THE FIEDLER TAPES

Before it indicted Rep. Bobbie Fiedler and her top political aide, Paul Clarke, on Jan 23, the Los Angeles County Grand Jury listened to nine secretly recorded conversations between Martha Zilm, the campaign manager for state Sen. Ed Davis, and Fiedler, Clarke and another Fiedler aide. The following excerpts from some of those conversations are taken from a official transcript of the tape-recordings that were played for the grand jury. Jan. 3

On Jan. 3, Davis campaign manager Zilm met with Fiedler aide Clarke at a San Fernando Valley restaurant. The two talked about the roles of Davis supporter George E. Moss and Fiedler supporter Arthur S. Pfefferman:

Clarke: How was your Christmas?

Zilm: Oh, it was fine. Um, mm, just get right down to this, because we’ve been going around and round and--um--you know, when--I--I presume--

Clarke: Yes.

Zilm:--you had George Moss call me. And, um--

Clarke: Well, actually--it was a little--George had--George had talked to one of our people--

Zilm: Um-hmm.

Clarke:--and so--

Zilm: Was that Art Pfefferman?

Clarke: Yeah.

Zilm: I figured it was.

Clarke: And so, uh, then Art called George, OK, so it was--

Zilm: Um-hmm.

Clarke: Anyway, I don’t know which came first, the chicken or the egg.

Zilm: Um-hmm.

Clarke: But that’s it’s--

Zilm: Well--

Clarke: It’s (unintelligible)--

Zilm:--in any case, you know, George had said that if Ed would get out of the race, you guys would take care of $100,000. And, um, so I had a couple meetings with Arnie, as you know, and I told (Fiedler consultant) Arnie (Steinberg) I would talk to Ed, and I did. And the only way he will do that is if that’s going to be taken care of.

Clarke: Well, as Arnie told you, we will do our best.

Zilm: Um-hmm. Yeah, but that’s--

Clarke: See, we guarantee--you know I can’t guarantee that.

Zilm: Well, that’s the problem.

Clarke: Well, I mean, here’s the situation: We--all right, over the years I think that--that our offices have always worked well together. I think Bobbi and Ed have always worked on an up-front basis--

Zilm: Um-hmm.

Clarke:--with each other. And the point--the point is that, you know, we can do everything that there--there is to do. We can go to our max donors and say, “Would you please max out, to Ed.” We can go to your list and--and give ‘em a hit from--from Bobbi a couple of times. We can go to our list and give ‘em a hit.

Zilm: Um-hmm.

Clarke: But I can’t guarantee you that I can raise, you know, right now a hundred thousand dollars.

Zilm: Um-hmm.

Clarke: Uh, but I--I am sure, and Brad O’Leary is--is absolutely dead-bang certain that over a period of time we will be able to do it.

Zilm: Um-hmm.

Clarke: It’s just--you know--I can’t tell you that on April 1st it’s gonna--it’s gonna magically be there. Or, uh, that on July 1st it’s gonna magically be there.

Zilm: Um-hmm.

Clarke: So--but--but I can all--all I can do is--is say to you what--what, uh, I’ve said all along, and that is if we give our word, we’re gonna keep it.

Zilm: Um-hmm.

Clarke: OK? And if we--if we do this, we’re gonna try our best.

Zilm: Um-hmm.

Clarke: And that’s--that’s all we can do. That’s all anybody can do. That’s all you could do it--if the situation--

Zilm: Um-hmm, um-hmm.

Clarke:--were reversed. I couldn’t say, “Martha, you’ve gotta guarantee it by a certain date.” ’Cause there’s--there’s no way to give a big chunk. That’s the problem.

Zilm: Um-hmm.

Clarke: It’s--it’s all gonna to be in little chunks.

Zilm: Um-hmm.

Clarke: And I can’t--I can’t line up a hundred people and say, “Now you will give.”

Zilm: Um-hmm.

Clarke: Uh, and you know just as well as I do what the--you know, how (unintelligible) is. It’s a slow, laborious process. But I can--I can say this: That--that--that, I mean, immediately--immediately we will go to our maxed-out donors, OK, and that--that would to me seem to be an excellent source of--of funds. Uh, and I think that out of that you’ll see a significant chunk of it, you know, on an almost immediate basis.

Zilm: Um-hmm.

Clarke: Uh--because uh, uh, they’re--uh--you--you know, those type of people--they’re--you think--if they can give a thousand, they can give ten thousand. I mean, a thousand bucks is lunch money for most of ‘em.

Zilm: Um-hmm.

Clarke: So, uh, you know, I would say--I would say to you that--that--I mean, A, we’ll keep our word, and, B, we’ll do our damnedest. And that’s--I mean, that’s all that anybody can say.

Zilm: Um-hmm. Well--

Jan. 3

At the Jan. 3 restaurant meeting, Zilm and Clarke talked about the financial help Davis’ campaign might expect if he withdrew from the U.S. Senate race. Zilm voiced concern about possible illegalities:

Clarke:--You know? And that’s--all I can tell you is that we’ll--are--we’re as good as our word.

