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HORNSTEIN_FINALMENTE.DOC

11/12/2003 3:26 PM

1102

JOURNAL OF GENDER, SOCIAL POLICY & THE LAW

[Vol. 11:3

members of Congress on both sides of the aisle, have all

enthusiastically used other people’s money

representation.91 Hutchison, David

On the Senate side, Orrin Durenburger, Bob Packwood,

to pay for legal Hatch, Kay Bailey Alan Cranston, Joe

Biden, and Al D’Amato are among those who have established trusts to collect representation.92

current and former senators donations to pay for legal

Former Senators Bob Packwood and Brock Adams used their funds

to defend Hutchison stemming

against sexual harassment charges.93

Texas Senator

used her legal expense fund to

defend against charges

from

her

tenure

as

state

treasurer

of

Texas.

94

Representative Wes Cooley used campaign money to pay lawyers to rebut media reports he fabricated his war record.95 Former House Speaker Newt Gingrich used campaign funds to pay his lawyers hundreds of thousands of dollars at the rate of $250 an hour to defend him against ethics charges.96 Members of Congress have paid well over a million dollars of other people’s money to guarantee their

own

access

to

equal

justice.97

Former

Gingrich

spokesperson,

Tony

Blankley,

in

response

to

his

former

e m p l o y e r s

legal

problems

and

use

of campaign funds to justice is not cheap.”98

pay legal Members

counsel, pointed out of Congress, however,

the “price of are not alone

in their Clinton through

use of other people’s money to gain access to justice. Bill and Hillary Rodham Clinton raised large sums of money the use of a legal defense fund to pay their lawyers.99

91. Id. at 153-54; Viveca Novak, Paying Lawmakers’ Legal Eagles, ORLANDO SENTINEL, Nov. 28, 1993, at G-1; Scott Sonner, Cooley’s Campaign Funds Can Be Used For Legal Fees, PHILADELPHIA INQUIRER, June 28, 1996, at A-12 (allowing funds to rebut media reports, but not for criminal defense).

92. See Carter, supra note 77, at 153-54 (noting that these funds have become common).

93. See id. at 168 (stating that all legal defense fund expenditures be connected to either the administration of the fund or to legal defense).

94. Id.

95. Congressman Indicted on Charge of Lying About Service in Korea, N. Y. TIMES, Dec. 12, 1996, at A29 (reporting that the Representative was indicted on charges that he lied about his service record on official voters’ pamphlets).

96. Inadmissible: Newt’s Fees, LEGAL TIMES, Aug. 14, 1995, at 3 (explaining that Gingrich’s charges include using a non-profit organization to fund a college course and signing a book deal with a company that has significant issues before Congress).

97. Berkman, supra note 77, at A1 (stating that the total amount raised for Congress was nearly $6 million).

98. Mary Jacoby, Ethics Case Costs Gingrich $120,000 in Attorney’s Fees, ROLL CALL, Aug. 10, 1995, at 1.

99. See Carter, supra note 77, at 153; Stephen Labaton, Clinton Defense Fund Is Shrinking Rapidly, N.Y. TIMES, Feb. 28, 1997, at A4 (adding that Whitewater expenses were more than $2 million).

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