Some DUers have sent very kind and encouraging words to me, regarding my activities relating to Halliburton.
Most people skim this letter that I sent to Senators Byrd and Rockefeller, and ignore the footnotes:
http://www.HALwhistleblowers.org/#byrdletterhttp://www.bushbunglesbrigade.org/#byrdletterFootnote 5 is a must-read.
As I wrote to Senators Byrd and Rockefeller, I very much "regret that I" didn't "share the details" of my conversation with Mr. Clark (Deputy Chief of the Fraud Section of the DOJ's Criminal Division) with the MSM back in 2004. As I wrote to the Senators: "Therein lies a tale unto itself – and one that I would gladly share with you."
And now, as my own personal way to mark the "Ides of October," here are the basics of that back story:
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1. I received the mis-directed e-mails discussed in my "Byrd letter" shortly before the Christmas holidays of the year in question. I worked for Halliburton/KBR's Government Proposals Group from August 2001 until April 2003.
2. My partner and I rotate where we spend Christmas each year: one year with his family, one year with mine, one year is our "floater" year.
3. That year, we were due in West Virginia (my family). Only a few weeks had passed since I received the mis-directed e-mails, intended for David R. Smith, VP of Tax at Halliburton.
4. As she is wont to do, Mom asked me, "How's work?" Usually, this plays out in a predictable pattern: "Work is work. It's the holidays. The last thing I want to talk about is work. Can we *please* discuss anything other than work?" It's pretty much a set piece, with well-rehearsed lines on both sides. ; )
5. But that particular Christmas, I was still bothered by what had just gone down at work, and was eager to share. So, just to throw her for a loop, I said, "Actually, I have a helluva whaleuva tale to tell you. If you make me a pot of your 'chicken 'n dumplins,' I'll tell it to you."
6. She was duly surprised, stammering out, "I'm not even sure I have all the ingredients." Once I had my pot, I sang for my supper. Mom was incensed when she heard the story, but once she calmed down, she agreed, reluctantly, that I should probably just keep it to myself (I needed to keep my medical insurance; Crohn's). The rest of that holiday visit was relatively uneventful.
7. Fast forward to early July 2004, a couple of years later. I was folding laundry on a Sunday, much like today. I was halfway listening to Mom on the phone. She was bellyaching about a campaign event that she *had* to go to. She hates politics, but enjoys public policy: "I don't care what they label themselves; just do their job." Usually, she tries to beg off from going to these sorts of political events. But, as she explained to me while I folded laundry and halfway listened, "I can't get out of this one. It's the Kerry campaign stop."
8. My stepdad's two best friends in high school were Congressman Nick Joe Rahall and the Mayor of Beckley, WV. My stepdad sits on Beckley City Council. As such, he'd been given "VIP tickets" to the Kerry/Edwards campaign stop in Beckley, which took place at the Raleigh County Memorial Airport.
9. As my mom explained that Sunday, "The one redeeming factor is that Teresa Heinz Kerry is supposed to be there, too. I don't agree with everything she says, but I admire that she speaks her mind, and doesn't play the role of the dutiful politician's wife. She has her own opinions, and isn't shy about sharing them."
10. I put in my time that Sunday, wished her well for her upcoming campaign event, and rang off, pretty much forgetting about it.
11. The campaign event in question took place on July 9, 2004, in Beckley, WV:
http://www.google.com/search?hl=en&lr=&q=kerry+edwards+beckley+raleigh+county. Mom never mentioned anything about it.
12. On July 22, 2004, I got home from work. My partner and I were celebrating 10 years together that day, so I was in a hurry to change, open my mail, and check my voicemail before he got home, so I'd be ready to go out.
13. On my voicemail system, I had a strange message. The caller introduced himself as Jonathan Winer, and explained that he had served for years as legal counsel to Senator Kerry on The Hill. He said he would like to discuss a conversation that a "member of the Kerry campaign" had recently with my mother; he mispronounced her name.
14. My first reaction, as I was multitasking during this first listen-through, was that one of my college roommates or friends was pulling my leg. Several knew that I had worked for Halliburton for a time. I figured one of them, knowing that a general election always gets me excited, had disguised his voice and was pulling a prank.
15. During my second listen-through, I focused my attention on the caller's voice - trying to figure out which of my college pals was trying to put one over on me. Since I still knew people at Halliburton/KBR who had access to Dick Cheney's signature as a JPEG, I was already plotting on sending my prankster pal a "Report to GITMO" letter, "signed" by the Veep. During this second listen-through, I grew more perplexed. The caller's voice sounded too old to be any of my college pals.
16. During the third listen-through, I stopped everything else, and listened to the content and the voice. Suddenly, that one brain cell in the back of my head screamed, "OH MY GOD! She didn't!!!"
