the KLAS-1I/ Web site orders the recipient to provide any documents related to Ensign; the Hamptons; former Ensign chief of staff John Lopez; and Michael and Lindsey Sianker, a married couple who were Ensign's longtime political advisers in Nevada and also in Washington when he led the senatorial committee.

The subpoena tells the recipient to report March 31 to grand jury chambers at U.S. District Court in Washington.

A spokeswoman at the Washington field office of the FBI, which is listed as a contact on the subpoena, said the agency had no comment.

It has been reported that the Senate Ethics Committee had issued subpoenas to Lopez and Mike Sianker and also to NV Energy.

Ensign's affair took place during the time he headed the National Republican Senatorial Committee, the fundraising and political strategy arm of the Senate GOP caucus.

Mike Sianker, who was a successful political consultant in Nevada as head of November Inc., a GOP firm, was brought to Washington by Ensign to serve as the committee's political director while his partner Lindsey Sianker was its chief fundraiser.

During the spring and summer of 2008, the Hamptons' son Brandon was hired as an intern at the committee, earning $1,000 per month.

Sources said investigators might be seeking relevant committee e-mails from the 2007-2008 period to or from Ensign and the Siankers.

Apart from whether Ensign improperly aided Hampton in finding work, investigators also are thought to be looking into a $96,00 check that Ensign's parents made out to the Hamptons in April 2008.

Although an attorney for Ensign has described the money as a gift, Doug Hampton has alleged it was intended as severance pay for his wife that was not properly reported on federally required campaign forms.

Doug Hampton was administrative assistant on Ensign's staff in Washington, and Cindy Hampton worked for Ensign's political committees until they left his employ at the end of April 2008, after Doug Hampton insisted the extramarital relationship be brought to an end.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760.

Find this article at: http://'M/'NV.lvrj.comlnews/grand-jury-issues-subpoenas-in-ensign-probe-88417307.html

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INO LONGER A TARGET': News again good for Ensign

Justice Department won't file charges over fallout from affair

By STEVE TETREAULT and JEFF GERMAN LAS VEGAS REVIEW-JOURNAL

WASHINGTON -- The Department of Justice has informed Sen. John Ensign that it has no plans to charge him with crimes related to the fallout from an extramarital affair with his campaign treasurer, also the wife of a top aide, an attorney for the Nevada Republican said Wednesday.

Investigators notified Ensign that he is "no longer a target" in the criminal investigation, said Paul Coggins, a Dallas-based white-collar defense lawyer, one of at least three attorneys Ensiqn hired to fight various allegations of wrongdoing.

Neither Ensign nor Coggins would provide details of discussions with the Justice Department, but Coggins said prosecutors broke the news by telephone earlier this week.

"Obviously this is great news for us," Ensign, 52, said Wednesday outside a Senate hearing room. "It's a pretty nice early Christmas present."

Ensign has maintained he broke no law nor Violated any Senate rules involving the affair.

The government's decision not to prosecute is the second break Ensign has received in the past two weeks in a controversy more than a year old that has threatened his political career and shattered relationships with longtime friends and allies in Nevada.

The Federal Election Commission announced Nov. 18 that it was dropping a campaign finance complaint that could have led to a fine against Ensign. But the Justice Department investigation was viewed as the most serious because an indictment on criminal charges would have ended his career and left him fighting possible prison time.

Ensign acknowledged he remains under investigation by the Senate Ethics Committee on allegations similar to those examined by Justice. Although Justice sought evidence that would warrant a criminal prosecution, the Ethics Committee has broad jurisdiction to pass judgment on any behavior that might cast the Senate in a negative light.

That investigation could result in action ranging from outright dismissal of the matter to a reprimand or a recommendation that the full Senate consider censure or expulsion.

"We are hoping that the Ethics Committee will see the FEC has dropped their (investigation) and that Justice has dropped theirs ... and I hope they see that quickly," Ensign said.

The committee had no comment.

Investigators were trying to determine whether Ensign broke ethics rules or laws in an attempt

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to cover up an affair with Cindy Hampton, his former campaign treasurer and the wife of Doug Hampton, a longtime friend who came to Washington to become his top administrative assistant.

Both Hamptons left Ensign's employ in late April 2008, several months after the affair was discovered and caused rifts between their families. The major allegation centered on Ensign's efforts to call Nevada firms and find lobbying work for Doug Hampton as a way to cushion the aide's departure and loss of salary.

Authorities investigated whether Ensign made his office available to Hampton and his new clients in violation of federal laws that forbid high-level Senate aides from lobbying senators for a year.

Although Ensign maintained he has been cleared, it was uncertain whether the Justice Department was continuing the investigation in other directions.

Dan Albregts, a Las Vegas lawyer for Doug Hampton, said Justice Department lawyers have not informed him that the investigation has been completed.

"Given my understanding of the investigation, I'm shocked by their claim," Albregts said. "In fact, my understanding is that the investigation is still ongoing."

Asked whether the investigation could be proceeding with Hampton as a target, Albregts responded, "It's in the realm of possibility. But if that's the case, I sure would be interested in finding out why."

Laura Sweeney, a Justice Department spokeswoman in Washington, would not comment on the investigation.

Without confirming specifics of the probe, Ensign said, investigators were "thorough. They investigated everything. They were complete, that is all I can tell you. They went through everything. They were exhaustive."

Citizens for Responsibility and Ethics in Washington, a watchdog group that filed complaints against Ensign and urged that he be prosecuted, said the Justice Department "chickened out" by halting the probe.

"It is a sad day for America when the Department of Justice declines to take action against a senator who has violated the law as blatantly as Senator EnSign," said Melanie Sloan, CREW executive director. "The department had abundant evidence, including witnesses who could testify regarding the senator's criminal conduct, yet failed to act.

"Exactly what will a politician have to do for the Department of Justice to sit up and take notice?" Sloan said in a statement. "The department might as well disband the Public Integrity Section for all the good it does. This is not the kind of change we signed on for."

Kirk Lippold, a Nevada Republican who briefly considered running for the Senate this year and has been mentioned as a possible candidate in 2012, also registered unhappiness.

No matter the Justice Department decision on EnSign, "it does not excuse his behavior," said Lippold, a retired Navy commander who was the commanding officer on the USS Cole when it was bombed by al-Qaida in Yemen In October 2000.

"I still believe his actions are beneath acceptable standards for someone serving in the United States Senate," Lippold said in a statement.

Ensign, who has said he plans to run for re-election in 2012, said that on hearing the news, he first told Senate Minority Leader Mitch McConnell, R-Ky., and also Sen. John Cornyn, R-Texas,

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who is chairman of the Republican Senate campaign committee.

"I just wanted them to know because this is good news," Ensign said.

He had yet to tell fellow Nevada Sen. Harry Reid. Reid did not respond to a request for comment.

Cornyn did not comment Wednesday, and McConnell's reaction was brief. "I am sure Senator Ensign was pleased by the announcement," he said.

Last month, the FEe dismissed a complaint against Ensign pertaining to a $96,000 payment his parents made to the Hamptons in late April 2008, as they were leaving Ensign's staff.

Doug Hampton described the payment as severance for his wife, which triggered a complaint that it was an unreported and illegal campaign contribution to Ensign. The FEC said evidence supplied by Ensign's family backed their contention that it was a legal gift.

In a revelation forced by a furious Doug Hampton's attempt to leak the affair to Fox News, Ensign in June 2009 acknowledged the relationship took place over nine months, from December 2007 to August 2008.

That began his descent from a rising star in the Republican Party to a back bencher who reportedly was shunned by colleagues. In Nevada, close friendships with political associates were ended, and Republicans said he was rarely seen at party functions.

Ensign maintained he had patched up his family relationships and apologized for the affair while denying any wrongdoing. He stepped up his public appearances over the summer, leading to his confirmation last month that he planned to run for a third term in the Senate.

A statement from Ensign's office Wednesday reads as follows:

"Senator Ensign is certainly pleased that the Department of Justice no longer views him as a target in their investigation, and has long-stated that he acted in accordance with the law. Our office and the Senator have been cooperative with this investigation, and it's important that the truth in this matter is finally coming to light. It is the Senator's hope that the Ethics Committee soon follows suit. Senator Ensign looks forward to continuing his hard work on behalf of the people of Nevada."

contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760. Contact Jeff German at jgerman@review journal.com or 702-380-8135

Find this article at: http://WNW.lvrj.comineVvS/ensign-says-he-is-no-longer-target-of-investigation-111140054.html

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Page 1

Lexlst-lexis"

10flDOCUMENT

Copyright 2010 Capitol News Company, LLC All Rights Reserved

Politico. com

December 1,2010 Wednesday 4:15 PM EST

LENGTH: 662 words

HEADLINE: DOJ drops Ensign investigation

BYLINE: John Bresnahan, Manu Raju

BODY:

Sen. John Ensign says he'll not face federal charges from a Justice Department investigation into his extramarital affair with a former campaign staffer, a surprising announcement that may have a big impact 'on his 2012 reelection prospects.

Ensign is still being investigated by the Senate Ethics Committee over his affair with Cindy Hampton, his former campaign treasurer. Doug Hampton, her husband, was serving as Ensign's deputy chief of staff when the affair began.

Both Hamptons left Ensign's payroll in April 2008, and they eventually sought millions of dollars in payments from the Nevada Republican. And Ensign's parents, who are wealthy casino owners, gave $96,000 to the Hamptons and their children.

