Doolittle might ignore subpoena

The expected refusal of subpoenas by Rep. John Doolittle (R-Roseville) and 12 other congressmen to testify in a bribery trial could end up as a constitutional issue.

Doolittle said Thursday that the general counsel of the House advised the 13 congressmen they do not have to answer the subpoenas in the Oct. 2 trial of Brent Wilkes.

The Southern California businessman faces charges of bribing former Rep. Randy "Duke" Cunningham of San Diego to get federal contracts steered to his companies. Cunningham pleaded guilty to taking $2.4 million in bribes from Wilkes and others in 2005, and is serving an eight-year prison term.

Contributions from Wilkes and his wife totaled $15,000 to Doolittle's campaigns in recent years, according to a Sacramento Bee report this week. It came at a time when the congressman's wife, Julie, was her husband's political fundraiser and entitled to 15 percent of the contribution.

The congressman did not refute the article in a conference call with Northern California media Thursday.

The 4th District congressman who represents most of Nevada County referred to Wilkes as a friend in past Bee interviews and said he put earmarks into federal funding bills to help Wilkes' companies.

But Doolittle said he doesn't think he will have to testify at Wilkes' trial.

"This is about protecting the separation of powers and Congress," Doolittle said. "There has to be some showing of the relevance of this and they declined to do that."

The attorney for Wilkes, Mark Geragos, has not returned phone calls to the Associated Press and it has not been made clear what information he wants out of the congressmen. Doolittle said that lack of discovery information from Geragos is what prompted the House counsel to tell them to ignore the subpoenas.

The situation could turn into "a Constitutional battle," Doolittle said, about Congress members' acceptance or denial of subpoenas.

Meanwhile, Doolittle said the defense fund he has set up for himself and his wife involving the ongoing Jack Abramoff case is growing. Abramoff is in prison after being convicted of illegal lobbying.

For doing work for Abramoff, Julie Doolittle had her home office raided by the FBI in April as part of the investigation into his actions. Doolittle stepped down from his post on the powerful House Appropriations Committee right after.

The congressman also referred to Abramoff as a friend, and has intervened for him on behalf of his Indian tribe clientele.

A close 2006 congressional race had Doolittle beating Charlie Brown of Roseville by 9,000 votes and he has now become politically vulnerable in a district he has served for 17 years.

A crowd of about 100 supporters met Brown in Grass Valley recently and he is the apparent leader for the Democratic nomination for Doolittle's seat in the June 2008 primary. Doolittle also faces competition within the GOP from Assemblyman Ted Gaines of Roseville, Air Force reservist Eric Egland and Auburn City Councilman Mike Holmes.

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The Associated Press contributed to this article.

To contact Senior Staff Member Dave Moller, e-mail davem@theunion.com or call 477-4237.