17. Suddenly, the conversation of a couple Sundays prior came back to me: Mom, lamenting the necessity of going to a political event, but finding the silver lining in the prospect of meeting Teresa Heinz Kerry.
18. I saved the voicemail message, hyperventilated for a minute, then picked up the phone to call my mom:
"Hello?"
"Mom, is there something you need to tell me?"
"Um, I don't think so, why?"
(Strike One)
"Did you have a conversation with someone in the Kerry campaign that maybe you ought not to have?"
"Why do you ask?"
(Strike Two)
"Because I (expletive deleted) have a (expletive deleted) voicemail that suggests that maybe you (expletive deleted) did!"
(I hardly ever curse with my mom around.)
"Wellllllllll..." (and for a moment, I swear that she channeled Samantha from Bewitched, when caught doing magic; it sounded just like it)
19. That was all I needed to hear. That tacit admission meant that the voicemail was for real. "Mom, I need you to tell me exactly what happened. Before I even think about calling this guy back, I need to know exactly what went down."
20. As she related it to me: when the Kerry-Edwards campaign arrived, the local VIPs were invited to greet them, in a room at the airport (which is very small). This pre-rally reception lasted for maybe 20 or 30 minutes. Mom said that many of the local women were hanging back, afraid of Teresa Heinz Kerry, or unsure of the protocol.
21. My mom has never met a stranger. She's gregarious. "David, I was afraid she was going to leave, and think we were all local yokels."
22. So, she went up to Mrs. Heinz Kerry, and started chatting her up. Mom asked her whether she was enjoying the campaign, whether she was enjoying seeing parts of the country she might never have otherwise seen, whether her children were enjoying the campaign - and then, as mothers are sometimes wont to do, she segued.
23. Mom started talking about her own three children, about how her oldest went to Harvard and got a degree in Government, and about how he had once worked for Halliburton. "And, oh, by the way..."
24. Leading into the story I had told her, in her kitchen, for what turned out to be the most expensive pot of 'chicken 'n dumplins' I've ever had in my life.
25. Mom recounted the story in front of Mrs. Heinz Kerry's scheduler.
26. Apparently, after the entire event - including the rally out front of the airport building - was over, Mrs. Heinz Kerry and her scheduler repeated the story on the campaign plane.
27. In the intervening 13 days between July 9, 2004 (the campaign event) and July 22, 2004 (the day I got the voicemail), I have reason to believe that my bona fides were checked out. Harvard? Check. UMWA Scholar? Check. Byrd Scholar? Check. Etc., etc., etc.
28. So, by the time that Mr. Jonathan Winer picked up the phone to leave me a voicemail, I had been vetted to the point of being worth the follow-up.
29. Once Mom filled me in, it was pretty obvious that she'd gotten caught up in the moment, and had maybe even thought better of what she'd done afterwards. Hence, no heads-up from her, and no mention of the event, before I got the voicemail from Winer.
30. At this point, she began expressing concerns over whether this would have a negative impact on me at work. "A little late for that now," I thought, but I reassured her that it would be OK.
31. We rang off. I was one beer in and positively agitated when my partner walked in from work (I'm usually a pretty laid-back, low blood pressure kinda guy). He could tell something was wrong, and - being our anniversary - he assumed it had something to do with that.
32. When I brought him up to speed, he could only laugh. "That's some anniversary present your mom gave us this year, huh?"
33. I didn't think it was funny at all. "What should I do?" I asked him.
34. "Well, you're the one who's always quoting Edmund Burke - all that is necessary, blah, blah, blah, remember?"
35. Boy, did that come back to bite me in the ass. "I know that, but what do you think I should do?"
36. Not to be pinned down, he threw it back on me: "That's not important. What do *you* think you should do?"
37. "Well, I guess there's no harm in at least calling Mr. Winer back, and hearing him out."
38. "Sounds reasonable to me. Why don't we postpone our dinner plans, and you call him?"
39. Draining that beer, I picked up the phone, and listened to the voicemail again, transcribing the callback number (local to DC, I noticed).
40. When we were connected, Mr. Winer was at pains to establish *his* bona fides. As he explained who he was, I muted the phone and Googled him. Everything he told me checked out. Mr. Winer was very adamant that the campaign could not - and would not - get involved in politicizing an ongoing investigation. However, he said, he happened to know the DOJ attorney heading up the Halliburton investigation that related to the mis-directed e-mails, and could - with my permission - give him a call to let him know I was prepared to discuss them. He believed my knowledge of these e-mails and their contents could help the DOJ.
