Ensign pays staff legal bills in ethics probe

WASHINGTON -- Sen. John Ensign has made payments in the past month to attorneys for members of his staff who have been pulled into an investigation of his ethics conduct.

Documents filed Thursday with the Federal Election Commission show checks were cut to three law firms not previously associated with investigations into allegations Ensign broke ethics laws in an attempt to cover up an extramarital affair.

Ensign, R-Nev., was flying to Las Vegas on Thursday night and aides said he could not be reached for comment.

In a statement issued through a spokeswoman, Ensign confirmed the payments were to lawyers representing aides who had retained counsel after being approached by authorities.

"Senator Ensign's campaign is paying for the legal bills accrued by staff as a result of cooperating with the ongoing ethics investigation," spokeswoman Jennifer Cooper said.

"Senator Ensign felt strongly that his staff should not be shouldered with the financial burden of this investigation and was told by the Senate Ethics Committee that the only way he could assist in paying for staff legal fees was through the campaign, not through personal or legal defense funds."

Cooper declined to detail the payments further, to identify the staffers, or to disclose how many were being assisted. She said it was to protect their privacy.

So it was not entirely clear whether the aides work for Ensign now, or whether any are former employees. It was also unclear how many he has offered to assist or whether anyone turned him down.

Also unknown is whether any offer of aid had been extended to staffers who at the time were at the National Republican Senatorial Committee where he was chairman in 2007 and 2008.

It was during that time Ensign has acknowledged having a nine-month affair with Cindy Hampton, a campaign aide, family friend and wife of his then-administrative assistant Doug Hampton.

The development is further evidence of how fallout from the extramarital relationship has rippled among Ensign's associates in Washington and Nevada. For Capitol Hill aides, most of whom are paid well below six figures, getting entangled in a legal mess and having to hire white-collar lawyers can be financially crippling.

Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington, said the FEC issued an opinion several years ago declaring it was permissible for a lawmaker to pay staff legal fees out of campaign donations.

While it's legal, Sloan said the practice creates situations that could be ripe for conflicts of interest.

"It undermines the credibility of the staffer who has his fees paid for by John Ensign because he knows where his bread is buttered," Sloan said. "Sadly it has become more usual."

The new FEC report, which details the activity of the "Ensign For Senate" campaign committee from April through June, showed payments to three law firms new to the Ensign case. They include:

■ A $495 payment to Washington attorney Bernadette Sargeant on June 22.

■ A $2,500 payment on June 22 to Gray Plant Mooty, a Minneapolis-based firm with a white-collar defense branch in the capital.

■ A $5,000 payment on June 24 to Katten Muchin Rosenman, a Chicago-based firm.

Representatives of the firms could not be reached for comment Thursday night. Efforts to match them to Ensign aides who have been tied publicly to the investigations were not successful.

In May, Ensign established a fund to raise money for his own legal defense in dual investigations being conducted by the Senate Ethics Committee and the Justice Department. Ensign has retained attorneys from three prominent firms to handle aspects of his case.

Queried this week, Ensign said he is preparing to send out a letter to political supporters soliciting donations for his legal defense.

Investigators are reported to be looking into Ensign's conduct in his relationships with the Hamptons during and after the affair.

It has been reported that Ensign contacted several Nevada businesses in spring 2008 to line Hampton up as a lobbyist as a way to cushion his impending departure from Ensign's staff. It has been alleged he then directed his staff to work on issues important to Hampton's lobbying clients.

If true, investigators are attempting to determine whether Ensign broke a federal law that forbids certain high-paid Senate staffers from lobbying for a year after they leave their Capitol Hill jobs.

Ensign has acknowledged helping Hampton find work as he has done for others, but has insisted he violated no laws or Senate conduct rules.

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760.