Kenneth Elder's Blog

The View From Philly

Magid’s fundraiser could affect Meehan campaign

Laurie Magid, the interim replacement for gubernatorial hopeful and former U.S. Attorney Pat Meehan, was replaced this past weekend. Her place was taken by Michael L. Levy, who previously served as interim U.S. Attorney between April and September in 2001. Magid replaced Meehan when he stepped down as to focus on his political aspirations.

She had previously worked with Meehan when he was a District Attorney in Delaware County, and she is coming under media fire for her supposed friction with colleagues, as well as fundraising practices that may be in breach of the Hatch Act.

According to The Philadelphia Inquirer, Magid drew criticism from her colleagues when she tried to fold the Organized Crime Strike Force into a larger unit that focuses on drug dealing and gang violence. The Justice Department overruled her decision. To add insult to injury, her replacement has supposedly worked for years in the same Strike Force that Magid tried to restructure.

The Justice Department has also probed a fundraising event that Magid held for Meehan. The Justice Department is concerned that a $250-a-person fundraising dinner for her old boss may have violatied the Hatch Act, which restricts political activity by federal employees.

Despite the talk, it is questionable whether or not Laurie Magid lost the position due to these conflicts with the Department of Justice.

Although Levy has spent years working with the Organized Crime Task Force, which Magid tried to fold into a larger organization, and although her fundraising dinner smacks of partisan political campaigning by a federal employee who should be strictly non-partisan, there is no indication by the Department of Justice that this is why she has stepped down.

In other words, Magid may not have done anything wrong.

The Hatch Act does not explicitly forbid politicians from fundraising. In a carefully crafted answer to frequently asked questions about the Hatch Act on its Web site, the Office of Special Counsel—which advises federal employees about activities that are allowed by the Hatch Act—says that “an employee is allowed to organize a fundraiser, including supplying names for the invitation list, as long as he or she does not personally solicit, accept, or receive contributions.”

The Inquirer reports that colleagues close to Magid cleared the fundraiser with the Office of Special Counsel

So while Magid’s fundraiser reeks of shadiness, it is not necessarily forbidden by the Hatch Act, provided that she kept her hands clean.

This certainly leaves the Department of Justice with an important investigation. The outcome could be a factor in Meehan’s campaign. Considering his message about fighting corruption, Meehan’s fundraising practices need to be kept squeaky clean

So two questions that will be crucial to Meehan and Magid are:

1. Did Laurie Magid personally solicit contributions?

2. Who sent out the invitations?

Whether or not she did anything wrong, it is surprising that someone like Laurie Magid, who has an M.B.A. from Wharton and a wealth of experience as a prosecutor, would dance such a fine line, taking a huge risk by inviting more than 20 federal employees to a fundraiser when legislation is clearly designed to caution U.S. Attorneys against doing so.