WASHINGTON DC (By Jo Becker and
Don Van Natta Jr., NYTimes)
September 28, 2008
―
Senator McCain supported tax
breaks for casinos over the
years, including one that helped
Foxwoods Resort Casino in
Connecticut. He has also gambled
there.
Senator John McCain was on a
roll. In a room reserved for
high-stakes gamblers at the
Foxwoods Resort Casino in
Connecticut, he tossed $100
chips around a hot craps table.
When the marathon session ended
around 2:30 a.m., the Arizona
senator and his entourage
emerged with thousands of
dollars in winnings.
A lifelong gambler, Mr. McCain
takes risks, both on and off the
craps table. He was throwing
dice that night not long after
his failed 2000 presidential
bid, in which he was skewered by
the Republican Party’s
evangelical base, opponents of
gambling. Mr. McCain was betting
at a casino he oversaw as a
member of the Senate Indian
Affairs Committee, and he was
doing so with the lobbyist who
represents that casino,
according to three associates of
Mr. McCain.
The visit had been arranged by
the lobbyist, Scott Reed, who
works for the Mashantucket
Pequot, a tribe that has
contributed heavily to Mr.
McCain’s campaigns and built
Foxwoods into the world’s
second-largest casino. Joining
them was Rick Davis, Mr.
McCain’s current campaign
manager. Their night of good
fortune epitomized not just Mr.
McCain’s affection for gambling,
but also the close relationship
he has built with the gambling
industry and its lobbyists
during his 25-year career in
Congress.
As a two-time chairman of the
Indian Affairs Committee, Mr.
McCain has done more than any
other member of Congress to
shape the laws governing
America’s casinos, helping to
transform the once-sleepy Indian
gambling business into a
$26-billion-a-year behemoth with
423 casinos across the country.
He has won praise as a champion
of economic development and
self-governance on reservations.
“One of the founding fathers of
Indian gaming” is what Steven
Light, a University of North
Dakota professor and a leading
Indian gambling expert, called
Mr. McCain.
As factions of the ferociously
competitive gambling industry
have vied for an edge, they have
found it advantageous to
cultivate a relationship with
Mr. McCain or hire someone who
has one, according to an
examination based on more than
70 interviews and thousands of
pages of documents.
Mr. McCain portrays himself as a
Washington maverick unswayed by
special interests, referring
recently to lobbyists as “birds
of prey.” Yet in his current
campaign, more than 40
fund-raisers and top advisers
have lobbied or worked for an
array of gambling interests —
including tribal and Las Vegas
casinos, lottery companies and
online poker purveyors.
When rules being considered by
Congress threatened a California
tribe’s planned casino in 2005,
Mr. McCain helped spare the
tribe. Its lobbyist, who had no
prior experience in the gambling
industry, had a nearly 20-year
friendship with Mr. McCain.
In Connecticut that year, when a
tribe was looking to open the
state’s third casino, staff
members on the Indian Affairs
Committee provided guidance to
lobbyists representing those
fighting the casino, e-mail
messages and interviews show.
The proposed casino, which would
have cut into the Pequots’
market share, was opposed by Mr.
McCain’s colleagues in
Connecticut.
Mr. McCain declined to be
interviewed. In written answers
to questions, his campaign staff
said he was “justifiably proud”
of his record on regulating
Indian gambling. “Senator McCain
has taken positions on policy
issues because he believed they
are in the public interest,” the
campaign said.
Mr. McCain’s spokesman, Tucker
Bounds, would not discuss the
senator’s night of gambling at
Foxwoods, saying: “Your paper
has repeatedly attempted to
insinuate impropriety on the
part of Senator McCain where
none exists — and it reveals
that your publication is
desperately willing to gamble
away what little credibility it
still has.”
Over his career, Mr. McCain has
taken on special interests, like
big tobacco, and angered the
capital’s powerbrokers by
promoting campaign finance
reform and pushing to limit
gifts that lobbyists can shower
on lawmakers. On occasion, he
has crossed the gambling
industry on issues like
regulating slot machines.