Zilm: Yeah, except this time I think we’re dealing with some legalities here--illegalities.

Clarke: Oh, I mean, if--see, the point is, if--if you put something in writing and you had a contract and you did that, then you probably would be crossing the line.

Zilm: Um-hmm.

Clarke: But if I--if I say to--to you, OK, we’ll help, OK, that’s--that’s our offer--we’re offering that. You’re not coming and demanding it.

Zilm: Um-hmm, um-hmm. Well, the only thing I can do is, you know, go back to Ed--

Clarke: Yeah.

Zilm:--and see what he says.

Clarke: Yeah. But, you know, as I--we’re as good as our word and I--and as I told you, or as Arnie probably told you, I talked with Brad about it, and Brad thinks he can get us some of his sources. So--uh--

Zilm: You think as long as nothing’s in writing--

Clarke: Yeah.

Zilm:--everything will be OK?

Clarke: Oh, sure, sure. Uh--and--I mean, see everything is being done on a voluntary basis. There’s no demand being made of anybody.

Zilm: Um-hmm.

Clarke: Offers are being made, but no demand is being made. So--

Zilm: Um-hmm.

Clarke:--as long as that’s the situation, there’s no problem. In fact, um, we checked, without using names, with Dana Reed--

Zilm: Uh-huh.

Clarke:--who does our campaign work--

Zilm: Uh-huh.

Clarke:--and he said there’s no problem with that.

Zilm: Uh-huh.

Clarke: You know, as long as you don’t have a contract that says, “This is the quid and this is the pro quo,” you know--

Zilm: Um-hmm.

Clarke:--that’s--that’s fine.

Zilm: Well.

Clarke: As--as you know, we’re going to go on Monday.

Zilm: Yes, I read that in the paper.

Clarke: Actually.

(Recording stopped.)

Jan. 10

Excerpt from transcript of a Jan. 10 phone call Zilm placed to Bobbi Fiedler. Zilm asks Fiedler if the offer of help in return for Davis’ withdrawal has been extended with Fiedler’s concurrence:

Zilm: Hello.

(Fiedler campaign aide Steve) Frank: Hello, Martha?

Zilm: Steve?

Frank: Hi, how’re you doing?

Zilm: Fine. How are you?

Frank: Just (unintelligible) one second, let me put Bobbi on.

Fiedler: Thank you very much. Calling from San Diego.

Zilm: Oh, I’m sorry.

Fiedler: That’s all right.

Zilm: I didn’t know you were going to be down there today.

Fiedler: No, that’s OK.

Zilm: Um, you know, I have had several meetings with, uh--with Paul and with Arnie about your offer to help pay off the campaign debt in exchange for Ed’s withdrawal from the race, and before Ed goes any further with this, he wanted me to meet with you in person to make sure the offer was really coming from you.

Fiedler: I think that maybe it would be a good time for he and I to meet with one another.

Zilm: Uh-huh. Well, I’ll--all right.

Fiedler: You know, I have no objections if you’re in attendance. Obviously, I’d expect either Arnie or Paul to meet with us. But I’d be happy to sit down and talk with you.

Zilm: With me?

Fiedler: No, I mean with--with--with Ed.

Zilm: Oh.

Fiedler: Yeah, with both of you.

Zilm: Um-hmm.

Fiedler: We’ve known each other long enough to--to be able to--to talk with one another at this point.

Zilm: Um-hmm.

Fiedler: If you’re--you know, if there seems to be a mutual interest on both sides.

Zilm: Uh-huh. Um, OK.

Fiedler: Why don’t you talk with Ed and see what you can work out?

Zilm: All right. Let me see what--what he says.

Fiedler: OK. I need to get back to--Paul.

Zilm: I think that what--you know--I think that he wants to know that this is your offer and that you’re aware of it and that it isn’t something that just Arnie and Paul, uh, you know--

Fiedler: Yeah, I understand that.

Zilm:--are doing without your--without your concurrence.

Fiedler: No. I understand. OK, so why don’t we--you know, why don’t we set something up so he and I can sit down and talk?

Zilm: All right. I’ll--I’ll try to put that together.

Fiedler: OK.

Zilm: All righty.

Fiedler: Take care. Bye-bye.

Jan. 11

On Saturday, Jan. 11, Fiedler aide Clarke and Davis campaign manager Zilm had a telephone conversation concerning ways for state Sen. Ed Davis to explain an exit from the U.S. Senate primary race. Clarke had just suggested that Davis might say he could more effectively fight crime by remaining in the California Legislature than by running for U.S. Senate. An excerpt of the conversation:

Clarke: But I think that if he comes out on a positive note saying, “Here’s something that I want to do, and I didn’t get the public life to--to--uh, uh--just have a job, OK?”

Zilm: Um-hmm.

Clarke: “I got into public life to do something. And from what I’ve heard all this year on this, that, and the other--Bingo!--and I--you know, and I can only do that in the state Legislature, I can’t do it in the United States Senate.”

