Cunningham's greatest legacy is not personal corruption

By: JOE HOWARD CREWS | Saturday, July 16, 2005 8:00 PM PDT

Rep. Randy "Duke" Cunningham's most monumental lifetime achievement will not be his heroic military service in Vietnam. It will not be scandalous personal greed as a war profiteer; that is peanuts. The most enduring legacy will be a battle he mightily championed and won in Congress, a victory which affects every child who will ever be born in this country.

True, this greatest achievement was a collective one, which he must share with his fellow Republican House members. It was Duke, however, who displayed a particularly virile stamina in a fight to a finish, a fight like no other in the 225-year history of the House of Representatives. Without the uncommon performance of Cunningham, this battle likely would have been lost, and the future of the nation would have been quite different.

It was on the night of Nov. 21, 2003, on the floor of the House. A monumental bill was coming up. But this was to be no ordinary battle, for this was no ordinary bill. Hanging in the balance was the future of the nation ---- the future of its fiscal solvency and the future of the health of its people.

It was already past midnight. Imagine Congress conducting business past midnight, with all 435 members present. Even a member of the president's cabinet was present. This was a national crisis in the making. So what was going on here? Why weren't these congressmen home already, sweetly rocking in their yachts, sleeping off hangovers after schmoozing with corporate lobbyists and dreaming about new deals?

This wasn't about the president's war. This was more serious, because more money was at stake. Yes, it was that big. The Medicare Prescription Drug bill had finally come to a vote. And it looked to go down in defeat. That's when Republican leaders began the midnight massacre. "They violated parliamentary procedure, twisted arms and perhaps engaged in bribery to persuade skeptical lawmakers to change their votes ... in the dead of the night," wrote Paul Krugman.

They zeroed in on Rep. Nick Smith, an honorable Republican from Michigan, who indicated he would vote against the bill. The attack that ensued was graphically described by journalist Bob Novak: "Nick Smith was told business interests would give his son $100,000 in return for his father's vote. When he still declined, fellow Republican House members told him they would make sure Brad Smith never came to Congress. After Nick Smith voted no and the bill passed, (Rep.) Duke Cunningham of California and other Republicans taunted him that his son was dead meat."

Cunningham won: The deeply flawed Medicare bill passed by 220-215. A record two-hour-and-51-minute vote approved the worst financial and medical disaster legislation in our history. It was 6 a.m., Nov. 22.

Cunningham's toughness helped create an $8 trillion obligation, without figuring out how to pay for it. The cumulative national debt when Bush as elected in 2000 was less than $6 trillion. Medicare was so greatly complicated that many seniors find it almost useless. The greatest benefactors were the pharmaceutical and health care corporations ---- and of course, members of Congress, in campaign contributions from these corporations.

Cunningham's personal scandals involve only a few millions dollars. The Medicare scam involves trillions. The biggest losers will be every child born in America, who will face an immediate tax burden of about $150,000. "Duke" Cunningham's greatest legacy is doubling the "birth tax."

Joe Howard Crews lives in Fallbrook.

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