Perhaps no episode burnished Mr.
McCain’s image as a reformer
more than his stewardship three
years ago of the Congressional
investigation into Jack
Abramoff, the disgraced
Republican Indian gambling
lobbyist who became a national
symbol of the pay-to-play
culture in Washington. The
senator’s leadership during the
scandal set the stage for the
most sweeping overhaul of
lobbying laws since Watergate.
“I’ve fought lobbyists who stole
from Indian tribes,” the senator
said in his speech accepting the
Republican presidential
nomination this month.
But interviews and records show
that lobbyists and political
operatives in Mr. McCain’s inner
circle played a
behind-the-scenes role in
bringing Mr. Abramoff’s misdeeds
to Mr. McCain’s attention — and
then cashed in on the resulting
investigation. The senator’s
longtime chief political
strategist, for example, was
paid $100,000 over four months
as a consultant to one tribe
caught up in the inquiry,
records show.
Mr. McCain’s campaign said the
senator acted solely to protect
American Indians, even though
the inquiry posed “grave risk to
his political interests.”
As public opposition to tribal
casinos has grown in recent
years, Mr. McCain has distanced
himself from Indian gambling,
Congressional and American
Indian officials said.
But he has rarely wavered in his
loyalty to Las Vegas, where he
counts casino executives among
his close friends and most
prolific fund-raisers. “Beyond
just his support for gaming,
Nevada supports John McCain
because he’s one of us, a
Westerner at heart,” said Sig
Rogich, a Nevada Republican
kingmaker who raised nearly $2
million for Mr. McCain at an
event at his home in June.
Only six members of Congress
have received more money from
the gambling industry than Mr.
McCain, and five hail from the
casino hubs of Nevada and New
Jersey, according to data from
the Center for Responsive
Politics dating back to 1989. In
the presidential race, Senator
Barack Obama has also received
money from the industry; Mr.
McCain has raised almost twice
as much.
In May 2007, as Mr. McCain’s
presidential bid was
floundering, he spent a weekend
at the MGM Grand on the Las
Vegas strip. A fund-raiser
hosted by J. Terrence Lanni, the
casino’s top executive and a
longtime friend of the senator,
raised $400,000 for his
campaign. Afterward, Mr. McCain
attended a boxing match and hit
the craps tables.
For much of his adult life, Mr.
McCain has gambled as often as
once a month, friends and
associates said, traveling to
Las Vegas for weekend betting
marathons. Former senior
campaign officials said they
worried about Mr. McCain’s
patronage of casinos, given the
power he wields over the
industry. The officials, like
others interviewed for this
article, spoke on condition of
anonymity.
“We were always concerned about
appearances,” one former
official said. “If you go around
saying that appearances matter,
then they matter.”
The former official said he
would tell Mr. McCain: “Do we
really have to go to a casino? I
don’t think it’s a good idea.
The base doesn’t like it. It
doesn’t look good. And good
things don’t happen in casinos
at midnight.”
“You worry too much,” Mr. McCain
would respond, the official
said.
A Record of
Support
In one of their last
conversations, Representative
Morris K. Udall, Arizona’s
powerful Democrat, whose
devotion to American Indian
causes was legendary, implored
his friend Mr. McCain to carry
on his legacy.
“Don’t forget the Indians,” Mr.
Udall, who died in 1998, told
Mr. McCain in a directive that
the senator has recounted to
others.
More than a decade earlier, Mr.
Udall had persuaded Mr. McCain
to join the Senate Indian
Affairs Committee. Mr. McCain,
whose home state has the
third-highest Indian population,
eloquently decried the “grinding
poverty” that gripped many
reservations.
The two men helped write the
Indian Gaming Regulatory Act of
1988 after the Supreme Court
found that states had virtually
no right to control wagering on
reservations. The legislation
provided a framework for the
oversight and growth of Indian
casinos: In 1988, Indian
gambling represented less than 1
percent of the nation’s gambling
revenues; today it captures more
than one third.
