During the course of the 22 month investigation, Committee staff, later joined by Special Counsel, conducted 72 witness interviews and depositions, including members of Senator Ensign's current and former staff and numerous third parties. The staffs for the Committee and Special Counsel also reviewed over a half million documents received from numerous sources, including Senator Ensign and his staff. Included in the materials reviewed were hundreds of documents previously withheld or not disclosed that were produced after the Special Counsel was appointed and challenged the basis for the non-disclosure.
Special Counsel was careful not to seek intimate details of the extramarital affair referenced in the initial complaint. Whether a person is unfaithful to his or her spouse is generally the couple's own business to deal with, perhaps, in private communications with wronged spouses, marriage counselors, and others, and to surface the infidelity only if and when there is some public complaint or settlement made (such as in divorce proceedings or private resolutions). Reconciliation or resolution in private can protect the families involved and serve the greater good. This is no less true if one of the individuals is a public official. This case, however, involved two individuals whose employment and financial well being were dependent upon the Senator who employed them. This situation placed these individuals in a particularly vulnerable situation.
Further, although concealment is part of the anatomy of an affair, the concealment conduct in this case by Senator Ensign exceeded the normal acts of discretion and created a web of deceit that entangled and compromised numerous people, including a loyal Chief of Staff, was an abuse of the Senator's power, and raised serious issues of violations within the Committee's jurisdiction. Therefore, the details of the affair itself and the concealment activities are presented only to the extent relevant to establish the basis and context of the actions that led to the alleged violations.
As will be developed below, it is Special Counsel's determination that substantial credible evidence exists that gives substantial cause to conclude that Senator Ensign engaged in violations of law and of Senate Rules within the Committee s jurisdiction under S. Res. 338, as amended, including improper conduct which reflects upon the Senate under Section 2(a)(1) of S. Res. 338. Had Senator Ensign not resigned the Special Counsel would have recommended that the Committee initiate an adjudicatory review for the purpose of considering the appropriateness of disciplinary action against the Senator. The Special Counsel is confident that the evidence that would have been presented in an adjudicatory hearing would have been substantial and sufficient to warrant the consideration of the sanction of expulsion. Special Counsel notes, Senate Ethics Manual, Appendix E, at 432.3 though, that Senator Ensign, by resigning before the Special Counsel could question him under oath in a deposition about the facts, did not have the opportunity to challenge factual assertions and evidence, the Special Counsel s interpretation of the facts, or the strength of the case against him.
B. Summary of Findings
Based on the record in this matter, the Special Counsel respectfully submits that there is substantial credible evidence that provides substantial cause to conclude that Senator Ensign violated Senate Rules and federal civil and criminal laws, and engaged in improper conduct reflecting upon the Senate, thus betraying the public trust and bringing discredit to the Senate. The following summarizes the Special Counsel's findings.
Read the rest of the preliminary report including Senator Ensign's Affair with Cynthia Hampton, Mr. Hampton s Discovery of the Affair, Mr. Hampton Seeks Assistance to End the Affair and an Intervention Is Held, and The Affair Continues until July 2008.
It continues with Senator Ensign Plans for Transition Finances for Mr. Hampton, The Senator Has Extensive Discussions with Doug Hampton about Severance Payments, and Senator Ensign Takes Steps to Reduce Records Retention, Communicate Off of the Senate Server, and Minimize Contacts with the Ethics Committee.
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