Doug Hampton has publicly declared that Ensign promised to find him lobbying work after he left the senator's office. Such an action could have violated the one-year lobbying ban imposed on senior congressional aides once they leave Capitol Hill.

An end to a federal criminal probe would be a huge plus for Ensign, who was forced to resign from the Senate GOP leadership following his decision to go public with the affair before the Hamptons exposed it.

The Justice Department's investigation included probes of Ensign's interactions with Doug Hampton after he left the senator's office, as well as Ensign's activities as chairman of the National Republican Senatorial Committee.

"Sen. Ensign is certainly pleased that the Department of Justice no longer views him as a target in their investigation, and has long stated that he acted in accordance with the law," Ensign's attorney, Paul Coggins, said in a statement.

"Our office and the senator have been cooperative with this investigation, and it's important that the truth in this matter is finally coming to light," Coggins added. "It is the senator's hope that the Ethics Committee soon follows suit. Sen. Ensign looks forward to continuing his hard work on behalf of the people of Nevada. "

Justice Department officials declined to comment on Wednesday.

The decision by Justice not to bring charges against Ensign was first reported by the Las Vegas Review-Journal.

After spending hundreds of thousands of dollars of his campaign cash to pay his legal bills, Ensign can now focus on replenishing those funds for his reelection campaign for a third term. He had only $280,000 in his account at the end of September - and faces the serious risk of a challenger. Rep. Dean Heller (R-Nev.) is one of several candidates who have signaled an interest.

Page 2

DO] drops Ensign investigation Politico.com December 1,2010 Wednesday 4: 15 PM EST

"Mainly what I've been focusing on is earning people's trust back in Nevada, getting around the state and doing my

job," Ensign told POLITICO last month. "We've been planning on it for quite some time."

Ensign said he's not worrying about how his legal problems might affect his chances for reelection. "All I can do is just do my job and present my case to Nevadans, and see what they' think," he said,

Ensign has never been close to the party establishment in Nevada - and it remains to be seen whether he can resurrect ties with his party that all but abandoned him in the aftermath of the affair.

Still, some early polls have shown promising signs for him.

Soon after the election, Public Policy Polling released a survey that found Ensign leading Heller by 8 points, 45 to 37, in a head-to-head matchup. The poll also said that Nevada Lt. Gov. Brian Krolicki would lose a primary to Ensign by 28 points, and that 64 percent of GOP respondents viewed the senator favorably,

But it remains likely that other challengers might emerge - forcing Ensign to run against several candidates, Republican leaders in Washington have kept their distance from Ensign since his June 2009 admission, which forced him to relinquish his No.4 spot in the Senate leadership and give up any hopes of running for president in 2012,

And it's unclear whether he'll win new support from his colleagues with an Ethics Committee investigation still hovering over him.

LOAD-DA TE: December 2, 20 I 0

EXHIBIT D

U.S. Department of Justice

Federal Bureau of Investigation

Washington, D. C 20535

December 22,2010

MR,ADAMJ,RAPPAPORT CITIZENS FOR RESPONSIBILITY

AND ETHICS IN WASHINGTON SUITE 450

1400 EYE STREET, N,W, WASHINGTON, DC 20005

FOIPA Request No.: 1159012- 000

Subject: ENSIGN, JOHN (INVESTIGATION BY DOJ/FBI CONCERNING EXTRA-MARITAL AFFAIR AND ALLEGED CRIMINAL ACTIONS)

Dear Mr. Rappaport:

This acknowledges receipt of your Freedom of Information Act (FOIA) request to the FBI for records pertaining to John Ensign, The FOIA number listed above has been assigned to your request.

Disclosure of most of the records you requested could constitute an unwarranted invasion of the privacy of third party individuals. Access is denied pursuant to exemption (b)(6) and/or (b)(7)(C) of the Freedom of Information Act (FOIA) unless you can obtain the notarized authorization of the third party individuals involved and furnish the original of such authorization to us,

The collection, maintenance and disclosure of the records to which you seek access, like the records of all Federal agencies, are governed by the provisions of the Privacy Act (5 U,S.C. 552a), This Federal law prohibits disclosure of such records in the absence of written authorization from the individuals to whom the records pertain, unless, among other things, disclosure is required by the FOIA.

The records you have requested contain other information generally available to the public,such as court records, newspaper clippings, official publications, etc, If you request in writing copies of these records, we will release them to you,

You may file an appeal by writing to the Director, Office of Information Policy (OIP), U,S.

Department of Justice, 1425 New York Ave" NW, Suite 11050, Washington, D.C, 20530-0001, Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Number assigned to your request to facilitate its identification.

Very truly yours,

David M, Hardy

Section Chief,

Record/I nformation Dissemination Section Records Management Division

u.s. Department of Justice

Certification of Identity

Privacy Act Statement. In accordance with 28 CFR Section 16.41(d) personal data sufficient to identify the individuals submitting requests by mail under the Privacy Act of 1974,5 U.S.c. Section 552a, is required. The purpose of this solicitation is to ensure that the records of individuals who are the subject of U.S. Department of Justice systems of records are not wrongfully disclosed by the Department. Failure to furnish this information will result in no action being taken on the request. False information on this form may subject the requester to criminal penalties under 18 U.S.c. Section 1001 and/or 5 U.S.c. Section 552a(i)(3).

Public reporting burden for this collection of information is estimated to average 0.50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Suggestions for reducing this burden may be submitted to Director, Facilities and Administrative Services Staff, Justice Management Division, U.S. Department of Justice, Washington, DC 20530 and the Office of Information and Regulatory Affairs. Office of Management and Budget, Public Use Reports Project (1103-0016), Washington, DC 20503.

Full Name of Requester 1

Citizenship Status 2 Social Security Number 3 _

Current Address _

Date of Birth Place of Birth _

[ declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that I am the person named above, and I understand that any falsification of this statement is punishable under the provisions of 18 U.S.c. Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years or both. and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of 5 U.S.c. 552a(i)(3) by a fine of not more than $5,000.

Signature 4 Date _

OPTIONAL: Authorization to Release Information to Another Person

This form is also to be completed by a requester who is authorizing information relating to himself or herself to be released to another person.

Further. pursuant to 5 U.S.c. Section 552a(b), I authorize the U.S. Department of Justice to release any and all information relating to me to:

Print or Type Name

1 Name of individual who is the subject of the record sought.

2 Individual submitting a request under the Privacy Act of 1974 must be either "a citizen of the United States or an alien lawfully admitted for permanent residence," pursuant to 5 U.S.c. Section 552a(a)(2). Requests will he processed as Freedom of Information Act requests pursuant to 5 U.S.C. Section 552, ruther than Privacy Act requests, for individuals who arc not United States citizens or aliens lawfully admitted for permanent residence.

3 Providing your social security number is voluntary. You are asked to provide your social security number only to facilitate the identification of records relating to you. Without your social security number, the Department may be unable to locate any or all records pertaining to you.

4 Signature of individual who is the subject of the record sought.

FORNI APPROVED OMB NO.1 103-0016 FXPIRr::$ 4131/G7

FO~\11l0J·3GI SEPT 0<

EXHIBIT E

1
2
3
4
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7
8
9
10
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35
36
37
38 RECEIVED FEDEROHAL IELECTION CO H SSION

ZlIO"AR31 AH 8: 18

CELA

FEDERAL ELECI10N COMMISSION 999 E StNIIt, N.W.

Wullington, D.C. 1101163

FIRST GENERAL COUNSEL'S REPORT

COMPLAINANT:

MUR: 6200

DATE. COMPlAINT FILED: lune 24, 2009 DATE OF NOTIFICATION: June 30, 2009 LAST RESPONSE RECEIVED: Aug. 18,2009 DATE. ACTIVATED: September 1, 2009

EXPIRATION OF SOL: Earliest April 7. 2013 Latest July IS, 2013

Melanie Sloan/Citizens for Responsibility and E.thics in Washington

RESPONDENTS:

Senator John Ensign

Michael ana Sharon Emrign Ensign for Senate and Lisa Uskcr,

as tnII:IUrerl

Battle Bom Paliuml Action Committee and Lisa LiIJgcr, as u.uurer

RELEVANT STATUrES:

2 U.S.C. § 431(8XA)(ii) 2 U.S.C. § 434{b)

2 U.S.C. § 441a

FEe Disclosure Reports

Senate Ymancial Discl081R Report

None

INTERNAL REPORTS CHECKED:

FEDERAL AGENCIES CHECKED:

I. JNTRQDUCIlQN

The aumplaint aad II1l\alld.td complaint filed by Citizens for Responsibility and Ethics in Washington ("CREW") allege that an April 7,2008, lrInIIfi:I' of money to Cynthia Hampton, then the treasurer of Ensign for Senate \the Committoej, the authorized campaign committee for

I c,abia lII8qJlml WIll .. nauter otliDlip for Smate ..t tbe BIItIII Bom PAC at Ibe time .. the PllDUIC1'Ib1lt iliac were made, but wu rcpbK:ad by Liaa l.iJker ill both positions.