On the Senate floor after the
bill’s passage, Mr. McCain said
he personally opposed Indian
gambling, but when impoverished
communities “are faced with only
one option for economic
development, and that is to set
up gambling on their
reservations, then I cannot
disapprove.”
In 1994, Mr. McCain pushed an
amendment that enabled dozens of
additional tribes to win federal
recognition and open casinos.
And in 1998, Mr. McCain fought a
Senate effort to rein in the
boom.
He also voted twice in the last
decade to give casinos tax
breaks estimated to cost the
government more than $326
million over a dozen years.
The first tax break benefited
the industry in Las Vegas, one
of a number of ways Mr. McCain
has helped nontribal casinos.
Mr. Lanni, the MGM Mirage chief
executive, said that an
unsuccessful bid by the senator
to ban wagering on college
sports in Nevada was the only
time he could recall Mr. McCain
opposing Las Vegas. “I can’t
think of any other issue,” Mr.
Lanni said.
The second tax break helped
tribal casinos like Foxwoods and
was pushed by Scott Reed, the
Pequots’ lobbyist.
Mr. McCain had gotten to know
Mr. Reed during Senator Bob
Dole’s 1996 presidential
campaign, which Mr. Reed
managed. Four years later, when
Mr. McCain ran for president,
Mr. Reed recommended he hire his
close friend and protégé, Rick
Davis, to manage that campaign.
During his 2000 primary race
against George W. Bush, Mr.
McCain promoted his record of
helping Indian Country, telling
reporters on a campaign swing
that he had provided critical
support to “the Pequot, now the
proud owners of the largest
casino in the world.”
But Mr. McCain’s record on
Indian gambling was fast
becoming a difficult issue for
him in the primary. Bush
supporters like Gov. John Engler
of Michigan lambasted Mr. McCain
for his “close ties to Indian
gambling.”
A decade after Mr. McCain
co-authored the Indian gambling
act, the political tides had
turned. Tribal casinos, which
were growing at a blazing pace,
had become increasingly
unpopular around the country for
reasons as varied as morality
and traffic.
Then came the biggest lobbying
scandal to shake Washington.
Behind an
Inquiry
At a September 2004 hearing of
the Indian Affairs Committee,
Mr. McCain described Jack
Abramoff as one of the most
brazen in a long line of crooks
to cheat American Indians. “It
began with the sale of
Manhattan, and has continued
ever since,” he said. “What sets
this tale apart, what makes it
truly extraordinary, is the
extent and degree of the
apparent exploitation and
deceit.”
Over the next two years, Mr.
McCain helped uncover a
breathtaking lobbying scandal —
Mr. Abramoff and a partner
bilked six tribes of $66 million
— that showcased the senator’s
willingness to risk the wrath of
his own party to expose
wrongdoing. But interviews and
documents show that Mr. McCain
and a circle of allies —
lobbyists, lawyers and senior
strategists — also seized on the
case for its opportunities.
For McCain-connected lobbyists
who were rivals of Mr. Abramoff,
the scandal presented a chance
to crush a competitor. For
senior McCain advisers, the
inquiry allowed them to collect
fees from the very Indians that
Mr. Abramoff had ripped off. And
the investigation enabled Mr.
McCain to confront political
enemies who helped defeat him in
his 2000 presidential run while
polishing his maverick image.
The Abramoff saga started in
early 2003 when members of two
tribes began questioning Mr.
Abramoff’s astronomical fees.
Over the next year, they leaked
information to local newspapers,
but it took the hiring of
lobbyists who were competitors
of Mr. Abramoff to get the
attention of Mr. McCain’s
committee.
Bernie Sprague, who led the
effort by one of the tribes, the
Saginaw Chippewas in Michigan,
hired a Democratic lobbyist who
recommended that the tribe
retain Scott Reed, the
Republican lobbyist, to push for
an investigation.
Mr. Reed had boasted to other
lobbyists of his access to Mr.
McCain, three close associates
said. Mr. Reed “pretty much had
open access to John from 2000 to
at least the end of 2006,” one
aide said.
