Duke Cunningham
Encyclopedia
Randall Harold Cunningham (born December 8, 1941), usually known as Randy or Duke, is United States Navy
veteran, convicted felon, and former Republican
member of the United States House of Representatives
from California's 50th Congressional District
from 1991 to 2005.
Cunningham resigned from the House on November 28, 2005, after pleading guilty to accepting at least $2.4 million in bribes
and under-reporting his income for 2004. He pleaded guilty to federal charges of conspiracy
to commit bribery, mail fraud, wire fraud
and tax evasion
. On March 3, 2006, he received a sentence of eight years and four months in prison and an order to pay $1.8 million in restitution
.
Prior to his political career, Cunningham was an officer in the US Navy
for 20 years. Along with his Radar Intercept Officer, William P. "Irish" Driscoll
became the only Navy flying ace
from the Vietnam War
for obtaining five confirmed aerial victories during that conflict, and one of only five aviators to become an ace during that conflict. To date, Cunningham and Driscoll are the two last aircrew of the United States Navy to achieve "Ace" status. Following the war, Cunningham was later an instructor at the U.S. Navy's Fighter Weapons School, better known as TOPGUN, and commanding officer of Fighter Squadron 126 (VF-126), a shore-based adversary squadron at NAS Miramar, California.
to Randall and Lela Cunningham, who both moved there from Pennsylvania
during the Depression
. His father was a truck driver for Union Oil at the time. Around 1945, the family moved to Fresno, California
, where Cunningham's father purchased a gas station. In 1953 they moved again, this time to rural Shelbina, Missouri
, where his parents purchased and managed the Cunningham Variety Store, a five-and-dime. In Shelbina, Cunningham relished the times he spent hunting pheasant and deer with his father.
Cunningham married his first wife, the former Susan Albrecht, in 1965; they met in college and had one adopted son, Todd. Susan filed for divorce and a restraining order in January 1973, based on her claims of emotional abuse, and the divorce was granted nine months later. Cunningham later stated that in that year, his life hit "rock-bottom."
In 1973, he met Dan McKinnon, a publisher and son of former Congressman Clinton D. McKinnon
. Dan McKinnon encouraged him to turn his life around, and Cunningham became a born-again Christian
.
Cunningham met his second wife, Nancy D. Jones, at the Miramar Officers' Club in San Diego and they were married February 16, 1974. Nancy was born in 1952 and is also previously married. In 1976, she filed for divorce and a restraining order, stating that he "is a very aggressive spontaneously assaultive person, and I fear for my immediate physical safety and well being." Nancy later had a change of heart, so at her request, the court dismissed the divorce in January 1977. Nancy's declaration justifying the restraining order has been sealed by court order since 1990, when Duke first ran for congress. They have two daughters, April and Carrie. Dr. Nancy Cunningham is an educator for the Encinitas
school district.
Cunningham graduated from Shelbina High School in 1959. He attended Kirksville Teacher's College
for one year before transferring to the University of Missouri
in Columbia, Missouri
. Cunningham graduated with a bachelor's degree in education and physical education in 1964; he obtained his M.A.
in education the following year. He was hired as a physical education teacher and swimming coach at Hinsdale Central High School
where he stayed for one year. Two members of his swim team competed in the 1968 Olympics, where they earned a gold and a silver medal. Cunningham joined the United States Navy
in 1967.
During his service, Cunningham and his Radar Intercept Officer
(RIO) "Irish" Driscoll
became the only Navy aces
in the Vietnam War
, flying an F-4 Phantom II
from aboard aircraft carrier
s, and recording five confirmed kills. He was one of the early graduates of the Navy's TOPGUN school that taught dog fighting techniques to F-4 Phantom pilots and RIOs.
Cunningham downed a MiG-17 which was supposedly piloted by North Vietnam Air Force
fighter ace
Col. Nguyen Toon
, aka, "Colonel Tomb". Although "Colonel Toon" was an American-manufactured myth, a North Vietnamese Air Force pilot from the 921st Fighter
Regiment
named Nguyen Van Coc
did score 9 aerial victories during the war, and his aircraft (number 4326) was adorned with 13 air combat kills. Photographs of this particular MiG-21 had been circulated in numerous western publications during the late 1960s, which likely influenced the growth of the legendary "Colonel Tomb". Like many pilots on both sides, they flew what aircraft were available, and the 13 kill markings on MiG-21 #4326 were from several pilots within the 921st Fighter Regiment, including one aerial victory by Van Coc himself on May 7, 1968, when he downed an F-4 Phantom (BuNo 151485).
