Mondo
Washington
Questions linger about Court nominee's time with Texas
Lottery
by James Ridgeway, with Isabel Huacuja
October 4th, 2005 3:12 PM
See also:
What's the Deal With Harriet Miers?
by James Ridgeway
Miers on Bush: 'Smartest Man I Ever Met'
by Ward Harkavy
WASHINGTON, D.C.—Sooner or later, senators pondering
Harriet Miers's qualifications to be a Supreme Court
judge will want to inquire into the byzantine dealings
of the Texas Lottery Commission in the late 1990s, when
she was its chair.
Miers has been portrayed as a tough administrator who
cleaned up a scandal-plagued state board, as in this
report from the Houston Chronicle:
"Harriet Miers proved to be a tough, no-nonsense
administrator during her five years heading the Texas
Lottery Commission, firing two executive directors to
stamp out scandal but leaving unexpectedly amid lagging
sales and player interest."
The paper goes on to note that "one of those firings
stirred up questions about whether political influence
helped George W. Bush avoid active service in Vietnam."
But that's not the last question stirred by Miers's
tenure on the lottery commission. There's room for
speculation about whether, even as she worked to clear
out corruption, she stifled the claims of a key
whistleblower.
The story goes like this:
Apparently in January 1996, then Texas governor George
Bush received an anonymous letter claiming that Nora
Linares, director of the Texas Lottery Commission, was
in cahoots with a former employer and a boyfriend to rip
off the commission. Supposedly, the boyfriend, convicted
on an unrelated federal bribery charge, was using state
equipment and personnel to work on a private contract he
had with Gtech. That's the company contracted to carry
out the Texas lottery. According to reports in the
Houston Chronicle from that time, Linares claimed she
knew nothing about this, even though the boyfriend was
running his business out of her cousin's New Mexico
apartment address.
At first, Bush and his then assistant Miers did nothing,
but eventually Miers was sent over to the commission to
straighten things out. This raised eyebrows at the time,
since Miers's law firm represented a company which had a
major contract with the lottery. Linares was fired, and
in March 1997 the commission put the Gtech contract up
for re-bid. Then in June, one Lawrence Littwin, a
Democrat, was hired to run the lottery, which had been
set up in 1992. At the time, Miers, now chair of the
lottery commission, said of Littwin, "His extensive
business, technical and lottery experience, his
knowledge of lottery products offered by vendors, and
his knowledge of the procurement process will be of
great benefit . . . . He is a man of integrity who will
further develop and maintain strict controls at the
commission and insure operations that are above
reproach."
When Littwin took over he received a report from the
state auditor critical of both Gtech and the lottery
commission for failure to conduct proper accounting.
Littwin hired the firm of Deloitte and Touche to run
more audits, and they allegedly revealed that Gtech had
seriously violated its contract. His investigation also
revealed what were described as illegal campaign
contributions. At that point, according to Littwin,
Miers and other commission members ordered him to stop
the investigation.
The upshot of the affair was that Gtech, even though not
the low bidder, got its contract back, and according to
Littwin never corrected its auditing breaches. Littwin
was fired that October, after only five months on the
job. The commission would only say it had "lost
confidence" in him. The personnel files say he was
dismissed for "reasons unknown."
In a subsequent 1999 lawsuit, Littwin claimed Gtech was
engaged in questionable dealings through its chief Texas
lobbyist in 1997, Ben Barnes, former state lieutenant
governor.
Barnes hit the headlines during Bush's first campaign
because he supposedly was the man who got young George
out of the draft and into the Texas National Guard, a
charge he denied. Littwin's suit was eventually settled
for $300,000. Barnes's deposition, in which the National
Guard matter was mentioned, disappeared.
The question is whether Miers was dispatched to the
state lottery commission to cover up a mess on the verge
of being brought to light by a whistleblower. We may
never know.
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