Lobbyist disclosure forms show
that Mr. Reed went to work for
the Saginaw Chippewa on Feb. 15,
2004, charging the tribe $56,000
over a year. Mr. Abramoff had
tried to steal the Pequots and
another tribal client from Mr.
Reed, and taking down Mr.
Abramoff would eliminate a
competitor.
Mr. Reed became the chief
conduit to Mr. McCain’s
committee for billing documents
and other information Mr.
Sprague was digging up on Mr.
Abramoff, Mr. Sprague said, who
said Mr. Reed “did a great to
service to me.”
“He had contacts I did not,” Mr.
Sprague said. “Initially, I
think that the senator’s office
was doing Reed a favor by
listening to me.”
A few weeks after hiring Mr.
Reed, Mr. Sprague received a
letter from the senator. “We
have met with Scott Reed, who
was very helpful on the issue,”
Mr. McCain wrote.
Information about Mr. Abramoff
was also flowing to Mr. McCain’s
committee from another tribe,
the Coushatta of Louisiana. The
source was a consultant named
Roy Fletcher, who had been Mr.
McCain’s deputy campaign manager
in 2000, running his war room in
South Carolina.
It was in that primary race that
two of Mr. Abramoff’s closest
associates, Grover Norquist, who
runs the nonprofit Americans for
Tax Reform, and Ralph Reed, the
former director of the Christian
Coalition, ran a blistering
campaign questioning Mr.
McCain’s conservative
credentials. The senator and his
advisers blamed that attack for
Mr. McCain’s loss to Mr. Bush in
South Carolina, creating
tensions that would resurface in
the Abramoff matter.
“I was interested in busting”
Mr. Abramoff, said Mr. Fletcher,
who was eventually hired to
represent the tribe. “That was
my job. But I was also filled
with righteous indignation, I
got to tell you.”
Mr. Fletcher said he began
passing information to John
Weaver, Mr. McCain’s chief
political strategist, and other
staff members in late 2003 or
January 2004. Mr. Weaver
confirmed the timing.
Mr. McCain announced his
investigation on Feb. 26, 2004,
citing an article on Mr.
Abramoff in The Washington Post.
He did not mention the action by
lobbyists and tribes in the
preceding weeks. His campaign
said no one in his “innermost
circle” brought information to
Mr. McCain that prompted the
investigation.
The senator declared he would
not investigate members of
Congress, whom Mr. Abramoff had
lavished with tribal donations
and golf outings to Scotland.
But in the course of the
investigation, the committee
exposed Mr. Abramoff’s dealings
with the two men who had helped
defeat Mr. McCain in the 2000
primary.
The investigation showed that
Mr. Norquist’s foundation was
used by Mr. Abramoff to launder
lobbying fees from tribes. Ralph
Reed was found to have accepted
$4 million to run bogus
antigambling campaigns. And the
investigation also highlighted
Mr. Abramoff’s efforts to curry
favor with the House majority
leader at the time, Tom DeLay,
Republican of Texas, a longtime
political foe who had opposed
many of Mr. McCain’s legislative
priorities.
Mr. McCain’s campaign said the
senator did not “single out”
Ralph Reed or Mr. Norquist,
neither of whom were ever
charged, and that both men fell
within the “scope of the
investigation.” The inquiry,
which led to guilty pleas by
over a dozen individuals, was
motivated by a desire to help
aggrieved tribes, the campaign
said.
Inside the investigation, the
sense of schadenfreude was
palpable, according to several
people close to the senator. “It
was like hitting pay dirt,” said
one associate of Mr. McCain’s
who had consulted with the
senator’s office on the
investigation. “And face it —
McCain and Weaver were maniacal
about Ralph Reed and Norquist.
They were sticking little pins
in dolls because those guys had
cost him South Carolina.”
Down on the Coushattas
reservation, bills related to
the investigation kept coming.
After firing Mr. Abramoff, the
tribe hired Kent Hance, a lawyer
and former Texas congressman who
said he had been friends with
Mr. McCain since the 1980s.