2
3
4
5
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00
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0
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10
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12
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IS
16 MUR 6200 (Ensign)

Fint GeI1a'al CowIIeI'. Report Page 2 ene

Senator John Ensign, and the treasurer of Senator John Ensign's leadership PAC,2 the Battle

Born Political Action Committee. ("the PAC"), constituted a severance payment and was thus an

excessive and unreported contribution made to, and received by. the Committee and the PAC, in

violation of2 U.S.C. §§ 434(b)(3), 4418(8), and 441a(f). Michael and Sharon Ensign ("the

Ensignsj, psn:nta of Senator John Ensign, tnmsfem:d the money about a month before Ms. Hampton left ben- trv.m'el" pmdtious and ifrortly .ftll' the disclOBDrC of a peruonal rebdiomhip between SOD.DtaI ErlJign &lid Ms. HBapit1ll tii thr;ir mmUha. Suppl.-a1NJd (AIIVpl_ M 1·2. The trau.vlcr at i.wwc comisf.I of a 596,000 check from t. Ensigns' trust a.cccuDl m_ OoUt to iIie

Hampton family, iccludina Cynthia Hampton., her husband Doug. and two of their three children. Sa Committee Response, Exhibit A (copy of cancel cd 596,000 check).

The Committee, the PAC, and Michael Ensign filed largely similar responses. The responses assert that the transfers to the Hampton family were gifts from the Ensigns. not a

severance payment related to the termination ofCynlhia Hampton's positions with the

Committee and the PAC. See Ensign for Senate Response at 2-3. Battle Born PAC Response at

2-3, and Mic_l Ensign R.tAsponsc 112-3. The lesp0nse8 reate that the gifts wen: givm "out of conccm fCll." tbe wcllioobang of lq-tih.n= family muds" aftw the Ensfgm 1RJ"a infonnbd of the

17 relatiolliilip btmwa thsir BOIl and MI. Hampton. [d.

18 As w..~ di&:lll~ btIlow'. r.:4 baa=! on avaiIablr. m.."or::1I!i0il, it appears t1W til=: is

19 rcasan to bd;cvc that at lest part of the 596.000 transfer waa a severance payment to Ms.

20 Hampton, and thus was an excessive contribution from Michael and Sharon Ensign. Further, this

21 transaction wu not reported by the Committee or the PAC. An investigation into this mattc:r is

:z A IeIldIdrlp PAC iI. political ClJl.DlDittn I&t is cIirc:ctlY or iDdira.11y ~1iaIIed, ~ .,..intainc:d IX CODIrotled by a caudidaae or aD iDdividDal hoI.dIDa ftderaI office, but is DOt an IN1borizcd committee orb QlKtidatc or aL ... 'IIIb:t aud ia == .ftiJilbld nidi. aabarimd ~ flla cmfidate or ~1dIIIr.

MUR 6200 (EnsipI)

First General COIIDICI'I Rqlort Pili! l of 1&

warranted to resolve questions raised by the conflicting available infonnation. Thus. this Office

2 recommends that the Commission find reason to believe that 1) Michael and Sharon Ensign

3 made, and Ensign for Senate and Lisa Lisker, in her official capacity as treasurer, and the Battle

4 Born PAC and Lisa Lisker, in her OffICial capacity as treasurer. accepted excessive contributions;

5 and 2) that the Committee and the PAC failed to repon the contributions from the Ensigns. We

7

II.

FACTUAl, AND LEGAL't1ULYSIS A. Famual HlaWy

8

9

The initial com.plaint in this matter alleged that, according to news reports, Senator 101m

..... 10 Ensign paid Cynthia Hampton "an Wlknown amount of money out of his own pocket u a

11 severance payment" after the May 20, 2008, termination of her employment as the treasurer of

12 Ensign for Senate and as treasurer of Ensign's Battle Born Political Action Committee.

19 the Battle Born Political Action Committee and Lisa LiA\er, in her official capacity u treasurar.

13 Complaint at 3, se« also Jim Rutenberg and Steve Friess, Afttu ReJatioruhip, Senator Raigru

14 Leadership Job, NEW YORK TIMES, June 18, 2009 (Complaint Exhibit A). CREW alleged that

IS this Mseverance payment" was an undisclosed in-kinCl contn'bution trom Ensign to the Committee

11 and III undisclOlld and exccuive ill-kind contn'bution from Ensip to the PAC. Complaint at 4.

17 'fh.eJ1tf'cm, CIUiW's Dtiginal compltiBt alleged YioJatimIIDf'2 U,S.C. §t 434(b)(3)(A) ami

II 441.a(a)(l) by Ensign, E:!Wp for SmahI ani Liu.l..iaker, in her amcial capacity as tramm, alKi

20 u. at 3-4.

21 A supplement to the Complaint, following additional dctaila revealed in the preu. alleged

22 that, rather than the unquantUicd ''everance payment" from Ensign dilCUB8ed in the original

23 Complaint, it appeared that Ensign's parents, Michael and Sharon Ensign, made a tranlfer to

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Firat General Counael'l Report PlIgc4ofl!

Cynthia Hampton's family totaling 596,000 in April 2008, prior to her dismissal from her

treasurer positions in May 2008. Supplemental Complaint at 1. Of this 596,000, CREW alleges

that a portion was paid to Cynthia Hampton "as a severance payment for the loss of her positions

as treasurer," and "may constitute illegal excessive in-kind contn"butions by the Ensigns to both

Ensign for Senate and the Bartle Born PAC" in violation ol2 U.~.C. to 441a(a) and 441a(f).

SupplClllental CoR'lplaint at 2; 8I!B uUo Don Eggea and Chris Cillhlza., Ensip 's Part!1'..JM Made PayntJIIU to Mlstre.J8. Her Family. 'tV ASHINO'I"()N Posr, July 10, 2009 (SupplemeMlll Comp~ Exhibit A)3; At Karnc::n.1Ji/IOIY Clm"",, Back Aft.,. a BrMk. W ASHINOTON POST, July 1 S, 2.009 (Supplcmcntal Complaint Exhibit B). Further, the Supplement notes that neither the Committee nor the PAC reported receiving "any ... contributions from either Michael or Sharon Ensign." Supplemental Complaint at 2. The EggenlCilIizza article, Supplemental Complaint Exhibit A, questions whether "the 596,000 in payments to the Hampton family might be viewed as a way

around campaign rules that require reporting severance packages for employees." CREW therefore alleges that the Committee and the PAC'. failure to fcport the contribution was a U violation of2 U.S.C. § 434(bX3)(A).

16 The Committee. the PAC, and Michael Ensign filed very similar responses. Senator

17 Ensign and his mother, Sharon Ensign, did DOt respond, though each provided. a sworn affidavit

11 accompan~ the othar rc:apcDIU, The respor .. IbtI that Bnsip's lOOk ad t'ather ach

19 provided four manbets of the Hampton fiImily with a &ift of 512,000 (total gifts to a1Ch of the

20 four Hamptons were S24,OOO each. for a total of596,000 from Michael md Sharon Ensign).

21 Ensign for Senate Response at 2. The sift of596,000 was made in one check dated April 1 ,

, This W ASHlNOTON Posr artide repaISDi that tbc $96,000 wu diabuJvd m rriaht ICpIU"A'Ie c:hedu of S 12,000 ncb, ciliD& Paul CogiaI, Sea. Eaaip'. __,.. Id. That n'lpI'OICIItIdOe it ~ by Iba p1aI ftllease ~ IIy CogiDI oa July 9.2009 (rcftneuced It Supplemlml CompWnt at 1) uad by Emip. for 8eDaIc R.csponse Exhibit A (IIUp)' ortbc c:m:cblliD&le dIcck far 596,000).

MUR 6200 (Ensign)

Fin! General Counsel', Report PISC S of 16

2008. made out to Doug. Cynthia, and their sons, Brandon and Blake Hampton. Ensign for

2 Senate Response at Exhibit A (copy of canceled check). The responses state that the Ensigns

3 gave the gifts "out of concern for the well-being of long-time family friends" when the Ensigns

4 were informed ofthc relationship between their son and Cynthia Hampton. Ensign for senate

s Response at 2 and 3. The Ensigns wanted to give a 5100,000 gift, but instead gave $96,000

6

beclUII!: tMl nmltipb 512,000 giftc would fit wifttin tHe n'UlKimum pmrliLted tax-fr'R gift lL"!litu

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under IRS giS tax rulla. [d. at 3-4.

8

Both Michael and Sharon Ensign submitted sworn affidavits stating that they did not

9

intend the gifts to the Hampton family to be severance payments to Cynthia Hampton, and these gifts were part of a pattern of significant financial gifts from the Ensign family (largely from

10

11 Senator Ensign and his wife. Darlene Ensign) to the HamptODS over the years. See Parents'

12 Affidavits at TO 5-6,4 attached unsigned u Exhibits B and C to the Ensign for Senate Response.

13 and later filed in signed and 8wom form with the CommiBSion on August 12, 2009. The Ensigns

14 also state that neither their son nor anyone else asked. them to make these gifts. nor did the

IS Senator or anyone else sugest that these paymerrts should function IS sevenmcc payments to

1. C,...thia Hampton or &11:' husband Doug. Id, It 'lUt I. rll:so signed affidavit of JolmHmlisn. med

17 with tim CClllDlIDillinu em At¥ast II, 2089 (~), The n:8pOtaI ale usst dlat tke dl,.mm

11 that d1c FByuwnt Will a lCVarutCC payment to Cynthia IIamA1ml i:I "Belied by thR fact that thn

19 amount of the gifts would equal almost two fall years of Cindy Hampton's wary - an

20 excessively disproportionate amount that is not indicative of a severance package," Ensign for

21 Senate Response at S,

4 Micbm! ad SIIInm ....... aftkbrvitIare ... 11y jclil!llf;cal excqIt fOr additioalllallll!:ftai In Michael &sip'l affidavit reprdiDJ the metbod ofpaymr:m 6om. the family tnIIt, IDd will be rdem:d to u "Puen1I' AffiduiIa" ~vely.