Like many fighter pilots in most countries, they held a high regard for tough competition and the North Vietnamese Air Force, no doubt, helped perpetuate the myth of "Colonel Toon", or "Tomb". "Colonel Toon" was not only skilled but unorthodox, as Cunningham found out, when the Navy pilot made an elementary tactical error engaging him. Cunningham climbed steeply, and the MiG pilot surprised Cunningham by climbing as well. The resulting dogfight became extended, with both aircraft engaging in a series of vertical rolling scissors maneuvers. Remembering his TOPGUN training, Cunningham finally forced the MiG out ahead of him and destroyed it with an AIM-9 Sidewinder
missile
.
Cunningham was reportedly almost court-martial
ed while an instructor at TOPGUN for allegedly breaking into his commanding officer's office to compare his record and fitness reports with those of his colleagues — a charge denied by Cunningham, but supported by two of his superior officers at the time. Regardless of the controversy, there was little doubt about Cunningham's piloting abilities. He was one of the most highly decorated United States Navy pilots in the Vietnam War, receiving the Navy Cross
once, the Silver Star
twice, the Air Medal
15 times, and the Purple Heart
for wounds he received under enemy fire.
After returning from Vietnam in 1972, he became an instructor at the Navy's TOPGUN school for fighter pilots at Naval Air Station Miramar
in San Diego. It has been stated that many of his real-life experiences in combat and as an instructor were depicted in the popular 1986 film Top Gun
. Though the movie's producer says the film was not based on any specific aviator, one particularly memorable scene was indeed inspired by Cunningham's own combat experience. The technique Cunningham and Driscoll used to defeat "Colonel Tomb", deploying the aircraft's speed brakes and causing "Tomb" to overshoot, inspired the scenes in Top Gun where Maverick defeats Jester, and later an enemy MiG, by deploying the brakes and forcing his opponent to overshoot his aircraft.
Cunningham was a commentator on the History Channel program "Dogfights: The Greatest Air Battles", in the Vietnam War segment, where he discussed his experiences as a fighter pilot. The episode originally aired September 16, 2005. Another interview with Cunningham was featured on the 1987 PBS broadcast of the NOVA
special "Top Gun And Beyond", during which he recounted his engagement with the mysterious aviator known only by the name "Colonel Tomb".
In 1985, Cunningham earned an MBA
from National University
, a San Diego night school. He retired from the Navy with the final rank of Commander in 1987, settling in Del Mar
, a suburb of San Diego. He became nationally known as a CNN
commentator on naval aircraft in the run-up to the Persian Gulf War
.
Cunningham's visibility as a CNN commentator led several Republican leaders to approach him about running in what was then the 44th District, one of four that divided San Diego. The district had been held for eight years by Democrat Jim Bates, and was considered the most Democratic district in the San Diego area. However, Bates was bogged down in a scandal
involving charges of sexual harassment
. Cunningham won the Republican nomination in 1990 and hammered Bates about the scandal, promising to be "a congressman we can be proud of." He won by just one percentage point, meaning that the San Diego area was represented entirely by Republicans for only the second time since the city was split into two districts after the 1960 census.
Congressional freshmen usually do not get much media attention outside of their home districts or states, but Cunningham's status as a Vietnam War hero made him an exception. Colleagues and the media admired him for his special knowledge of the armed forces: he played an important role in the debate on whether to use military force to make Iraq
end its occupation of Kuwait
. Guy Vander Jagt
of Michigan
, longtime chairman of the National Republican Congressional Committee
, said that Cunningham had considerable "drawing power" and was treated as a celebrity by his fellow Republicans.
After the 1990 census, redistricting renumbered the 44th District as the 51st and created the 50th District, splitting off a significant portion of San Diego County. At the same time, the 51st added several areas of heavily Republican North San Diego County
. The new district included the home of Bill Lowery
, a fellow Republican who had represented most of the other side of San Diego for the past 12 years. They faced one another in the Republican primary. Despite Lowery's seniority, his involvement in the House banking scandal
hurt him. Cunningham repeated his promise from 1990 to be "a congressman we can be proud of." As polls showed Cunningham with a substantial lead, Lowery dropped out of the primary race, effectively handing Cunningham the nomination. He breezed to victory in November.
Even though the district (renumbered as the 50th after the 2000 census) is not nearly as conservative as the other two Republican-held districts in the San Diego area, Cunningham was reelected six times with no less than 55 percent of the vote.
Cunningham was a member of the Appropriations and Intelligence committees, and chaired the House Intelligence Subcommittee on Human Intelligence Analysis and Counterintelligence during the 109th Congress
. He was considered a leading Republican expert on national security issues. He was also a champion of education, using his position on the Appropriations Education Subcommittee to steer federal dollars to schools in San Diego. After surgery for prostate cancer
in 1998, he became a champion of early testing for the disease.