41. During our conversation that evening (Thursday, July 22, 2004), Mr. Winer made several comments to the effect that the DOJ attorney in question, a Mr. Peter Clark, had expressed frustrations over the Halliburton case. I was given to understand that besides the company's stonewalling, Mr. Clark was also feeling pressure from higher up in the DOJ to back off. At no point during our initial phone call did Mr. Winer tell me where Mr. Clark sat in the DOJ hierarchy. When he asked me for my permission to give my name and number to Mr. Clark, I said, "Sure, go ahead."
42. I never imagined that the call would come so soon. The very next morning, Friday, July 23, 2004, my phone rang during the 7 - 8 hour, while I was getting ready for work. Being a coal miner's kid, the phone ringing this early can only mean one thing: bad news. I picked up the phone, heart already racing. "Hello?!?"
43. That conversation is recounted in my letter to Senators Byrd and Rockefeller:
http://www.halwhistleblowers.org/#byrdletter44. As recounted in that letter, I received another call from Mr. Clark later that same day: "He informed me that following the morning phone call, FBI agents showed up in both Arlington, Virginia and Houston, Texas, demanding copies of both my e-mail account’s backups, and the other David Smith’s. At this time, Mr. Clark informed me that his team of investigators had been stymied at almost every turn up until this point – hinting that the obstruction was coming from the Administration itself. He informed me that I was free to share the details of our conversation (and of the FBI activities resulting from those conversations) with anyone I chose – including, he said very pointedly, the media."
45. That afternoon phone call came while I was in a meeting. I had to excuse myself to take it, when I saw the Caller ID. After it was over, I went back into the meeting, said I had received some serious news, and needed to take the rest of the afternoon off. "Be back Monday," I said.
46. By the time my partner got home that Friday, I was three beers in (I'm a lightweight, so I was also three sheets). He took one look at me, grinned, and said, "Long day at the office?"
47. Once I brought him up on the latest developments, I re-visited the very pointed instruction that I was free to run to the media with the story. "It almost seems like they're hoping this will break wide open, and force the higher-ups to back off," I said. "But I don't like the idea of running to the media with my hair on fire, saying, 'Look what I've got!' If they (meaning the campaign and/or the DOJ) want to leak it, they're in a much better position than I to do so. Then, if the media calls me to confirm, I can and will do so. Besides, they're in a better position than I to time this to their maximum benefit. My guess is it could become an October Surprise."
48. So, between July 2004 and October 2004, we lived in perpetual dread that one day, we'd turn on the radio or the TV, to hear or see something about it.
49. When October came and went, I was mystified.
50. On Wednesday, November 3, I have an e-mail to Mr. Winer and to Mrs. Heinz Kerry's scheduler, which reads:
"Just a quick note to say that lots of people out here are very proud of how
the campaign was conducted, and we're very proud that Senator Kerry is
waiting for the votes to be counted in Ohio. Please don't listen to the
armchair quarterbacks who second guess how the campaign was run. You guys
did an incredible job.
Thank you for everything you did to help the Senator and his family on the
trail. I caught Vanessa Kerry on one of the news channels last night, and
she is an amazingly articulate advocate for her father.
Please don't hesitate to contact me if there is anything at all that I can
do to help, and please continue to urge the Senator to hang in there and let
the counting continue in Ohio. I took the day off from work weeks ago (Gov
Geek that I am, I knew I'd be wiped the day after the election).
Good luck, be safe, get some rest, and above all, thank you!
- Dave"
51. The reply I received from Mrs. Heinz Kerry's scheduler:
"Thank you for all of your efforts david, your spirit was always strong as we must remain. Thank you for all your correspondence. My personal email is
(redacted). And I will now be reachable there. Keep fighting the good fight. Thank you, (redacted)"
And that, Ladies and Gentlemen, is why I will support Senator Kerry with every fiber in my being, should he decide to run in 08. As a former prosecutor himself, he took the high road, and chose not to politicize an ongoing investigation that was at a critical phase. For this high-minded approach, Senator Kerry paid a very heavy price.
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52. Earlier this year, I began receiving threats, right around the time I contacted Halliburton with my allegations:
"Wait until 'Dave' finds out about Smith and Wesson." (April 13, 2006)
"Sonny, you are in way over your head. Chill before you really lose something important." (April 13, 2006)
53. I immediately contacted the DOJ/FBI, as instructed.
"Mr. Smith,
One of us will call you today, along with an FBI agent. Will you be available?
Regards,
(redacted)"
So, there you have it. The back story, which I plan to tell Congress, proudly and with head held high. And I take my hat off to the many Democratic staffers - and a few GOP ones - who have created a safe environment within which Halliburton whistleblowers can tell their stories.
- David A. Smith, Editor of HALwhistleblowers.org and BushBunglesBrigade.org
(not to be confused, ever again, for David R. Smith, VP of Tax at Halliburton)