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FirIt General Ccnmsel', Report Page Ii ofll

The responses sunnise that CREW and others were misled as to the source, amount, and purpose of the payments to Cynthia Hampton by the media's reliance on an anonymous

statement and a misquotation of Sen. Ensign's communications director, Tory Mazzola, when

Mazzola attempted to dispute media reporting discussing an aUeged severmcc payment. The

anonymous statement, included in the llticlc sttachcd to the Complaint as Complalnt Exhibit A

(rvfera:ed above), stated that IOmCOIRI clGH to ,thaJ l!nIign family IBid that the !onatOfl bad dilllCIOllCii the reWiolllhip to his mile md hili at1mIIUd CilalSeli.g with filii', aailJ tlmraa.fWC "dianUG.wd Ms. Ha.tnpt= am his poUDcal term with Ii &eVfJl'IlJU:e that •. paW hm hi.: awn pocket. It &1 Ensign for Senate Resptmse at 5,5 &ft also Complaint Exhibit A. Rcspomlents

state that the anonymous statement is directly contradicted by the sworn affidavits of the EnsigrtJ

and Senator Ensign. See Ensign for Smale Response at S.

The alleged misquotation of Mazzola occurred after his effort to clarify a disputed factual issue in a July 13.2009. article in the Washington Post. The Wuhington Post ran an article on

July 10,2009, that discussed the 596,000 transfer from Ensign's parents, but also stated "[tlhe

disclosure comes a day after Dougiu Hampton aIlcgad. that Ensign gave his wife a $25,000 scmnnDl paymart,·· SUpplr.RllRtal CompJ.aint Exhibit A. On July 13, a regular Washinpm

Pnltm~ 1.1&, LaDp. COiDidClltld.lhat "[t]hme'.1tiIl tka mEtter ofal alleged IDftl'lJlDIiii

payment to Cynthia Hampton by &11jn of at kut S2S,OOO. That paymeDt was not repadCd. II required by law, to tAo Federal Election Commission." AllCam.a1, 17Ie Sellate ~ Got Ta1etrI. and

Tlrtm SoiM, WASHJNOTON POST, July 13, 2009 (Ensign for Senate response Exhibit Q). Although the raponsc:s state that Mazzola contacted the Post to dispute the assertion that there

S T'bI tcIIpO_ iudica1e that dUa quote is from aD. .mjdmj6cd JuDe 21, 2019 NEW Yon TIMES anicle, but Iba quote it accuaIly &om tbc laue 18, 2009 NEw YORK TIMBS Irticle that WI Coa:.,Jaiut ExhIbit A.

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Firat General Counsel', Report Page7o( 16

was a separate severance payment, and that some portion of the 596,000 "gift" constituted a

2 severance payment, the responses asaert that the Post's reporting of the payment did not convey

3 that there was not a separate 525,000 payment, nor was any portion of the 596,000 transfer a

.. severance payment. Sa! Ensign for Senate's Response at 6-7, Battle Born PAC's Response at 6-

s 7.

Respondents also state that "the gifts to the Hamptons arc entirely consistent with the Ensigns' palIt p.ueru af gtIJDI'Osity - all of'lJbich accuram while Cil8!iy Hampton senId II Treasurer to thfJ Committee." Bzu!iF for Scmdc R~ at S. Rcspond.cnfls ilk:Wled gifts aDd financial support from Jolm and Darlene Ensign to the Hamptons dating back to 2004, im:ludiDj

a 2004 loan of 5 1 S,OOO that wu repaid without interest, a 525,000 loan in 2006 that was never

repaid., SIS, 170 in 2006 for private school tuition for the Hampton children, $4,500 for

counseling for one of the Hampton children, another $23,970 in private school tuition in 2007.

and a 520.000 loan that wu verbally forgiven. See Ensign for Senate Response at 3. The

Responses also note that prior to the ~96.000 transfer. Michael and Sharon Ensign included the Ha.-nptons in a 2006 Hawaiian ncatlon via pivate jet, which wm: also attended bylobn Rll~

Darl .. !nIip. &lid Glcir children. Id. Respondentl claim the v.Iu of thi. trip wu ova 530,000, l'tIrIPs.fD:' Affidavits at 'J5.6 CcanbiniDg 0.: magle!JrCViaus gift from Mi,dmtl DId

'1bc documcntatioD IIIJIPOI1iaI the claim that MichBlIDd Sbaroa EDaip provided the Hamptonl with this sift .ppeaa to llllablilh .-.1Od11 trip toGk p1acc., but cIoea DOt deady ~ that the pIRDII paid its coata. In Kct. thereUlO1IIe iDdicidOJl1bat Jolm B.attp, at ll:ufiDidally, iDcm'red lOme of_ COlts. For iDllmce,lD irMricc (or 59,,262.00 fiam veador Pure Ma1Ii ItIda "Bill 10: Jolm BDIipL. Sa Battle Bam PAC',lleIpooac Exhibit L A dJIrae fiJl'S9.262.00 hm PuRl MaW IIppCIIJ'I em • credit cud Itstemcnt, but the cardholder', DI.IDe bu bcaa n:dIctcd. Sa BaUIc 80m PAC'lllelpOIlIC Bxhibit It. A reuoaablc iaftn:Dcc can be dmm that this credit cud ltahiij.al Ddmwa .,o111lii1tfp. bu.. iii ~ CD ... _1IIIId dIawt,lbe ~ "'iN, iM", •• c:1III'p &. S.,.III.97 baa., ...... auut Sp.., MIIIi dIIm~ l\w IItr:a 27,2OGii. iii. AG'IfI!Ms_"" au.nry for tba flip, IiIe acalld Spp Ma.i WIlt ...... 1 ~ 101IIII_ SJn:ao ~ IIIId die IIiir:uptMaI, IIUt DDt by ~ and 8JIaIIiIl1aaip. &.1Idlc ]kc PAC'I Rapelee lishibit H. Plnrwb'y.1QmeOIII ill a!teDdIoce II tb: 4nI=K pat the aIIarp CIa Ida or .. credit cwd. fa.wn.. W"ac1v.eI aad ...... EDIigD w.we DOt liItr:d QIildld ~")t' as preMIIIIt It ray ot!:.lMIIIIlIII this trip. I".

MUR 6200 (Elllign)

fiflt Genc:raJ Counsel'. Report Page 8 ofl6

Sharon Ensign with the financial support from John and Darlene Ensign. the Responses assert

2 that the 596,000 transfer from the Ensigns to the Hamptons was merely one in a pattern of

.3 significant gifts from the Ensign family to the Hamptons. Battle Born PAC Response at 3.

4 The New York Times published an article on October 2, 2009, based on interviews with

s the Hamptons, in which the Hamptons described a plan that Mr. Hampton and Ensign worked on

6 in late February 2008 umler which !bJiJtl1rOuJd belp Dolll Plampton line up 10btJ,i!l-8 clifMtS iR

7 exnhangc for him leaving biojoll with Ensign's SCIIItc om-c. s.e Eric Lichl1tJau _ Eric

8 Lipten, SeMtnr's .J.1d Aft' RelIItiomhlp RtUs. Flip 0wIr Ethics, NEW YORK TIMBS, Octobdr

9 2, 2009 ("Lichtblau Lipton articlej

r'1 10 Chttp://www.nytimcs.c0m/2009/1QlO2lusipoliticsl02ensign.html? pi &scp=1 &sQ=Ensign'Vo20Ha

II mpton&st=cse , last visited January IS. 2010). This article states thai "[s]oon after [working out

12 the deal for Doug Hampton's new job]. Mr. Ensign called the Hamptons separately. Cynthia

13 Hampton. he said, would have to leave her $48,000 a year campaign job. while her husband

14 would have to quit as planned. But as severance. the senator said be and his wife would give1he

IS Hamptons a check for about $100,000. MI. Hampton ald." Id. at 6.

16 Linktxi to the onlinl 'NI'Iion ofthc Licirtblaa Liptcm artielt were imagca of doouments

17 that Jhe lfampUu tmnaI1 over to the New YOlk Tim .. On tbJ!, issue ofdItJ payment made to the

18 Hampton iunily, Mr. JiampIDn provided his DndwriUaJ. no_ from the phone call detailed

19 abclve. These no_ dated U4l2lO8" and written on Ensign office stationery, read: "Exit strategy

20 and severance for CindY. Exit strategy and acverance for Doug., Communication Plan for NRSC

21 and official office. NO CONTACT WHAT SO BVER WITH CINDY!" Lichtblau Lipton article

22 Exhibit 3. (bttp:!ldocumenta.nytimes,comIin-wake-of-affiUr-scnator-ensign-may-bavc-vio!ated-

23 an:ethica:law-2#lp=3 • last visited January IS, 2010) (attached here u Exhibit 1), Another

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First General Counsel's Report Pllge 9 erte

exhibit to the online article was a page ofhandwrittcn notes entitled "Record of discussions with

John Ensign. H This page details what Doug Hampton represents are notes from three phone

conversations with John Ensign on Aprl12. Notes of tile first call, which was at 9:40 a.m., include infonnation similar to that discussed above, and it appean to be the same phone call. The second call was at noon, and the notes detail further dtscuBBions of a plan for a new job for

Doug Hampton. including that'1w)e IiscuSftlt! timing of dep~ JE agr_ forma to stay on thru April- Bitter r.r cHeat building." The third cldl was at 7:30 p.m., ucith the notDs atm.g "John called asked if it was OK 10 Ib.., the outlirH:a af I, pIa. - Doug - 2 mn. ~

continue client building; - Cindy - 1 year salary; - Discussed gift rules and tax law; -- Shared a plan to have both he and Darlene write ck's in various amounts equaling 96K. - He asked if the offer was OK and did I agree -I laid I would need to think about [sic] and would get back with

him." Uchtblau Lipton article Exhibit S, Chttp;JIdocuments.nytimes.comlin-wake-of-affair-

senator-ensign-may-have-violatcd-an-ethics-law-2#p=S, last visited January IS, 2010) (attached

here as Exhibit 2). The article continued that "Mr. Ensign's lawyer in June [2009], however,

called the 596,000 payment that was ultimately made a tax-free gift from Mr. Ensign". parents to the Hamptons 'out of conCIIDJ m the well-being of longtime fsIIClily friends during a difficult

17 timm·H Lichtblau Upton article.