Cunningham was known for making intemperate outbursts. For example:
In the Washingtonian
feature "Best & Worst of Congress" of 2004, Cunningham was rated (along with four other House members) as "No Rocket Scientist" by a bipartisan survey of Congressional staff.
While Cunningham said that "I cut my own rudder" on issues, he had a very conservative voting record. He was often compared by liberal interest groups
to former congressman Bob Dornan
, with some justification; both are ardent conservatives, both are former military pilots, and both have become infamous for outbursts against perceived enemies. In 1992, Cunningham, along with Dornan and fellow San Diego Republican Duncan Hunter
, challenged the patriotism of then-Democratic presidential candidate Bill Clinton
before a near-empty House chamber, but still viewed by C-Span
viewers.
In September 1996 Cunningham criticized President Clinton for appointing judges who were "soft on crime". "We must get tough on drug dealers," he said, adding that "those who peddle destruction on our children must pay dearly." He favored stiff drug penalties and voted for the death penalty for major drug dealers.
Four months later, his son Todd was arrested for helping to transport 400 pounds (181 kg) of marijuana
from Massachusetts
to California. Todd Cunningham pleaded guilty to possession and conspiracy to sell marijuana. At his son's sentencing hearing, Cunningham fought back tears as he begged the judge for leniency (Todd was sentenced to two and a half years in prison, in part because he tested positive for cocaine
three times while on bail). Cunningham's press secretary responded to accusations of double standards with: "The sentence Todd got had nothing to do with who Duke is. Duke has always been tough on drugs and remains tough on drugs."
in all US waters and pushed America to the lead on efforts to ban shark finning worldwide. For his efforts Cunningham was named as a "Conservation Hero" by the Audubon Society and the Ocean Wildlife Campaign.
Cunningham co-sponsored, along with Democrat John Murtha
, the so-called "Flag Desecration Amendment
", which would add the following sentence to the Constitution of the United States
The proposed amendment has passed the House many times, but narrowly missed the requisite 2/3 majority vote for passage in the Senate.
Cunningham was the driving force behind the Law Enforcement Officers Safety Act
which was passed and signed into law by President George W. Bush
in July 2004. The law grants the authority to non-federal law enforcement officers from any jurisdiction to carry a firearm anywhere within the jurisdiction of the United States.
, Mitchell Wade
, founder of the defense contracting firm MZM Inc. (since renamed Athena Innovative Solutions Inc.), bought Cunningham's house in Del Mar for $1,675,000. A month later, Wade placed it back on the market where it remained unsold for 8 months until the price was reduced to $975,000. Cunningham was a member of the Defense Appropriations Subcommittee; soon after the purchase, Wade began to receive tens of millions of dollars worth of defense and intelligence contracts. Cunningham claimed the deal was legitimate, adding, "I feel very confident that I haven't done anything wrong."
Later in June, it was further reported that Cunningham lived in a yacht
aptly named the "Duke Stir" while he was in Washington
. The yacht was owned by Wade; Cunningham paid only for maintenance. An article in the San Diego Union Tribune newspaper, reported that Cunningham liked to invite women to his yacht. Two of them said that he would change into pajama bottoms and a turtleneck sweater
to entertain them with chilled champagne by the light of his favorite lava lamp
. The Federal Bureau of Investigation
launched an investigation regarding the real estate transaction. His home, MZM corporate offices, and Wade's home were all simultaneously raided by several federal agencies with warrants on July 1, 2005.
On July 14, Cunningham announced he would not run for a ninth term in 2006, saying that while he believed he'd be cleared of any wrongdoing, he could not defend himself and run for reelection at the same time. He admitted to displaying "poor judgment" when he sold his house to Wade.
Besides Wade, the three other co-conspirators are: Brent R. Wilkes, founder of San Diego-based ADCS Inc.; New York businessman Thomas Kontogiannis (whom U.S. Coast Guard records show was involved in a questionable boat deal with Cunningham); and John T. Michael, Kontogiannis' nephew (the owner of a New York-based mortgage company, Coastal Capital Corp. Property records show the company made $1.15 million in real estate loans to Cunningham, two of which were used in the purchase of his Rancho Santa Fe mansion. Court records show that Wade paid off one of those loans).
In 1997, Cunningham pushed the Pentagon into buying a $20 million document-digitization system created by ADCS Inc., one of several defense companies owned by Wilkes. The Pentagon did not want to buy the system. When it had not done so three years later, Cunningham angrily demanded the firing of Lou Kratz, an assistant undersecretary of defense he held responsible for the delays. It later emerged that Wilkes reportedly gave Cunningham more than $630,000 in cash and favors.