David Sickey, the tribe’s vice
chairman, said he was
“dumbfounded” over the bills
submitted by Mr. Hance’s firm,
Hance Scarborough, which had
been hired by Mr. Sickey’s
predecessors.
“The very thing we were fighting
seemed to be happening all over
again — these absurd amounts of
money being paid,” Mr. Sickey
said.
Mr. Hance’s firm billed the
tribe nearly $1.3 million over
11 months in legal and political
consulting fees, records show.
But Mr. Sickey said that the
billing statements offered only
vague explanations for services
and that he could not point to
any tangible results. Two
consultants, for instance, were
paid to fight the expansion of
gambling in Texas — even though
it was unlikely given that the
governor there opposed any such
prospect, Mr. Sickey said.
Mr. Hance and Jay B. Stewart,
the firm’s managing partner,
defended their team’s work,
saying they successfully steered
the tribe through a difficult
period. “We did an outstanding
job for them,” Mr. Hance said.
“When we told them our bill was
going to be $100,000 a month,
they thought we were cheap. Mr.
Abramoff had charged them $1
million a month.”
The firm’s fees covered the
services of Mr. Fletcher, who
served as the tribe’s spokesman.
Records also show that Mr. Hance
had Mr. Weaver — who was serving
as Mr. McCain’s chief strategist
— put on the tribe’s payroll
from February to May 2005.
It is not precisely clear what
role Mr. Weaver played for his
$100,000 fee.
Mr. Stewart said Mr. Weaver was
hired because “he had a lot of
experience with the Senate,
especially the new chairman,
John McCain.” The Hance firm
told the tribe in a letter that
Mr. Weaver was hired to provide
“representation for the tribe
before the U.S. Senate.”
But Mr. Weaver never registered
to lobby on the issue, and he
has another explanation for his
work.
“The Hance law firm retained me
to assist them and their client
in developing an aggressive
crisis management and
communications strategy,” Mr.
Weaver said. “At no point was I
asked by Kent Hance or anyone
associated with him to set up
meetings with anyone in or
outside of government to discuss
this, and if asked I would have
summarily declined to do so.”
In June 2005, the tribe informed
Mr. Hance that his services were
no longer needed.
Change in
Tone
After the Abramoff scandal, Mr.
McCain stopped taking campaign
donations from tribes. Some
American Indians were offended,
especially since Mr. McCain
continued to accept money from
the tribes’ lobbyists.
Resentment in Indian Country
mounted as Mr. McCain, who was
preparing for another White
House run, singled out the
growth in tribal gambling as one
of three national issues that
were “out of control.” (The
others were federal spending and
illegal immigration.)
Franklin Ducheneaux, an aide to
Morris Udall who helped draft
the 1988 Indian gambling law,
said that position ran contrary
to Mr. McCain’s record. “What
did he think? That Congress
intended for the tribes to be
only somewhat successful?” Mr.
Ducheneaux said.
Mr. McCain began taking a broad
look at whether the laws were
sufficient to oversee the
growing industry. His campaign
said that the growth had put
“considerable stress” on
regulators and Mr. McCain held
hearings on whether the federal
government needed more oversight
power.
An opportunity to restrain the
industry came in the spring of
2005, when a small tribe in
Connecticut set off a political
battle. The group, the
Schaghticoke Tribal Nation, had
won federal recognition in 2004
after producing voluminous
documentation tracing its roots.
The tribe wanted to build
Connecticut’s third casino,
which would compete with
Foxwoods and another, the
Mohegan Sun. Facing public
opposition on the proposed
casino, members of the
Connecticut political
establishment — many of whom had
received large Pequot and
Mohegan campaign donations —
swung into action.
Connecticut officials claimed
that a genealogical review by
the Bureau of Indian Affairs was
flawed, and that the
Schaghticoke was not a tribe.
The tribe’s opponents, led by
the Washington lobbying firm
Barbour Griffith & Rogers,
turned to Mr. McCain’s
committee. It was a full-circle
moment for the senator, who had
helped the Pequots gain tribal
recognition in the 1980s despite
concerns about their legitimacy.
Now, Mr. McCain was doing a
favor for allies in the
Connecticut delegation,
including Senator Joseph I.
Lieberman, a close friend,
according to two former
Congressional aides. “It was one
of those collegial deals,” said
one of the aides, who worked for
Mr. McCain.
Barbour Griffith & Rogers wanted
Mr. McCain to hold a hearing
that would show that the Bureau
of Indian Affairs was “broken,”
said Bradley A. Blakeman, who
was a lobbyist for the firm at
the time.
“It was our hope that the
hearing would shed light on the
fact that the bureau had not
followed their rules and had
improperly granted recognition
to the Schaghticoke,” Mr.
Blakeman said. “And that the
bureau would revisit the issue
and follow their rules.”
Mr. McCain’s staff helped that
effort by offering strategic
advice.
His staff told a lobbyist for
the firm that the Indian Affairs
Committee “would love to receive
a letter” from the Connecticut
governor requesting a hearing,
according to an e-mail exchange,
and offered “guidance on what
the most effective tone and
approach” would be in the
letter.
On May 11, 2005, Mr. McCain held
a hearing billed as a general
“oversight hearing on federal
recognition of Indian tribes.”
But nearly all the witnesses
were Schaghticoke opponents who
portrayed the tribe as
imposters.
Mr. McCain set the tone: “The
role that gaming and its
nontribal backers have played in
the recognition process has
increased perceptions that it is
unfair, if not corrupt.”
Chief Richard F. Velky of the
Schaghticokes found himself
facing off against the governor
and most of the state’s
congressional delegation. “The
deck was stacked against us,”
Mr. Velky said. “They were given
lots of time. I was given five
minutes.”
He had always believed Mr.
McCain “to be an honest and fair
man,” Mr. Velky said, “but this
didn’t make me feel that good.”
Mr. Velky said he felt worse
when the e-mail messages between
the tribe’s opponents and Mr.
McCain’s staff surfaced in a
federal lawsuit. “Is there a
letter telling me how to address
the senator to give me the best
shot?” Mr. Velky asked. “No,
there is not.”
After the hearing, Pablo E.
Carrillo, who was Mr. McCain’s
chief Abramoff investigator at
the time, wrote to a Barbour
Griffith & Rogers lobbyist,
Brant Imperatore. “Your client’s
side definitely got a good
hearing record,” Mr. Carillo
wrote, adding “you probably have
a good sense” on where Mr.
McCain “is headed on this.”
“Well done!” he added.
Cynthia Shaw, a Republican
counsel to the committee from
2005 to 2007, said Mr. McCain
made decisions based on merit,
not special interests.
“Everybody got a meeting who
asked for one,” Ms. Shaw said,
“whether you were represented by
counsel or by a lobbyist — or
regardless of which lobbyist.”
Mr. McCain’s campaign defended
the senator’s handling of the
Schaghticoke case, saying no
staff member acted improperly.
The campaign said the session
was part of normal committee
business and the notion that Mr.
McCain was intending to help
Congressional colleagues defeat
the tribe was “absolutely
false.”
It added that the senator’s
commitment to Indian sovereignty
“remains as strong as ever.”
Within months of the May 2005
hearing, the Bureau of Indian
Affairs took the rare step of
rescinding the Schaghticokes’
recognition. A federal court
recently rejected the tribe’s
claim that the reversal was
politically motivated.
Making an
Exception
That spring of 2005, as the
Schaghticokes went down to
defeat in the East, another
tribe in the West squared off
against Mr. McCain with its bid
to construct a gambling emporium
in California. The stakes were
similar, but the outcome would
be far different.
The tribe’s plan to build a
casino on a former Navy base
just outside San Francisco
represented a trend rippling
across the country: American
Indians seeking to build casinos
near population centers, far
from their reservations.
