Oh, Pleas: GOP chair favorite McDonald’s Rizzolo problem

Former City Councilman Michael McDonald will be the first to tell you he’s never been charged with a crime. That alone may qualify him to become the Nevada Republican Party’s next chairman.

McDonald is the favorite for the job, vacated by the resignation of Amy Tarkanian. The fact McDonald is still interested in politics after all the battering he’s absorbed over the years makes me suspicious of his mental status.

McDonald has been investigated by ethics commissions, the FBI, IRS, and Metro. And he survived. (Although, come to think of it, the bad news did drive him from office.)

McDonald, a former cop, left his City Council spot battered and bruised following a withering ethics investigation that did nothing for his reputation. Although his political enemies called him a bad guy with shady friends such as ousted topless cabaret boss and organized crime associate Rick Rizzolo, McDonald can say with confidence that he survived all the intense scrutiny without incident.

And the scrutiny came courtesy of the FBI, IRS, and Metro. For all I know, even his family dog was under suspicion by Clark County Animal Control.

These days, McDonald enjoys something of a personal political renaissance. During the recent Republican presidential caucuses, he turned up at events for Newt Gingrich and Rick Santorum. He also was visible on national television in his American flag tie at the special after-dark caucus at the Adelson private school.

But the trouble with having been a sitting City Councilman and a friend of Rizzolo is simple: You generate plenty of enemies and, if you’re not really careful, enough negative press clippings to fill a footlocker. That’s what some folks call political baggage. McDonald has enough to clog the D Gate at McCarran Airport.

Although it was a brief encounter back in October 2008, the deposition McDonald gave in the litigation of Kirk and Amy Henry against Rick Rizzolo and former wife Lisa Rizzolo is an example of the baggage. The deposition isn’t damning so much for what it says, but for how McDonald responded to the questions of Henry attorney Donald Campbell. The Henrys are suing the Rizzolos to recover the $10 million the topless mogul agreed to pay them to settle a civil claim after Kirk Henry was crippled and nearly killed in a beating outside the Crazy Horse Too topless club.

In short, McDonald pleaded the Fifth Amendment against self-incrimination. By my count, he took the Fifth 10 times in 10 pages of transcribed deposition.

That’s not a record, but that also doesn’t make McDonald appear he had nothing to hide in connection with what he might know about where the Rizzolos stashed any money and merchandise that might benefit the Henrys.

Here’s an excerpt from the deposition:

Campbell: The reason why you have been subpoenaed to give testimony here is because we are suing Rick Rizzolo and Lisa Rizzolo. And we are further seeking discovery concerning possible conspirators that may have conspired with them to engage in a fraudulent transfer of assets.

In that regard, I’m going to ask you as to when was the last time you spoke to Rick Rizzolo?

McDonald: Based on my advice from my attorney, sir, I’ll be taking the Fifth Amendment.

Campbell: When was the last time that Mr. Rizzolo gave you any money?

McDonald: Based on the advice from my attorney, I will be invoking my Fifth Amendment privilege.

Campbell: When was the last time that you ever accepted any article of personal property from Mr. Rizzolo –

McDonald: Based –

Campbell: -- for safekeeping?

McDonald: Sorry. Based on the advice from my attorney, sir, I will be invoking my Fifth Amendment privilege.

Campbell: When was the last time that you met with, personally met with Mr. Rizzolo?

McDonald: Based on the advice from my attorney, sir, I will be invoking my Fifth Amendment privilege.

Campbell: When was the last time you personally met with Mrs. Rizzolo?

McDonald: Based on the advice from my attorney, sir, I will be involving my Fifth Amendment privilege.

Campbell: Have you conducted any financial transaction for the benefit of either Rick or Lisa Rizzolo at any time?

McDonald: Based on the advice from my attorney, sir, I will be invoking my Fifth Amendment privilege.

You get the idea. Campbell asked hard questions. McDonald, as is his right, invoked the Fifth Amendment and ducked answering them.

That’s the way the game is sometimes played in civil proceedings.

But Michael McDonald won’t be able to plead the Fifth in his new role as chairman of the state Republican Party.

Although after listening for months to some of the answers given by the GOP’s presidential hopefuls, that might not be such a bad strategy.