18 Mr. HB1ltptriln has raitarIted his I.Df2tian thu tl".: 596,000 paymtmt 'was ,I u.II'CllIIIIIlCC

19 payment. mOlt notably in a November 23,2009 interview on the television program 'Nigbt1ine'

20 and an accompanying article published on ABC News' website

21 (http://abcnewB.go.com{print?id~I40788, last visited on January 14,2010). In that article, the

22 payment was discussed 88 fonows: "Tbc BDsign family hu said the 596,000 was a gift and not

23 severance ... Hampton told 'Nightline' the opposite, saying it was 'crystal clear' that the $96,000

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IS MUR 6200 (Ensign)

Fint Gent'ral Counsel's Report Pile 10 ofl~

was, in fact, severance and not a gift. 'Crystal clear,' Hampton said. '1 took notes. I've shared

those notes. They're well documented. They were clearly what he deemed as severance .?'

B. Lepl Ana.yall

A third party's payment of a political committee's administrative expenses, such as the

salary of 8 political committee's employee, results in a contribution to the political committee. A "'umaibutidJ'l" it1Clu~ lJ!!y gift, tlUbscription. IC'tID. advance, or d8pOSit of money 0'1" Ulything or valUtllDade by any pWlIOn b the purpue i1finllwmtlng any elrctin., for fluin.1 office, ar

paymeat by Illy pcnon of CtiNIIptRlBltion for pGIBOI'Ul\ senic:a I'ClVMred by IIM'lther penon without charge to a political committee for any purpose. 211.S.C. § 431(8)(A).7 No person may

make a contribution to any candidate and his or her authorized political committee with respect

to any election for federal office that exceeds $2.000 (adjusted for inflation). 2 U.S.C.

§§ 441a(a)(1)(A). No person may contribute more than 5S,OOO per year to a leadership PAC, luch as the Battle Born PAC. 2 U.S.C. § 441a(a)(I)(C). Knowing receipt of any excessive

contribution is a violation of2 U.S.C. § 441a(f). Failure to report receiving a contn'bution is a

16 violation of2 U.S.C. § 434(b).

7 ,. CalJfo-iill MttJiaU A.uodatIoIt Ir. F.KC .• 453 U.S. 182, 199, fb. 19 (1981) (plurality opinion): [C]oatributiou for admiDiJlntivc IUppOI1 clearly fall within the lorts of doaatiou 1iInitcd by l44l1(IXIXC). AppcUlDla conteDd" however, tbatbcc:ause tbeac coDiributiODlIre eamarlc:td for admjniltrative aupport, they lack ID)' po1altW for conupti.ua tile political prvc:eu.. We~. Ifunlimitlld c:cmIribInI:i.o 1br tdonjnilltrativc Iuppo.rt Ire pamialiWc, iDdtviclldls IIIIIIfVIIPII ••• could completely domiDate the opcntticm IIId CODIribuIioa po1ieiel or indcpeDdent political commit=l.

While this quotISd IMp .. is froa dse IIdoIl of tile opiDioajuiDed by caJy • p11.11'1.lky 'af JUItic:eI, !Ie CODCUI1'lr.I opWou aDd tile m..t ctifttr fIom the plIIality OIl ott. am-k et c:oahd.iI:tory to .. positiOD takm _. h C4J. Med., 453 U.C.1t 201~i9 ...... , in ClIo ... ~ FtIIltnll ~ CnIur. v. F.E.e. leWD Juatica cbal to CGi.1tiI&, iDduiiII.I- pallioa CIiID:I b1I. bill pnlpOIiliu mt_ Court .. ~y ~ such CODIributioD limill to PAOI. SH CoIlwtItJo bpublIcfI1I FIIIlmII C4MpaIp Co-. v. F.E.C, 518 U.s. 604, 611 (1996) (phnlity opinion). aDd 518 U.S. It 628 (Juaticc~, CUer Juatic:c ltdmquiat, md Juatic:c Scalia (COIICIU:IiDa in du: judpImt aDd diaacDtbas in pm).

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If a portion of the money transferred by the Ensigns to the Hamptons paid administrative

costs of the Committee or the PAC, then the amount exceeding the contribution limits would be

an excessive contribution, and the failure to report the receipt constitutes a reporting violation.

See 2 U.S.C. §§ 441I{a) and 434(b). According to the Hamptons' assertions, Ensign obligated

himself, the Cormnittce, and the PAC to make a severance payment to Cynthia Hampton in

extImnse for her ICl!!VinS her jtIDs with the Cormnittee and the PAC. A Be9VRlllce payme..,t, by its nature. is a pavrnmt at the tiD~ nf a job tCl'lllitcllicm Ul! JDIlll1f udmy pD1YJKllts.1 Just In ihe

Cti1I!tlimiUcc and the PAC. prop8I'Jy paid.Cyn&hiaHamptcm's slary for hID' tt..uwmr jalu, ifshe

received Il 8CVeran~ paymc:at, such paymmt would be the responsibility of the Committee and the PAC, or if it was paid by a contributor, would have to be reported as a contribution and fall

within the contribution limits. See Cal. Merl., IUprG. (discussing administrative costs, which

include compensation for staff. as contributions ifpaid by a third party). If the infonnation that

the Hamptons have shared ,with the media is correct, a severance payment for Cynthia Hampton appears to be part of an effort to provide both Cynthia and Doug Hampton a measure of compenaatien for the loss oCtheir jobs - Ensign aided Doug Hampton in getting a new job, and ratbr than findibg CyIIthta lhmpton a new job, abe received a UA'eraaD paynumt.

Thare ~ to be & qwlStion of fact as to .rhJtlllII the payments to tho lImn.ptm1 ilmily com.titmal seveAlllCe. The respcmteI ud affidavits deny iD.It the paymmt til the HDmpWD family constiblted BeVer&JK:e. See Ensign fbI Senate RespoOle at 1, 4-S; Battle Born PAC Response at 1,4-5; Parenta" Affidavits at" 6, 8. Further, the Responses ofthc Committtlie and the PAC directly deny that the monics traDI.ftm:ed to the Hampton family by Ensign'. parents

• Mbriam Webi1a". cmliae ~ defiDeI ~au.e pIly" u "an alJ.awIu:e ..any Iaad OIl ~ of ac:rva that is payable to 1ft emplO)'CC on tenninatioa ofemp1oymeDt." See hUp:/lwww,JJJCJJjImMBl;;rwXdllnc:.ulJlI!I:ntlW (Jut vili.b:d J.awJ 26. 20 1 O},

MUR 6200 (Ensign)

First Oc:nenl Counsc:l'lllcport Page 12 of US

were related to Cynthia Hampton's employment. ''nor were they related to any expense or debt

2 that the Committee would have otherwise incurred." Ensign for Senate Response at 7; Battle

3 Born PAC Response at 7. While in the October 2 New York Times article the Hamptons

4 represented that they were originally told that they would receive money directly from Ensign as

s severance payments to Cynthia Hampton, Ensign ntvcr transferred money directly to the

6 HUlptolllB dbriq this )miod. ae Licht_blaa Lipton .ticle. bt addItion, the re&pOlIICI ~e thtit

7 the 11110_ of the payroant truWa it an urdikr:ly !ICVCIIlJInIIe JHlymeut (.Me .IIlJlI'.:Q II S-6 a.M EnsiIlP

8 far Senate RespoIlH at S).

9 On the other hand, the Hamptons have alleged that Ensign promised them scverance

10 payments equal to a year of salary for Cindy Hampton (Plus additional payments for Doug

11 Hampton) in exchange for leaving her jobs after her improper relationship with Ensign became

12 known to both families. See Complaint exhibits, supra, Lichtblau Lipton article, supra, and

13 Nightline program and ABC News article, SllpTtJ. M represented in Doug Hampton's notes, it

14 appears that the alleged severance payments that Ensign offered were very detailed. Hampton's

IS notes inctude that on tM day that Ensign ftnrt sugt:lltdS this se\'mGl" plan, he diacus~ a

16 596,006 fip..~ and tM DIIIId to c.mply with gift bIK laws. Buign's f'JlM'Ills made a P3'!!lent of

17 596,000. in a fallhiau that DIIDpficd .. lib IRS lift tax lun, five dlya after tim Apd12, 2008.

18 phone l1li1. While the CDl1\1W.U.ae and the PAC eou.1d hIivc paid sevc:m.a= to Cynthia 'BIrnJptan

19 without regard for the contribution limits, the Ensigns. in making the payments en their own.

20 would have been required to limit their contributions to the Committee and the PAC to the

21 maximum allowable 2008 contribution of $2,300 each to the Committee and $5,000 each to the

22 PAC. The $96.000 payment therefore could be an excessive contribution from the Enligns of as

23 much IS $81,400, ($96,000 - $14.6(0), in violation of2 U.S.C. §§ 441a(a)(1)(A) and (e). and the

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Committee and the PAC's receipt of these excessive contributions would be a violation of

2 U.S.C. § 441&(0.9 Similarly, if the payment constituted severance. it appears that the

Committee and the PAC would have been required to disclose such excessive in-kind

contributions on ita contributions and expenditures schedules in accordance with

11 C.F.R. § 1 04. 13(a), and the failure to do 10 would constitute a violation of2 U.S.C. § 434(b).

Given that the Ham~' des(niption of til. factl1lJlf*ll. to R SllPPOrt..ed b,

may have been 8eV1l'DCC il'lollarllfpart of a J.unra of &ivina 11; tW= HImp)m·.s. ~,any pattern of givina to the Hamptons appeare to han bctm made by thr. Senator and his wifc..-lI8t

the Senator's parent&-who appear to have given all the prior gifts except the trip to Hawaii. With respect to the trip to Hawaii, there is infonnation that sugges1s that the Senator and his wife may have paid some of the expenses associated with that trip 88 well. 10

The conflict between the Hamptons' rqm:sc:ntatiOD of the events leading up to Cynthia

Hampton"s departure from her jobs and the respondents' explanations of the purpose of the

payment suggests that an investigation is W'IUT&Iltcd to determine whether the Bnsigns violated

'Thete are some ~ diatiDctiolll betw=l tbD mat= IIIId previouI Commjuioa matters iDvoIviDs pPmtaJ sifts to c:udidaJa, 1ft, f!.g., MllR .sU8 (PIIg1IIIql)' MTJR..s321 (JUICt 1loSt), lruR srn (F.~). mI MUll 6104 (Moatapno). Pint, in these "pueDtaJ &ift" cuea. the Commiuion coDlidered 'WbcttIa' the Jifta from. pan:ot to a c:hilcI wbo wu alIo a CaDdidatr: 'M:RI the ancMasc'a pcIIODIl fimdI or ex=IIive coatributioDI to the child'. c:&qJaip by eumirring whetbet'there was a previoua1y exiatiDa pattaD of siviDg from the pa'CDta to the c:adidatc. S. 11 C.lA III O.IO(bXl) ("pMIMt1 ftmdI· m ·Iifb r4" paIIICl DItUrC ,.:Iaidl bad bID custlmlalily m:eivcd prior to Ihe 'bqjaDiDa of the c1ectioD cycle"). The nIIP' ....... atIImIpt to IJIdIblWi.a pA1tI:m of givina rra. the BDIip family to the Haq:tuua, but aD but ODe of 1be prior &iftI ~ made by abe SeDator &ad his wiA:, DOl his parcu!L ScCODd, DODC of'tha pall CUllS appom to bmt involved pImdII1 baoefita puvidcd to • caadid"",·. Icadcnhip PAC, &ad Cvctll canctjd.ect• COIIDibutioDl to hi. or her Jc.dcnbip PAC an: IIlbjcct to Iimitatioaa. 8ft

2 U .s.C. f 441~aX 1 Xc). Third, the iDI1IDt JnIttc,f prcICDtI diac10IUre faiIa.ra DOt preICIIt in the other matta'I. AA the plymmt from Emip'. ~ "-:111 CyDtbia S..,. tDd her tlmil7, DDt b l!IIdp, md dillIII't .... tJauah ~- uccraII at Iq' poiIII. taialDlUa' is elM .... pd-..a--": at., paIIIt 'MR..,' traDIIIlIiIiIm 4IiiIIcioIcd. ilad tbll'bIItpa p.a iMb' .... ftDk to ,in to billUdmri* c.·.ittec to JIIIV CJIllbia H .... 1l1D 1I111pd .nur:e, dIi3 pa~"'" 1IIve.,... n:pIItId l1li ...... l1li ~

10 See footnote 6 (iDfGl'l'l'ation pJ'OYidri by lJIIioudcsU IU8ICftSI SaIaQ iaaqpl may have paid IIPD,io-ty S 1 O,soo of tbia amaam.)

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MUR 6200 (Ensian)

First General Counsel's Report Page 14 of 16

the Act by making excessive contributions, and whether the Committee and the PAC violated the

Act by accepting them and failing to disclose them. Thus, this Office recommends that the

Commission find reason to believe that Michael and Sharon Ensign made, and Ensign for Senate

and Lisa Lister, in her official capacity as treasurer, and the Battle Born Political Action

Committee and Lisa Uskcr, in her official capacity .. treasurer, received excessive

contributions; and that the Ensign Ibr Senate Commiftee and the Battle Bam Politiual Actien Comaittec faib1 tel disai1IS1' the DCIltributions. We I'OtDlDIIIlIld thtt the Commission taDDD

acaon at ~ time as to Smmtor BMilPl because the information abQW8 that tac p8uaUt1, not ttre

Senator, rnad!t the 596,000 payment, and we need to investigate the circumstances ofthis

payment. Thus. we also recommend that the Commission pursue an investigation into this

matter.

22 Tbcrcforc, we recommend that tho Commisaion

23 authorize the use of compulaoty procea.

I
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3
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46 MUR 6200 (Ensign)

Fint General Counsel', Report Page 1!5 of 16

IV. RECOMMENDATIONS

1. Find reason to believe that Michael and Sharon Ensign violated 2 U.S.C. §§ 441a(a);

2. Find reason to believe that Ensign for Senate and Lisa Lisker, in her official capacity as treasurer. and the Bittle Born Political Action Committee and Lisa Lisker, in her official capacity as treasurer, violated 2 U.S.C. § 441a(f);

3. Find reuen to believe Uw Ensign for SCI1&'te and Lisa Lisker, in her official capacity as treasurer, and the Battle Born Political Action Committee and Lisa Lisker, in her offici:lt c:apatfly as trIBIunr, vioJ.a1l\l211.S.C. § 434(b);

4. Talcc: no ar.tion lit this time sa to ScnaIor John Ensign;

S. Authorize the WK: ofcompu1lory proccsa as to all Respondents and witnesses in this matter, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, U necessary;

6. Appn7Y'C the attached Factual and Legal AmIlyses;

7. Approve the appropriate letters.

Thomascnia Duncan General Counsel

BY:~

Deputy Associate GenCral Counsel

Date

<Wx~

Peter G. Blumberg

Aasistmt General Counsel

~~-mou~

Audra Halo-Maddox

Attorney

Attachments:

MUR 6200 (Ensign)

First General Counsel's Report Page 16 ofl6

2 J 4 S 6

EXHIBIT F

Fredmdc P, Fidt !8SS-19)O

W,K.RichanIson 11s9"1!n1

ATLANTA

AUSTIN

'On-ON

HOUSTON

"CHICH

HRW"IlAIr:

IAII DllGO

SlUCOH VALL!Y

TWill CITIES

Y"IHINCTIlM. DC

.. .P.ECEIYEO

F R FaD8~~LElrC~ON

ISH & ICHAR~~:?6~' '

2009 ~UG 17 P;': 12: C3

August 11,2009 OFTICf. O,~ C' -:-: :~H;\L

C'~I ;'.1· I

VIA U.s. POSTAL SERVICE '" ...... ~ - 4..

f717 MuN Snu:r SlII'TI!: SOOO DALI.AS, TlXAS 75101

Tdcphonc 1~ 747-5"70

Faaimuc :U4747-W91

WcbSi[C VrWWSr.com

Mr. Jeff S. Jordan Supervisory Attorney

Federal Election Commission 999 E Smret, NW Washingtnn, DC 22210

ChN K. Gober

Re:MUR6200

Dear Mr. Jordan:

Battle Born Political Action Committee ('1he Committee"), through counsel,

hereby responds to the complaint filed by Citizens for Responsibility and Ethics in Washington and Melanie Sloan (collectively "CREW"). This matter arises from the $12,000 monetary gifts that Michael and Sharon Ensign each provided to Doug Hampton, Cindy Hampton, Brandon Hampton, and Blake Hampton on April 7, 2008

("the gifts"). Contrary to the hearsay and other innuendo forming the bases of

CREW's complaint, the gifts were not related to Cindy Hampton's employment by

the Cc:tmmhtee, nor \VeRI they related to any expense Dr debt that the Cammittee

would have otherwise Incurred, Thus, the Committee respectfully urges the Federal

Election Commission ('1he Commission") to reject CREW's allegations and dlsmiss

this matter in its entirety.

I. PROCKpURALBACKGROUND

The Committee received the complaint designated as MUR 6200 on July 6,

2009, and was subsequently granted an extension to file a response on or before

August II, 2009. The Committee received a supplement to the original complaint on

July 24, 2009.

Prula-idt 1'. Fish 18SS·1910

WoK. RichardMn 18~9·19S1

ATLANTA

AVSTlIt

FISH & RICHARDSO N P.C.

n. FACTIJAL BACKGBQUNY

On April 7, 2008, Michael and Sharon Ensign each made gifts to Doug

Hampton, Cindy Hampton, Brandon Hampton, and Blake Hampton in the form of a

check totaling $96,000. EXHmlT A. The gifts, made out of concern for the well-

. being of long-time family friends, were purposefully limited to '$12,000 each to comply with the applicable tal. laws governing giftn. SEE EXHlBlfTS B AND C.I

CREW has challenged Michael lAd Sharon Ensign's intent in making these gifts,

however, by summarily alleging :hey were motivated by Cindy Hampton' s previous

employment by the Committee. CREW's allegation is without merit and unsupported

by any credible evidence. Nonetheless, should the Commission question the stated

.OSTON

OALLAS intent of Michael and Sharon Ensign's gifts, then the following facts may be relevant

to the Commission's analysis:

• Michael and Sharon Ensign are the parents of Senator John Ensign.

• Cindy Hampton had been a close personal friend of Senator Ensign and his wife for more than 20 years, and the Ensign and Hampton families had a close personal friendship during that time. Seeator Ensign and his wife tile the godparents for the Hampton children.

• In 2004, Doug and Cindy Hampton moved to Las Vegas, blevadn. Shertly thereafter, Ciudy Hampton began working as the Assistant Treasurer for Ensign for Senate and Battle Born Political Action Committee. She became the Treasurer for Ensign for Senate on January 31,2007, and the Treasurer for Battle Born Political Action Committee on February 12, 2008.

• In November 2006, Doug Hampton began workinc for Senator Ensign's official office.

• In addition to working taBether, the &5ign and Hampton families spent much of their personal time together. This personal time included weekly Sunday meals and vacationing together.

I Sworn origiJl8ls nf Exhlliits B, C, and 0 will be transmitted under leplU'llle COVCS'.

MUR 6200: REsPONSE OF BAlTLl!. BoRN POLITICAL ACTION COMMIlTEE

PAGE 20)"7

HOIISTON

MIINICH

NS" '"ou:

IAN DIRGO

SILICON V"LUY

TWIN Cll'JES

WASHU'CTOli. DC

Frcduick P. rub 1855'1930

ATLANTA

AUSTIN

BOSTON

DALLAS

DBUYAll£

HOUSTON

IIUN1CH

NZ'" YOaE

IAN DIBCO

IlLICON VALLEY

TWIN CITIBS

YASHINIiTON. DC

FISH & RICHARDSON P.C.

• Due to the personal relationship between their families, as well as the Hamptons' financial difficulties, the Bruriglll herl prnvidad die Hamptens with more tlnm $130,000 in firnmcial assistance prior to the affair between S.enator Ensifill and Cindy Hampton. Specifically:

1. On or about November 28, 2004, Senator and Darlene Ensign gave Doug Hampton a $15,000 unsecured loan that was eventually repaid without interest. ExHIBIT D. The loan was provided to the Hamptons so they could refinance their home.

2. On OIl aUoot April 20, 2006, Senator and Darlene Ensign paid $600 for education expenses for the Hampton children. ExHIBIT E.

3. On Of about July 11,2006, Senator and Dazlene Ensign gave Doug Hampton a $25,000 unsecured loan that was never repaid. ExHIBIT F. The loan was provided to the Hamptons so they could refinance their home.

4. On or about September 5, 2006, Senator and Darlene Ensign paid $15,170 for private school tuitien for the Hampton children, EXHmlTS G AND E.

5. Michael and Slunon Emlian paid for the cmtUe Hampton funtily to vecatice in Hawaii fmm December 26, lOO6, to Janunry 2, 2007. which included their flights on a private Gulfstream 4SP jet, a rental home with its own private 9- hole golf course, food. and recreational acnvitiea. EXHmrrs H, I. J, AND K.. The total cost of the vacation that could be allocated to the Hamptons was at least $30.000.

6. On or about January 29, 2007, Senaror and Darlene Ensign paid $4.500 for counseling for oae of the Hampton children. EXHIBn'L.

7. On or about July 17, 2007, Senator and Darlene Ensign paid $23,970 for private school auition for the Hampton children. EXHIBITS M AND N.

8. Although the exact date is unknown, but prior to the affair. Senator and Darlene Ensign gave Doug and/or Cindy Hampton a $20.000 unsecured lrun that was eventually forgiven verbally by the Ensigns.

9. On or about February 4. 2008. Senator and Darlene Ensign paid $550 for books lind private school activities for the Hampton children. EXHIBIT B.

• After Seneeor Hnsign told his parents about the affair. Michnel and Sharon Ensign decided to make gifts to the Hampton family. who had been family friends for more than 20 years.

• Michael and Sharon Ensign wanted to bestow gifts totaling approximately $100.000; however. the total amount was reduced to $96.000 SO the gifts could be

MUR 6200: REsPONSE OF BAT1l..E BoRN PoLmCAL ACllON COMMITI'EE

PAGE30F7

Pralttidt p. Pish 1855-19)0

"rUNTA

AUITrN

DALLAS

DIUYUB

HQusrO)l

MUNICH

HZW yoal[

IA)I DIEeo

SILICON VALUV

T'lfltl CITIBS

WASHINGTON. DC

FISH lie RICHARDSON p.e.

broken down into simple $12,000 increments to comply with applicable gift tax laws.

• Senator Ensign did not request that either Michael andlor Sharon Ensign make the gifts to the Harnptons, nor was there any discussion with Michael and/or Sharon Ensign that these gifts would function, either in form or substance, as a severance payment to Cindy or Doug Hampton.

• In April 2008, Micfltlel Ensign iastrueted his Chief Financial Officer ("the CFO") to make the gifts, totaling $96,000, to Doug, Cindy, Brandon, and Blake Hampton from the Emiga 1993 Trost. Michatli (tnd Shtcon Ecsigu are the sole trustees of the Ensign 1993 Trost.

• According to the CPO, Michael Ensign did not provide further explanation for the gifts, other than they were gifts.

• The CFO maintained a record of the gifts in a file detailing all gifts made from the Ensign 1993 Trust The gifts were also recorded in a ledger detailing all gifts made from the Ensign 1993 Trust. According to the CPO, there was "nothing out of the ordinary" abDut Michael Ensign's request, and it is typical fOJ: Michael Ensign UI request payments in $12,000 inorements when he is making a gift. The CFO was not awure of the affair between Senator Ensign and Cindy Hampton until June 2009.

• The CPO prepared and signed the check. which was dated April 7, 2008.

ID. LEGAL ANALYSIS

Simply stated, this matter boils down to a private, personal issue between the

Ensigns and Harnptons that does not implicate the Federal Election Campaign Act of

1971, as amesded ("the Act"). This cenclusion is corroborated by the demonstrated

pattern of generosity and financial assistance provided by the Ensign family to the

Hamptons, as well as sworn affidavits confirming Michael and Sharon Ensign's

underlying intent in making the gifts. SEE Exararrs B, C, AND O. In contrast, CREW

alleges the gifts constituted "a severance payment for the loss of her positions as

treasurer of both Ensign for Senate and the Battle Born Political Action Committee"

based upon the following "evidence"; (1) the circumstantial fact that the gifts were

made in April 2008 and Cindy Hampton left her position as Treasurer in May 2008;

MUR 6200: REsPoNSE OF BATI'LE BORN PoLmCAL ACllON COMMITJ'XE

PAGE4oF7

ATLANTA

Auntlf

.OSTON

FISH tIC RICHARDSON P.C.

(2) a newspaper quote from .an anonymous source; and (3) a misleading "correction"

by the Washington Post

Contrary to CREW's allegations, the proximal timing of the gifts and Cindy

Hampton's departure as treasurer for the Committee is purely circumstantial. Indeed,

CREW's suggestion that' the gifts were severance to Cindy Hampton is belied by the

fact that the BIIHltmt of the gifts weald equal almost two fuU yean of CflBdy

Hampton's saLvy-an excessively disproportionnte runount that iii Bot indicative of a

severance package. Furthermore, the gifts to the Hamptons are entirely consistent

with the Ensigns' past pattern of generosity-a11 of which occurred while Cindy

DALLAS were no more related to the Committee's operations than were the Hamptons' Hawaii

Hampton served as Treasurer to the Committee. Michael and Sharon Ensign's gifts

D8LAWARB

HOUSTON

MUNICII

NEW YORI:

SAil DraGO

SILICON VALLEY

TWIN CITIES

WASHINGTON, DC

vacation, the children's private school tuition, or the unrecovered loans to refinance

the Hamptons' house.

CREW also relies upon a second piece of "evidence" to support their

allegations-an anonymous statement printed in the New York Times on June 23,

2009. The statement reads: "A person olose iD Mr. Ensign's family, who spoke only

on condition of anonymity, said the aenotor had confessed the affair to his wife many

months ago and, upon reconciling with her and attending counseling, dismissed Ms.

Hampton from his political team with a severance that he paid from his own pocket."

The statement is clearly inaccurate, as the payment carne from Michael and Sharon

Ensign, not Senator Ensign. Furthermore, this demonstrably inaccurate hearsay is

directly contradicted by the only credible evidence before the Commission-the

sworn affidavits of Michael Ensign, Sharon Ensign, and Senator Ensign. While the

MUR 6200: REsPoNSE OF BATl'LE BORN PoLmCAL ArnON COMMITI'EE

PAGE50F7

Frederidc P. Fish r!lfS-1930

WK. Richardoen 1859-1951

ATLANTA

AUITIN

FISH &: RICHARDSON P.C.