The practice, known as
“off-reservation shopping,”
stemmed from the 1988 Indian
gambling law, which included
exceptions allowing some casinos
to be built outside tribal
lands. When Mr. McCain began his
second stint as chairman of the
Indian Affairs Committee three
years ago, Las Vegas pressed him
to revisit the exceptions he had
helped create, according to Sig
Rogich, the Republican
fund-raiser from Nevada.
“We told him this
off-reservation shopping had to
stop,” Mr. Rogich said. “It was
no secret that the gaming
industry, as well as many
potentially affected communities
in other states, voiced
opposition to the practice.”
In the spring of 2005, Mr.
McCain announced he was planning
a sweeping overhaul of Indian
gambling laws, including
limiting off-reservation
casinos. His campaign said Las
Vegas had nothing to do with it.
In a 2005 interview with The
Oregonian, Mr. McCain said that
if Congress did not act, “soon
every Indian tribe is going to
have a casino in downtown,
metropolitan areas.”
Prospects for the proposed
California project did not look
promising. Then the tribe, the
Guidiville Band of Pomo Indians,
hired a lobbyist based in
Phoenix named Wes Gullett.
Mr. Gullett, who had never
represented tribes before
Congress, had known Mr. McCain
since the early 1980s. Mr.
Gullett met his wife while they
were working in Mr. McCain’s
Washington office. He
subsequently managed Mr.
McCain’s 1992 Senate campaign
and served as a top aide to his
2000 presidential campaign.
Their friendship went beyond
politics. When Mr. McCain’s
wife, Cindy, brought two infants
in need of medical treatment
back to Arizona from Bangladesh,
the Gulletts adopted one baby
and the McCains the other. The
two men also liked to take
weekend trips to Las Vegas.
Another of Mr. McCain’s close
friends, former Defense
Secretary William S. Cohen, was
a major investor in the
Guidivilles’ proposed casino.
Mr. Cohen, who did not return
calls, was best man at Mr.
McCain’s 1980 wedding.
Scott Crowell, lawyer for the
Guidivilles, said Mr. Gullett
was hired to ensure that Mr.
McCain’s overhaul of the Indian
gambling laws did not harm the
tribe.
Mr. Gullett said he never talked
to Mr. McCain about the
legislation. “If you are hired
directly to lobby John McCain,
you are not going to be
effective,” he said. Mr. Gullett
said he only helped prepare the
testimony of the tribe’s
administrator, Walter Gray, who
was invited to plead his case
before Mr. McCain’s committee in
July 2005. Mr. Gullett said he
advised Mr. Gray in a series of
conference calls.
On disclosure forms filed with
the Senate, however, Mr. Gullett
stated that he was not hired
until November, long after Mr.
Gray’s testimony. Mr. Gullett
said the late filing might have
been “a mistake, but it was
inadvertent.” Steve Hart, a
former lawyer for the
Guidivilles, backed up Mr.
Gullett’s contention that he had
guided Mr. Gray on his July
testimony.
When asked whether Mr. Gullett
had helped him, Mr. Gray
responded, “I’ve never met the
man and couldn’t tell you
anything about him.”
On Nov. 18, 2005, when Mr.
McCain introduced his promised
legislation overhauling the
Indian gambling law, he left
largely intact a provision that
the Guidivilles needed for their
casino. Mr. McCain’s campaign
declined to answer whether the
senator spoke with Mr. Gullett
or Mr. Cohen about the project.
In the end, Mr. McCain’s bill
died, largely because Indian
gambling interests fought back.
But the Department of Interior
picked up where Mr. McCain left
off, effectively doing through
regulations what he had hoped to
accomplish legislatively. Carl
Artman, who served as the
Interior Department’s assistant
secretary of Indian Affairs
until May, said Mr. McCain
pushed him to rewrite the
off-reservation rules. “It
became one of my top priorities
because Senator McCain made it
clear it was one of his top
priorities,” he said.
The new guidelines were issued
on Jan. 4. As a result, the
casino applications of 11 tribes
were rejected. The Guidivilles
were not among them.