Zilm: Um-hmm. OK. Right. I took the notes on that. OK, now, um, can you give me an idea on--on how much money we can expect and when we can expect the first payment.

Clarke: Well, here’s what I will do: Um, the--what I’m going to have people--our max donors do, is--I presume you’d like it sent directly to you.

Zilm: Yes.

Clarke: OK. So I’m going to have to get your P.O. box and whatever.

Zilm: Um-hmm.

Clarke: I’m just going to get Bobbi on the phone with her max donors and say, “Here’s what the situation is.”

Zilm: Uh-huh.

Clarke: And I would expect that you’ll start getting some--some bucks immediately.

Zilm: OK.

Clarke: Now, is the Senate in session?

Zilm: Uh, yes, it is.

Clarke: They are. OK.

Zilm: Uh-huh.

Clarke: Uh, so we’re looking at a--the only possible thing is a Friday; is that right?

Zilm: Uh, yeah. I would say Thursday afternoon he comes down usually, and he’s here on Friday, yes.

Clarke: OK. Let’s see. I’m trying to look at what we’ve got going here. Um. How about next Friday afternoon?

Zilm: Uh, that would be fine.

Clarke: 2 o’clock?

Zilm: OK. 2 o’clock. Where?

Clarke: I guess we’ll have to do it at the Press Club.

Zilm: OK. All righty. Well, uh, I guess that’s about it. I--

Clarke: OK. I--let me do this Monday--let me--uh, uh--

Zilm: I just want to say one thing there. Paul--

Clarke: Sure.

Zilm:--You know, I don’t know about you, but this makes me really nervous--

Clarke: Well--

Zilm:--Because it involves a payment to withdraw, and I--I think that’s illegal.

Clarke: Well, I--we--we’re not offering any payment--

Zilm: Um-hmm.

Clarke: --OK? Uh, we’re just offering to help.

Zilm: Um-hmm, OK.

Jan. 12

A Jan. 12 meeting was held at Bobbi Fiedler’s Northridge home to negotiate what actions might be taken to reduce Davis’ campaign debt if he were to withdraw from the U.S. Senate race:

Fiedler: --Assisting Ed will--will want to be able to see what’s possible in terms of negotiating it down and stuff like that.

Zilm: Uh-huh.

Fiedler: We would like to be able to suggest--make some suggestions to you--

Clarke: Probably (professional fund-raiser) Brad (O’Leary), who will be out here--uh, well, he’s going to be out here just one day next week, but he will be out here the week following.

Zilm: Um-hmm.

Fiedler: He’s very good, and he’s--(unintelligible), too.

Clarke: Brad will probably--probably have some--some instant ideas. I’ll tell you, Brad--

Fiedler: He’s got a lot of experience (unintelligible).

Clarke: Brad is--I don’t know whether you’ve ever met him or not--Brad O’Leary--but--

Zilm: Yes, I have met him, uh-huh.

Clarke: OK--he--he’s really great.

Zilm: Yeah.

Clarke: And the guy’s got some--you know--he knows what the hell he’s doin’.

Zilm: Yeah.

Fiedler: We have a lot of experience between Paul and Arnie and myself. Because we’ve done a lot--I’ve had to raise a lot of money in my political career--

Zilm: Um-hmm.

Fiedler: I’ve raised more than 2 1/2 million dollars.

Zilm: Yeah.

Fiedler: But at the same time, Brad has had--you know, he’s raised millions and millions and millions of dollars for candidates--

Zilm: Um-hmm, um-hmm.

Fiedler: And he comes at it as a professional, I feel it, from the standpoint of being a candidate and needing money--

Zilm: Um-hmm.

Fiedler: --To be able to put on a campaign.

Zilm: Yeah.

Fiedler: I do--uh, I do think it’s important, however, that, uh, this is not a quid pro quo as far as I’m concerned, and I hope you don’t consider it a quid quo either. This is something that we’re doing because Ed--because Ed and I have been long-standing friends.

Zilm: Um-hmm.

Fiedler: And I would help him, whether it involved this kind of thing or not.

Zilm: Yeah.

Fiedler: Which is why I feel strongly about, you know, I can understand the stress that he has to feel as a result of having that kind of burden on his back. I know I would be, you know--I know that I would personally feel pretty much devastated by it. But I think that he can handle the most difficult of this--

Zilm: Um-hmm.

Fiedler: --Is handling the public, you know, the public aspect of it.

Zilm: The withdrawal.

Fiedler: I feel confident that with the (Chief Justice Rose Elizabeth) Bird situation that is sitting there, it’s such a natural thing for him that he can use it to, you know, kind of like jump ship--

Zilm: Um-hmm.

Fiedler: --And really begin to put some focus there.

Zilm: Um-hmm.

Fiedler: And I know he’ll contribute a lot in trying to defeat her, as well as whatever other initiatives he may decide to make of his own within the legislative process.