Justice Department may investigate late earmark

The Senate voted Thursday to ask the Justice Department to investigate allegations of impropriety and possible criminal violations involving a $10-million Florida highway project slipped into a bill after Congress had approved it.

The earmark, inserted two years ago into a five-year, $286-billion highway funding bill, was for a Coconut Road interchange project on Interstate 75 near Naples, Fla. But state and local officials never requested money for the interchange.

“If we cannot trust what we agree to in both bodies of Congress will be sent to the president, then everything we pass has to be suspect,” Sen. Tom Coburn (R-Okla.) said.

Rep. Don Young (R-Alaska), former chairman of the House Transportation and Infrastructure Committee, put the earmark in the bill. His staff acknowledged to the Washington Post that his aides had “corrected” the earmark just before it went to the White House, specifying that the money be spent on the interchange.

Young spokeswoman Meredith Kenny said in a statement that the congressman always intended the earmark to designate money for the project. She added that Young believed the project was “entirely worthy” and welcomed any inquiry.

Young’s office said he took up the project at the request of community residents, but he also benefited from campaign donations raised by a developer who owns 4,000 acres near the proposed I-75 interchange.

The Naples News reported that developer Daniel Aronoff held a fundraiser for Young in February 2005, bringing in more than $40,000 for his campaign.

Young’s office said campaign contributions weren’t the motive.

“I think it’s the right thing for the state of Florida, and you know, right now, they’re supportive of it,” Young told the Associated Press.

The Lee County Metropolitan Planning Organization has rejected the earmark three times in the last year because it requires the money be spent on that project instead of on general highway improvements throughout the county.

The amendment referring the matter to the Justice Department was sponsored by Sen. Barbara Boxer (D-Calif.), and was one of two options considered by the Senate. Coburn proposed using a joint House-Senate panel to investigate, saying he had “great qualms, great worries” about giving the Justice Department the power to investigate Congress.

But Boxer and Senate Majority Leader Harry Reid (D-Nev.) said such a panel raised constitutional separation-of-powers issues because one house of Congress would be involved in investigating the other. Boxer’s measure passed 63 to 29, barely above the required 60-vote threshold. Coburn’s amendment fell short on a 49-43 vote.

“If violations of federal criminal law occurred, it is the province of the Justice Department and the FBI to investigate and prosecute them,” Reid said.

The House, however, would have to agree to the measure for the Justice Department to launch an inquiry, and Speaker Nancy Pelosi (D-San Francisco) said Thursday she didn’t see the need for that involvement.

“We have an ethics committee,” Pelosi said. “I don’t see why that would be necessary.”

Young has been questioned in previous investigations. A former aide of his transportation committee has pleaded guilty to accepting gifts from lobbyist Jack Abramoff, and a former Alaska energy services corporate executive -- who has admitted to taking bribes -- testified that holding annual fundraisers for the representative was part of his job.

Young’s reelection bid is anticipated to be his most challenging since he was elected in 1973.

--

ben.dubose@latimes.com