Shift in Tobacco Suit Is Assailed
WASHINGTON — With the government's giant racketeering case against cigarette makers nearing a close Wednesday, rancor spread beyond the courtroom as lawmakers demanded an investigation of possible political interference in the government's case.
At least eight Senate and House Democrats -- including Sen. Edward M. Kennedy (D-Mass.) and Rep. Henry A. Waxman (D-Los Angeles) -- asked the Justice Department inspector general to investigate why senior officials apparently ordered the department's trial team to cut their most costly demand against the industry by more than 90%.
Without explanation, government lawyers late Tuesday asked U.S. District Judge Gladys Kessler to order an industry-funded five-year, $10-billion smoking-cessation program -- instead of the 25-year, $130-billion program they had outlined previously.
In a statement issued Wednesday evening, Justice Department spokesman Eric Holland stressed that the $10-billion program was only "an initial requirement" that could be extended in the future if court-appointed monitors decide the industry is committing fraud. "All decisions relating to this case were appropriately made based upon the legal merits of the case," he said.
Several lawmakers, however, expressed concern that top political appointees were overruling the trial lawyers to shield the industry from an expensive loss.
Citing reports Wednesday in the Los Angeles Times and the Washington Post, lawmakers asked the department's inspector general, Glenn A. Fine, to determine whether high-ranking officials -- including Associate Atty. Gen. Robert McCallum, the department's No. 3 leader -- had improperly interfered.
"The administration needs to explain their sudden change in course," said Sen. Tom Harkin (D-Iowa). And Sen. Richard J. Durbin (D-Ill.) accused the Justice Department of "selling out the American people."
"I am deeply troubled by the appearance that Bush administration political appointees pressured career Justice Department attorneys to protect tobacco companies," said Rep. Martin T. Meehan (D-Mass.), who also signed one of two letters to Fine.
Regarding the call for an investigation, spokesman Holland said the inspector general "will, no doubt, consider the request."
The controversy also prompted an unusual exchange in court Wednesday, when tobacco company lawyers gave closing arguments in the 8 1/2 -month trial. Ted Wells, an attorney for Philip Morris USA, said the sudden change provided "the most powerful evidence