Cunningham was also criticized for selling merchandise on his personal website, such as a $595 buck knife featuring the official Congressional seal. He failed to obtain permission to use the seal, which is a federal offense.
On April 27, 2006, months after his guilty plea, Scot J. Patrow, writing for the Wall Street Journal, reported that, in addition to all the favors, gifts and money Cunningham received from defense contractors who wanted his help in obtaining contracts, Cunningham may have been provided with prostitutes
, hotel rooms and limousines.
, conspiracy
to commit bribery
, mail fraud and wire fraud
in federal court in San Diego. Among the many bribes Cunningham admitted receiving were the house sale at an inflated price, the free use of the yacht, a used Rolls-Royce, antique furniture, Persian rugs, jewelry, and a $2,000 contribution for his daughter's college graduation party. Cunningham's attorney, Mark Holscher, later said that the government's evidence was so overwhelming that he had no choice but to recommend a guilty plea. With the plea bargain, Cunningham faced a maximum of 10 years; had he fought the charges, Cunningham risked spending the rest of his life in prison.
As part of his guilty plea, Cunningham agreed to forfeit his $2.55 million home in Rancho Santa Fe
, which he bought with the proceeds of the sale of the Del Mar house. Cunningham initially tried to sell the Rancho Santa Fe house, but federal prosecutors moved to block the sale after finding evidence it was purchased with Wade's money. (Wade, with others, even paid off the balance Cunningham owed on the mortgage.) Cunningham will also forfeit more than $1.8 million in cash, antiques, rugs, and other items.
Also as part of the plea agreement, Cunningham agreed to help the government in its prosecution of others involved in the defense contractor bribery scandal. However, news reports surfaced stating that Cunningham was not cooperating with investigators despite the agreement. A week later, Cunningham, through his lawyer, announced that he was ready to cooperate.
Arnold Schwarzenegger
on December 6, 2005.
Had Cunningham declined to resign, his role in Congress would have been very limited, as House rules do not allow members convicted of felonies to vote or participate in committee work pending an investigation by the Ethics Committee
. It is very likely that he would have been expelled from the House, as happened with Democrat James Traficant
three years earlier. Under Republican caucus rules, he would have lost his subcommittee chairmanship.
In marked contrast to his defiant stand earlier in the year, Cunningham appeared very contrite, sullen and overcome by emotion when he read his prepared statement announcing that he was stepping down:
Despite his guilty plea, Cunningham may still receive a pension
for his 21 years of service in the Navy and almost 15 years in Congress. While federal law only allows the government to strip pensions from federal employees guilty of treason, perjury or trading secrets with the enemy, San Diego benefits expert Robert Goldstein told the San Diego Union-Tribune that it is possible the government could still try to take the money from Cunningham.
, a Republican who represents the neighboring 49th District, said after Cunningham's plea that he'd been waiting for Cunningham to explain his behavior "in a way that made sense to us" and that Cunningham's behavior "fell below the standard the public demands of its elected representatives." Duncan Hunter
, the other Republican who represents the San Diego area, said on November 30 that he and Cunningham spent the rest of November 28 in prayer and that Cunningham wanted to "serve those who are suffering (and) to begin his long road of atonement" for his crimes. Many of Cunningham's staffers were stunned at the extent of their boss's crimes.
Union-Tribune columnist George Condon suggested in a December 1 column that Cunningham's actions "may have put ... troops at greater risk by judging contracts more for what they would do for him than for the military."
Francine Busby
, Cunningham's Democratic challenger in 2004 and the Democratic candidate for the 50th District in the runoff election to fill Cunningham's vacancy, called November 28 "a sad day for the people" and called for support for her proposed ethics reform bill, the "Clean House Act", saying that "our government in Washington is broken."
called Cunningham's actions "outrageous" at a press briefing in El Paso
. He also said that Cunningham should "pay a serious price" for his crimes. House Speaker
Dennis Hastert
said in a December 6 statement that Cunningham was a "war hero"; but that he broke "the public trust he has built through his military and congressional career." Several of Cunningham's former colleagues have donated the campaign contributions he had given them, to charity .
On February 9, 2006, Senator John Kerry
introduced a bill, the "Federal Pension Forfeiture Act" (nicknamed the "Duke Cunningham Act"), to prevent lawmakers who have been convicted of official misconduct from collecting taxpayer funded pensions.
On the day of sentencing, Cunningham was 90 pounds (41 kg) lighter than when allegations first surfaced 9 months earlier. After receiving his sentence, Cunningham made a request to see his 91-year-old mother one last time before going to prison. "I made a very wrong turn. I rationalized decisions I knew were wrong. I did that, sir," Cunningham said. The request was denied, and Burns remanded him immediately upon rendering the sentence. Cunningham is currently incarcerated in the minimum security satellite camp at the U.S. Penitentiary at Tucson, Arizona
. He was assigned federal inmate number 94405-198 and his scheduled release date is June 4, 2013. He spends his time at the prison teaching fellow inmates to obtain their GED, as well as claiming to now be a prison reform advocate.
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
veteran, convicted felon, and former Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
member of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from California's 50th Congressional District
California's 50th congressional district
California's 50th congressional district is a congressional district in the U.S. state of California based in San Diego County. The district consists of the northern coastal region of San Diego County and includes the suburbs of San Marcos, Carlsbad, Encinitas, Solana Beach, and Escondido.The...
from 1991 to 2005.
Cunningham resigned from the House on November 28, 2005, after pleading guilty to accepting at least $2.4 million in bribes
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
and under-reporting his income for 2004. He pleaded guilty to federal charges of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit bribery, mail fraud, wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
and tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. On March 3, 2006, he received a sentence of eight years and four months in prison and an order to pay $1.8 million in restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
.
Prior to his political career, Cunningham was an officer in the US Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
for 20 years. Along with his Radar Intercept Officer, William P. "Irish" Driscoll
William P. Driscoll
William "Willy Irish" Driscoll is a former United States Navy Flight Officer who received the Navy Cross during the Vietnam War for his role in an aerial dogfight with North Vietnamese MiGs...
became the only Navy flying ace
Flying ace
A flying ace or fighter ace is a military aviator credited with shooting down several enemy aircraft during aerial combat. The actual number of aerial victories required to officially qualify as an "ace" has varied, but is usually considered to be five or more...
from the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
for obtaining five confirmed aerial victories during that conflict, and one of only five aviators to become an ace during that conflict. To date, Cunningham and Driscoll are the two last aircrew of the United States Navy to achieve "Ace" status. Following the war, Cunningham was later an instructor at the U.S. Navy's Fighter Weapons School, better known as TOPGUN, and commanding officer of Fighter Squadron 126 (VF-126), a shore-based adversary squadron at NAS Miramar, California.
Family
Cunningham was born in Los AngelesLos Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
to Randall and Lela Cunningham, who both moved there from Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
during the Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
. His father was a truck driver for Union Oil at the time. Around 1945, the family moved to Fresno, California
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...
, where Cunningham's father purchased a gas station. In 1953 they moved again, this time to rural Shelbina, Missouri
Shelbina, Missouri
Shelbina is a city in Shelby County, Missouri, United States. The population was 1,704 at the 2010 census.-Geography:Shelbina is located at ....
, where his parents purchased and managed the Cunningham Variety Store, a five-and-dime. In Shelbina, Cunningham relished the times he spent hunting pheasant and deer with his father.
Cunningham married his first wife, the former Susan Albrecht, in 1965; they met in college and had one adopted son, Todd. Susan filed for divorce and a restraining order in January 1973, based on her claims of emotional abuse, and the divorce was granted nine months later. Cunningham later stated that in that year, his life hit "rock-bottom."
In 1973, he met Dan McKinnon, a publisher and son of former Congressman Clinton D. McKinnon
Clinton D. McKinnon
Clinton Dotson McKinnon was a former American Democratic politician and journalist from San Diego.McKinnon was born 1906 in Dallas, Texas to Dr. John and Tennie McKinnon. He was 12 and the only child when his father died and his mother, a nurse, raised him. He graduated from Palo Alto High School,...
. Dan McKinnon encouraged him to turn his life around, and Cunningham became a born-again Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
.
Cunningham met his second wife, Nancy D. Jones, at the Miramar Officers' Club in San Diego and they were married February 16, 1974. Nancy was born in 1952 and is also previously married. In 1976, she filed for divorce and a restraining order, stating that he "is a very aggressive spontaneously assaultive person, and I fear for my immediate physical safety and well being." Nancy later had a change of heart, so at her request, the court dismissed the divorce in January 1977. Nancy's declaration justifying the restraining order has been sealed by court order since 1990, when Duke first ran for congress. They have two daughters, April and Carrie. Dr. Nancy Cunningham is an educator for the Encinitas
Encinitas, California
Encinitas is a coastal beach city in San Diego County, California. Located within Southern California, it is approximately north of San Diego in North County and about south of Los Angeles. As of the 2010 census, the city had a population of 59,518, up from 58,014 at the 2000 census. Encinitas is...
school district.
Education and military service
Truman State University
Truman State University is a public liberal arts and sciences university in Missouri, United States and a member of the Council of Public Liberal Arts Colleges. About 6,000 students attend Truman, pursuing degrees in 43 undergraduate and 9 Graduate programs. It is located in Kirksville in...
for one year before transferring to the University of Missouri
University of Missouri
The University of Missouri System is a state university system providing centralized administration for four universities, a health care system, an extension program, five research and technology parks, and a publishing press. More than 64,000 students are currently enrolled at its four campuses...
in Columbia, Missouri
Columbia, Missouri
Columbia is the fifth-largest city in Missouri, and the largest city in Mid-Missouri. With a population of 108,500 as of the 2010 Census, it is the principal municipality of the Columbia Metropolitan Area, a region of 164,283 residents. The city serves as the county seat of Boone County and as the...
. Cunningham graduated with a bachelor's degree in education and physical education in 1964; he obtained his M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in education the following year. He was hired as a physical education teacher and swimming coach at Hinsdale Central High School
Hinsdale Central High School
Hinsdale Central High School, or HCHS is a public four-year high school located at the corner of W. 55th St. and S. Grant St. in Hinsdale, Illinois, a western suburb of Chicago, Illinois, in the United States. Founded in 1879, the school is well known for its large spending per student, academic...
where he stayed for one year. Two members of his swim team competed in the 1968 Olympics, where they earned a gold and a silver medal. Cunningham joined the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
in 1967.
During his service, Cunningham and his Radar Intercept Officer
Naval Flight Officer
A Naval Flight Officer is an aeronautically designated commissioned officer in the United States Navy or United States Marine Corps that specializes in airborne weapons and sensor systems. NFOs are not pilots per se, but they may perform many "co-pilot" functions, depending on the type of aircraft...
(RIO) "Irish" Driscoll
William P. Driscoll
William "Willy Irish" Driscoll is a former United States Navy Flight Officer who received the Navy Cross during the Vietnam War for his role in an aerial dogfight with North Vietnamese MiGs...
became the only Navy aces
Flying ace
A flying ace or fighter ace is a military aviator credited with shooting down several enemy aircraft during aerial combat. The actual number of aerial victories required to officially qualify as an "ace" has varied, but is usually considered to be five or more...
in the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
, flying an F-4 Phantom II
F-4 Phantom II
The McDonnell Douglas F-4 Phantom II is a tandem two-seat, twin-engined, all-weather, long-range supersonic jet interceptor fighter/fighter-bomber originally developed for the United States Navy by McDonnell Aircraft. It first entered service in 1960 with the U.S. Navy. Proving highly adaptable,...
from aboard aircraft carrier
Aircraft carrier
An aircraft carrier is a warship designed with a primary mission of deploying and recovering aircraft, acting as a seagoing airbase. Aircraft carriers thus allow a naval force to project air power worldwide without having to depend on local bases for staging aircraft operations...
s, and recording five confirmed kills. He was one of the early graduates of the Navy's TOPGUN school that taught dog fighting techniques to F-4 Phantom pilots and RIOs.
Cunningham downed a MiG-17 which was supposedly piloted by North Vietnam Air Force
Vietnam People's Air Force
The Vietnam People's Air Force is the air force of Vietnam. It is the successor of the former North Vietnamese Air Force and the absorbed Republic of Vietnam Air Force following the re-unification of Vietnam in 1975.-Beginning-1964 :The first Vietnamese aircraft were two trainers, a de Havilland...
fighter ace
Flying ace
A flying ace or fighter ace is a military aviator credited with shooting down several enemy aircraft during aerial combat. The actual number of aerial victories required to officially qualify as an "ace" has varied, but is usually considered to be five or more...
Col. Nguyen Toon
Nguyen Toon
Nguyen Toon or "Colonel Toon" or "Tomb" was a mythical North Vietnamese fighter pilot and flying ace who allegedly shot down 13 American aircraft during the Vietnam War. According to legend, he was killed in action on May 10, 1972, by the U.S. Navy F-4 Phantom crew of pilot Lt...
, aka, "Colonel Tomb". Although "Colonel Toon" was an American-manufactured myth, a North Vietnamese Air Force pilot from the 921st Fighter
Fighter aircraft
A fighter aircraft is a military aircraft designed primarily for air-to-air combat with other aircraft, as opposed to a bomber, which is designed primarily to attack ground targets...
Regiment
Regiment
A regiment is a major tactical military unit, composed of variable numbers of batteries, squadrons or battalions, commanded by a colonel or lieutenant colonel...
named Nguyen Van Coc
Nguyen Van Coc
Nguyễn Văn Cốc was a North Vietnamese MiG-21 PFL fighter ace of the Vietnamese People's Air Force's 921st Fighter Regiment.- Biography :...
did score 9 aerial victories during the war, and his aircraft (number 4326) was adorned with 13 air combat kills. Photographs of this particular MiG-21 had been circulated in numerous western publications during the late 1960s, which likely influenced the growth of the legendary "Colonel Tomb". Like many pilots on both sides, they flew what aircraft were available, and the 13 kill markings on MiG-21 #4326 were from several pilots within the 921st Fighter Regiment, including one aerial victory by Van Coc himself on May 7, 1968, when he downed an F-4 Phantom (BuNo 151485).
Like many fighter pilots in most countries, they held a high regard for tough competition and the North Vietnamese Air Force, no doubt, helped perpetuate the myth of "Colonel Toon", or "Tomb". "Colonel Toon" was not only skilled but unorthodox, as Cunningham found out, when the Navy pilot made an elementary tactical error engaging him. Cunningham climbed steeply, and the MiG pilot surprised Cunningham by climbing as well. The resulting dogfight became extended, with both aircraft engaging in a series of vertical rolling scissors maneuvers. Remembering his TOPGUN training, Cunningham finally forced the MiG out ahead of him and destroyed it with an AIM-9 Sidewinder
AIM-9 Sidewinder
The AIM-9 Sidewinder is a heat-seeking, short-range, air-to-air missile carried mostly by fighter aircraft and recently, certain gunship helicopters. The missile entered service with United States Air Force in the early 1950s, and variants and upgrades remain in active service with many air forces...
missile
Missile
Though a missile may be any thrown or launched object, it colloquially almost always refers to a self-propelled guided weapon system.-Etymology:The word missile comes from the Latin verb mittere, meaning "to send"...
.
Cunningham was reportedly almost court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
ed while an instructor at TOPGUN for allegedly breaking into his commanding officer's office to compare his record and fitness reports with those of his colleagues — a charge denied by Cunningham, but supported by two of his superior officers at the time. Regardless of the controversy, there was little doubt about Cunningham's piloting abilities. He was one of the most highly decorated United States Navy pilots in the Vietnam War, receiving the Navy Cross
Navy Cross
The Navy Cross is the highest decoration that may be bestowed by the Department of the Navy and the second highest decoration given for valor. It is normally only awarded to members of the United States Navy, United States Marine Corps and United States Coast Guard, but can be awarded to all...
once, the Silver Star
Silver Star
The Silver Star is the third-highest combat military decoration that can be awarded to a member of any branch of the United States armed forces for valor in the face of the enemy....
twice, the Air Medal
Air Medal
The Air Medal is a military decoration of the United States. The award was created in 1942, and is awarded for meritorious achievement while participating in aerial flight.-Criteria:...
15 times, and the Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...
for wounds he received under enemy fire.
After returning from Vietnam in 1972, he became an instructor at the Navy's TOPGUN school for fighter pilots at Naval Air Station Miramar
Marine Corps Air Station Miramar
Marine Corps Air Station Miramar , formerly Naval Air Station Miramar is a United States Marine Corps installation that is home to the 3rd Marine Aircraft Wing, which is the aviation element of the 1st Marine Expeditionary Force...
in San Diego. It has been stated that many of his real-life experiences in combat and as an instructor were depicted in the popular 1986 film Top Gun
Top Gun
Top Gun may refer to:* Top Gun is a 1986 film starring Tom Cruise.**Top Gun , soundtrack to the movie**Top Gun , a number of games based on the movie...
. Though the movie's producer says the film was not based on any specific aviator, one particularly memorable scene was indeed inspired by Cunningham's own combat experience. The technique Cunningham and Driscoll used to defeat "Colonel Tomb", deploying the aircraft's speed brakes and causing "Tomb" to overshoot, inspired the scenes in Top Gun where Maverick defeats Jester, and later an enemy MiG, by deploying the brakes and forcing his opponent to overshoot his aircraft.
Cunningham was a commentator on the History Channel program "Dogfights: The Greatest Air Battles", in the Vietnam War segment, where he discussed his experiences as a fighter pilot. The episode originally aired September 16, 2005. Another interview with Cunningham was featured on the 1987 PBS broadcast of the NOVA
NOVA (TV series)
Nova is a popular science television series from the U.S. produced by WGBH Boston. It can be seen on the Public Broadcasting Service in the United States, and in more than 100 other countries...
special "Top Gun And Beyond", during which he recounted his engagement with the mysterious aviator known only by the name "Colonel Tomb".
In 1985, Cunningham earned an MBA
Master of Business Administration
The Master of Business Administration is a :master's degree in business administration, which attracts people from a wide range of academic disciplines. The MBA designation originated in the United States, emerging from the late 19th century as the country industrialized and companies sought out...
from National University
National University (California)
National University , founded in 1971, is a comprehensive, nonsectarian, independent, accredited, non-profit private university headquartered in La Jolla, California, United States, with academic degree programs offered at campuses located throughout the state, one in Henderson, Nevada, and...
, a San Diego night school. He retired from the Navy with the final rank of Commander in 1987, settling in Del Mar
Del Mar, California
Del Mar is an upscale beach town in San Diego County, California. The population was 4,161 at the 2010 census, down from 4,389 at the 2000 census. The San Diego County Fair is hosted on the Del Mar Fairgrounds every summer. Del Mar is Spanish for "of the sea" or "by the sea", because it is located...
, a suburb of San Diego. He became nationally known as a CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
commentator on naval aircraft in the run-up to the Persian Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
.
Political career
Scandal
A scandal is a widely publicized allegation or set of allegations that damages the reputation of an institution, individual or creed...
involving charges of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
. Cunningham won the Republican nomination in 1990 and hammered Bates about the scandal, promising to be "a congressman we can be proud of." He won by just one percentage point, meaning that the San Diego area was represented entirely by Republicans for only the second time since the city was split into two districts after the 1960 census.
Congressional freshmen usually do not get much media attention outside of their home districts or states, but Cunningham's status as a Vietnam War hero made him an exception. Colleagues and the media admired him for his special knowledge of the armed forces: he played an important role in the debate on whether to use military force to make Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
end its occupation of Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
. Guy Vander Jagt
Guy Vander Jagt
Guy Adrian Vander Jagt was a Republican politician from Michigan. He was a member of the U.S. House of Representatives and Chairman of the National Republican Congressional Committee....
of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, longtime chairman of the National Republican Congressional Committee
National Republican Congressional Committee
The National Republican Congressional Committee is the Republican Hill committee which works to elect Republicans to the United States House of Representatives....
, said that Cunningham had considerable "drawing power" and was treated as a celebrity by his fellow Republicans.
After the 1990 census, redistricting renumbered the 44th District as the 51st and created the 50th District, splitting off a significant portion of San Diego County. At the same time, the 51st added several areas of heavily Republican North San Diego County
North San Diego County, California
North County is a region in the northern area of San Diego County, California. It is the second most populous region in the county after San Diego, with an estimated population of 826,985. North County is well known for its affluence, especially in Cardiff-by-the-Sea, Carlsbad, Del Mar, Rancho...
. The new district included the home of Bill Lowery
Bill Lowery (US politician)
William David "Bill" Lowery was a Republican politician from California.Lowery was born in southeastern San Diego, California, USA, where he grew up. He attended San Diego State University....
, a fellow Republican who had represented most of the other side of San Diego for the past 12 years. They faced one another in the Republican primary. Despite Lowery's seniority, his involvement in the House banking scandal
House banking scandal
The House banking scandal broke in early 1992, when it was revealed that the United States House of Representatives allowed members to overdraw their House checking accounts without risk of being penalized by the House bank ....
hurt him. Cunningham repeated his promise from 1990 to be "a congressman we can be proud of." As polls showed Cunningham with a substantial lead, Lowery dropped out of the primary race, effectively handing Cunningham the nomination. He breezed to victory in November.
Even though the district (renumbered as the 50th after the 2000 census) is not nearly as conservative as the other two Republican-held districts in the San Diego area, Cunningham was reelected six times with no less than 55 percent of the vote.
Cunningham was a member of the Appropriations and Intelligence committees, and chaired the House Intelligence Subcommittee on Human Intelligence Analysis and Counterintelligence during the 109th Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
. He was considered a leading Republican expert on national security issues. He was also a champion of education, using his position on the Appropriations Education Subcommittee to steer federal dollars to schools in San Diego. After surgery for prostate cancer
Prostate cancer
Prostate cancer is a form of cancer that develops in the prostate, a gland in the male reproductive system. Most prostate cancers are slow growing; however, there are cases of aggressive prostate cancers. The cancer cells may metastasize from the prostate to other parts of the body, particularly...
in 1998, he became a champion of early testing for the disease.
Cunningham was known for making intemperate outbursts. For example:
- Making a comment about gay Congressman Barney FrankBarney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
, where he called the rectal examination for prostate cancerProstate cancerProstate cancer is a form of cancer that develops in the prostate, a gland in the male reproductive system. Most prostate cancers are slow growing; however, there are cases of aggressive prostate cancers. The cancer cells may metastasize from the prostate to other parts of the body, particularly...
"just not natural, unless maybe you’re Barney Frank." - