The Trials of David Durenberger

By Hays Gorey

Except for passing up a pay raise, there is nothing the Senate abhors more than sitting in judgment of one of its own. But unless Minnesota's errant Republican David Durenberger resigns in the next few weeks, the "world's most exclusive club" will soon face a wrenching choice: oust him or appear to condone repeated instances of rule evasion and lawbreaking.

Durenberger, 55, until recently was best known in Washington for a troubled domestic life and an erratic voting record that hewed to his party's line only about half the time. But in 1988, as he campaigned successfully for re- election, questions arose about a $100,875 book-promotion arrangement that apparently enabled him to skirt Senate rules limiting outside income.

Other charges soon surfaced: Durenberger accepted (and failed to report) free limousine transportation during personal travel, converted a $5,000 campaign contribution to his own use, charged the Senate for several stays in a Minneapolis condominium he owned, and used Senate office-building space to make speeches for pay. Next week, barring a negotiated face-saving arrangement, the Senator will begin a two-week public ordeal -- a politically lethal hearing by the Senate Select Committee on Ethics, which has found "substantial credible evidence" that Durenberger broke the rules.

Even as the June 12 hearing date approached, the beleaguered Durenberger's situation worsened slightly. In filing a required financial report last week, Durenberger disclosed for the first time that he received free lodging in a friend's condominium in Florida for 35 days during the past five years. Senate rules demand that such "gifts" be reported; Durenberger later recommended the friend for a federal job. His report also listed a $484,332 bank loan to buy a town house in McLean, Va., a transaction first revealed in news accounts and not mentioned in the Senator's previous financial statements.

Durenberger has insisted that "it was never my intent to circumvent Senate rules for my own benefit. I made every effort to seek opinion from the appropriate bodies and from legal counsel." But the Senator may also have violated the law: use of a Senate building for commercial purposes like paid speeches is prohibited by the criminal code. The free limousine service he accepted will probably be regarded as taxable income. Backdating a document related to the sale of his Minneapolis condominium could constitute fraud.

Durenberger's book arrangement was almost twice as remunerative as a similar scheme that contributed to the forced resignation of House speaker Jim Wright last year. After reaching the Senate limit on outside income from speeches, Durenberger in 1985 and 1986 made 113 additional appearances before groups that sent speaking fees to Piranha Press, the publisher of Durenberger's books, Neither Madmen nor Messiahs and Prescription for Change. Piranha then paid the Senator for "promoting" the books, although investigators found he rarely mentioned them in his talks, nor were copies available for sale. Wright, who also sought to circumvent limits on outside earnings, made about $55,000 selling copies of his book, often in bulk, to groups he addressed.

According to arcane Senate rules, the Durenberger hearing will be a "formal investigation." It has been nearly a decade since a Senate ethics committee has reached that stage. Usually, the accused lawmaker resigns ahead of time, as Wright did. New Jersey's Harrison Williams, enmeshed in the Abscam bribery scandal, waited out a formal investigation in 1981, then resigned before the Senate could vote on the panel's recommendation to expel him.

No negotiations between Durenberger and the committee appear to be taking place, although the Senator's aides say, "No options have been foreclosed." Congressional experts believe any "plea bargain" Durenberger might strike would have to include his resignation. "What Durenberger did was all calculated, not something he fell into," says one political consultant. "How could the Senate sweep it under the rug?" The rug is already bulging with scandals: ethics investigations are proceeding against Senators Alan Cranston, John McCain, Dennis DeConcini, Donald Riegle and John Glenn for their ties to savings and loan operator Charles Keating; and New York Senator Alfonse D'Amato is under scrutiny for handing out federal housing grants to some campaign contributors.

Even if the Senate ethics committee should recommend censure or a reprimand for Durenberger rather than expulsion, the Senator is in deep political trouble back home. Since October, his approval rating has plummeted from 71% to 39% in squeaky-clean Minnesota, where a politician was once rebuked for providing free doughnuts to supporters. "You would think that I would have seen this," Durenberger said last month. In an apology to constituents in December, he said, "I failed to appreciate the appearance of what I was doing." When the ethics committee begins to weigh Durenberger's six-year pattern of deception, its concern will be with much more than appearances.

With reporting by Barbara Dolan/St. Paul