Is Duke Cooperating Or Not?

Following published complaints by a Pentagon investigator in the North County (Calif.) Times, the New York Times today reported that former Rep. Randy “Duke” Cunningham (R-CA), now in prison for taking bribes in exchange for legislative favors, is “refusing” to give information or speak with him and his agents.

I spent a good part of yesterday looking into this, and I think the picture’s not as clear as the NY Times describes it.

I spoke with the Pentagon investigator, Rick Gwin, yesterday morning, and he repeated his original claim that he was unsatisfied with Cunningham’s level of cooperation.

“We haven’t talked to [Cunningham],” he said. “He’s not talking to us.”

Have you asked to speak with him? I asked Gwin.

“He has to make the overture to come forward to us,” the investigator said.

So have you ever made a request to Cunningham or his lawyer to interview the prisoner?

“I think we have,” he responded, “through my agents. But I have not seen a response.”

The conversation didn’t make sense on a number of different levels. How does a senior investigator not remember conclusively if he has asked to interview his key source? Why would he assert that Cunningham carries the burden of voluntarily offering information to investigators? How can he make the public claim that Cunningham isn’t cooperating?

I’m still stumped. Cunningham’s lawyer K. Lee Blalack wouldn’t speak about the matter for the record. None of the assistant U.S. attorneys working the case returned my call. Gwin’s Pentagon counterpart handling the East Coast side of the investigation said he didn’t know anything about Cunningham’s cooperation. When I called Gwin back for more explanation, I got his voice mail. I left a message, and he hasn’t called back.

Now, as an old grade school teacher of mine used to say, I may be dumb but I’m not stupid. During an investigation, comments and leaks from prosecutors, sources and targets are strategic and usually carry meaning beyond the factual assertions they contain. Was trying to speak to someone else? Perhaps the Justice prosecutors — but Gwin insisted to me his staff was working “very closely” with Justice and the IRS.

I can’t for the life of me puzzle out what Gwin is trying to say, or who he’s trying to say it to.