Commission is not governed by the Federal Rules of Civil Procedure, it should not

ignore the underlying rationale for the hearsay rules.

Finally, in a supplement to the original complaint, CREW attempts to bolster

their allegations with a Washington Post correction stating: "Also, his office says that

the alleged $25,OOO~plus severance payment to the Hamptons that some critics had

questioned is part of the generous $96,006 gift Ecsign's plBrents lkcitied to give the

Hamptons." As explained below, the.correction misquotes <me of Senator Ensign's

representatives.

Following Paul Coggins' statement on behalf of Senator Ensign on July 9,

2009, attached hereto as Exhibit P, the Washington Post incorrectly insinuated that

DAL..... Senator Ensign made a $25,000 severance payment to Cindy Hampton in addition to

the gifts by Michael and Sharon Ensign.2 ~ ExHIBIT Q. After the article was

HOUlTON

MUNICH

NBY YOlK

IAN DIECO

SILICON VALLU

TWIN CITI!I

YdHINGTON. DC

published with false information, Senator Ensign's communications director, Tory

Mazzola, contacted the reporter to explain that there had only been one payment to

the Hamptons, totaling $96,000, and any reports of a separate $25,000 payment were

inaccunae. The Waahington Post' then printed the cited correction, whtch

miscbaracterizcd Mr. Mazzola's communication. The oorrection proves IJDoling

other than the fact that the news media makes mistakes, even when they are trying to

correct their mistakes.

1 "In fact. Sen. lohn Ensign's sexual affair witb fonner campaign staffer Cynthia Hampton, the wife of his former chief of staff - and news last week that the Nevada Republican's parents magnanimously gave the Hamptons $96,000 'out of concern' for the couple and their kids .- now looks a far better bet to get us through the traditional summer DeWS doldrums ... TIlere's still the matter of an alleged severance payment to Cynthia Hampton by ElWgn of at leut $25,000. That payment was not reported, as required by law, to the Federal Election Commission." A1 Kamen. The Senate's Gvt Talent, aruJ Then S01M, Washington Post, July 13,2009.

MUR 6200: REsPoNSE OF BATI'LE BORN PounCAL ACTJON CoMMIlTD

PAG&6or7

ATUKT ..

AUSTIK

1I0lTON

DALUI

D&U'lVARB

HOUlTON

WUKICH

NBW YOU:

IAN ersce

SILICON VALLEY

TWIN CITIU

WASHINGTON. DC

FISH &: RICHARDSON P.C.

IV. CONCLUSION

The complaint, in and of itself, does not provide a legally or factually

sufficient basis for the Commission to make a ''Reason to Believe Finding" that the

Committee violated the Act. Furthermore, the evidence shows that the 512,000

monetary gifts that Michael and Sharon Ensign each provided to Doug Hampton,

Cindy Hampton, Brandon Hampton, and Blake Hampton ware not related 10 Cindy

Hampton's previous employment by the Committee, nor were they related to any

expense or debt that the Committee would have otherwise incurred. Far this reason,

the Committee respectfully urges the Commission to reject CREW's allegations and

dismiss this matter in its entirety.

Thank you for your consideration of this request, and please do not hesitate to

contact me at (214) 747-5070 if you have any questions.

Sincerely,

~K-Frs

Chris K. Gober

Counsel to Battle Born PAC

MUR 6200: RESPoNSE OF BA'ITLE BORN PoLmC4L ACI'lOH COMMITTEE

PAGE70F7

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EXHIBIT Q

AI Kamen - The Loop: Legislating Isn't AU This Senator Can Do

Page I of3

~e tu46f)ingtou Jloot

The Senate's Got Talent, and Then Some

By AI KIl1mJ Monday. July 13,2009

And now, additional proof that there is more to life than being 8 senator and responding like Pavlovs dog to the buzzer summoning lawmakers for floor votes.

Taka 1M recent fuDdra.iscr in Nctthwmt Wuhi.,gtoll fer S<:.n. ,uten Specter (D-Pa.). a cancer survivor and ardent supporter ofmedica1 research. Tho fundraiser featured, in addition to the well-heeled, prominent medical-cornmunity guests such lIS former National Institutes of Health chief ElIas Zethau"l and former National Cancer Institute director Andnw von EschenbezcJr.

SpetWr told'the gathering he knew when he ~~ ftlrthe stimulus bilf - wilh the St'O billion infustU'Il for medical raetRh - that he WId jumpihg off' a ptffitit.11l cliff, that he would be tarred as a big spender and would face a strong Republican primary challenge. (Of course. it looks like be's now facing a very tough Dcmoankic abtilloqe.)

But Spc:cter.1C1d lMIly lhme wh."l nuppatt..-d the f"Jtlding tcost,long Ino QQnclu~d tlnt such investme!U:I in research would pay bi, di:vidcnds down the road. That would be research particularly for diabetes, heart disease and other maladies that drive up Medlcan: and Medicaid costs as the population ages.

Speeter's onetime GOP colleague, fottneT seftatOt' Ted SIrmu, shO\Wd up 8 bit ,late. Seems he was tending to a mosquito-catcher that wlIlm'ttllOtking very well. So he started takins it apart. He explained, igmnin!j 'kis wife's CCIWCltm that be might Harm hhns:lf or othurs. He worked on it md put it lmck together IUld -- what do you know? - he got it working again. Next: cleaning out the Internet's tubes.

So H:fc Iftm' the Selll&c is fuIl4)fldvenn~s.

The Eatlp FUes (Ccmt.)

Speaking ofJife after your political care .. tanks, J'Affisire Ensign had been briefly overshadowed by Gov. Marie &uiford (R-S.c.) and his taxpayer-funded search for a love rancb on the pampas so he could be with his Argentine girlfriend. But last week it zoomed back to the forefront.

In fact, Sen. John Ensign's sexual affair with former campaign staffer Cynthia Hampton. the wife of his foonQr ethicf af staff - uK! J1CWS lItlft Wdok tblat tho ~adl Republicftil'C parents mngnarw1If)usly sue the Hamptot\5 $96,000 "out of concern" for the couple and their kiDJr - Jl:)W looks Il far better ~ to get us through the traditional summer news doldrums.

However. even though ensign himsclfclaimcd "extortion" to describe Doug Hampton's requests for money. it is u.'lc1ear whether anyone in the prosecutorial world is actually tlU;ing a hard look at the goings-on.

Everyunc'a conduet in the matte'".,. rai~ quc!dons, .... wore told, but it is far from clear whether there is sufficient basis to initiate a criminal investigation. (There's still the matter of an alleged severance payment to C)I1l!hia Har:npton by iinsip orat least $25.000. ThIIZ pa)'lTII:llt was not reported, as nrqaimli

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Al Kamen - The Loop: Legislating Isn't All This Senator Can Do

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by law, to the Federal Election Commission.)

It's also unclear if there is going to be any action by the fearsome Senate ethics committee. A potentially key witness, Sen. To", CobJlJ"Il (R-Okla.). is a close &lend ofE.!laign's and urged him to end the B.fti.ir. But Coburn said last week be would -never" testify before the committee or in court. He DOted that hi: counseled Ensign "as a pbysicianN - Cobunl is an obstetrician BDd 8,YDCCOiogist -- and as an "ordained deacon, ~ and therefore could not be compelled to testify because of doctor-paticnt privilege and religious privilege.

That SIrt'mS pn:tt)' ca:nclusive to us - after all, if a guy can't trust his OB-OYN. who can he trust? But some lawyers think neither assertion. though quite creative, would stand up in court. (There's little chance at This point that the commlittce will haw Coburn in to testilY. wiib 01 without some goofy elaim ofprivilcfi'$:.)

Even so, Coburn's got other options. perhaps better ones. we were advised. He could hustle on out and get a law degree real quick, then claim retroactive attomey-cllent privilege - a recognized and formidable barrier to compelled testimony. To be absolutely bulletproof, however, he may want to marty Bnsign - they'd have to travel tu Iowa - and thMi !ely OR the ironclad spowal pri.il(.'ge.

SBA'. Jacunn Wan:h

Small Business Administration staffers were hard at work Tuesday afternoon when they noticed their Internet conniiCtions bad &Iowcd dramatically. Hard to figure out what was happening, but they may have suspected it could have bad something to do with the f'a!:t that so many oftbem weee using their computers to watch sttcami~i video of Michael Jackson's fuDcral.

Then SEA officials sent out a notice that everyone's streaming video capacity was being disabled for the afu:mnon because so many peopIe"M:J"e watching the fum:ra.l. "J."he:re was "no crash" of the entire system, an SBA spokesman assured us. n AJI essential functions COJUinued. ~ By Wednesday, it W83 small business as usual.

M~vingQn

As expected.the White House last week announced the nomination of former I S-tcrm congressman James A. Leach (R-lowa) to be chairman of the National Endowment for the Humanities. And, as we reported a couple months ago, Phil Murphy, former investment banker and naUonal finance chairman of the Democratic National Committee, is the nominee to be ambassador to Germany. But It's not about the money, as they say. Murphy, while at Ooldman Sachs, headed the Frankfurt office from 1993 to 1997.

~ all commentl that haVIl btIun pOlled about this articlc!.

11'0111 • Com",.nt

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AI Kamen • The Loop: Legislating Isn't AU This Senator Can Do

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