McKay Calls for Nofziger Prison Sentence, Fine : Prosecutor Urges Tough Penalties to Ensure Law Will Be Taken Seriously

Independent counsel James C. McKay urged Thursday that former White House aide Lyn Nofziger be fined and imprisoned because he showed “a total lack of remorse” over his recent conviction for illegal lobbying.

E. Lawrence Barcella, Nofziger’s attorney, immediately denounced the recommendation to U.S. District Judge Thomas A. Flannery, calling it “ridiculous, unnecessary and totally lacking in compassion.”

In a memo submitted to the court for its consideration before the April 8 sentencing, McKay argued that stiff penalties are needed to “impress present and former government employees, as well as the general public” that Congress intended lobbying restrictions in the Ethics in Government Act to “be taken seriously.”

Like ‘Running a Stop Sign’

After his conviction Feb. 11 on three counts of illegally lobbying former White House colleagues, Nofziger likened his crime to “running a stop sign,” McKay noted in the memo to Flannery.

Nofziger, who resigned as President Reagan’s political director in 1982 to become a lobbyist, also was quoted by McKay as telling his probation officer in a Feb. 18 letter: “I have never thought, and I do not think today, that I am guilty morally, ethically or legally of the crimes of which I am convicted.”

McKay declared that such remarks show “a total lack of remorse or contrition.” He said that Nofziger’s “intransigent attitude is a consideration arguing in favor of a sentence that includes a period of incarceration.”

The special counsel also recommended that “an appropriate fine be imposed for each violation.”

Nofziger, 63, could receive two years in prison and be fined $10,000 for each of three felony counts. A jury found him guilty of illegal lobbying on behalf of a labor union and two defense contractors, including the scandal-plagued Wedtech Corp.

First Key Test of Law

Nofziger’s monthlong trial was the first major test of a 1978 law intended to curb conflicts of interest that can arise when government officials become lobbyists. The statute prohibits former high officials such as Nofziger from lobbying ex-colleagues for one year on “particular matters” of “direct and substantial interest” to their former agencies.

At a press conference after the verdict, Nofziger assailed that law, calling it “lousy” and “unfair” because it does not apply to members of Congress, judges or lower-level workers of the executive branch.

Barcella said in an interview Thursday that Nofziger had explained in the letter to his probation officer that the comment about his crime being like “running a stop sign” was “not a characterization of what he thought the offense was worth.”

Rather, Barcella continued, Nofziger was repeating what he had been told by his attorneys about “the intent level” of his actions. Nofziger insists that he never intended to violate the law but, like running a stop sign, Barcella said, “you’re guilty whether you saw it or not.”

“The prosecutors know that his stop sign comment was taken out of context but they don’t care,” Barcella charged.

Ignored Advice, McKay Says

In his memo, McKay asserted that Nofziger had ignored extensive legal advice from a private law firm about the ethics statute.

McKay cited an incident in which Nofziger allegedly rejected advice not to make any White House contacts without first clearing them with his lawyers.

“(Expletive) you, these are my friends and I am going back to them if I want to,” McKay quoted Nofziger as saying. The incident was related to Flannery by a prosecutor out of the hearing of jurors and trial spectators.

In response Thursday, Barcella said that “the fact is Mr. Nofziger’s own lawyers asked him to go back to the White House on behalf of one of their clients, which he did after being told it was legal to do so. We were not allowed to present that as a defense.”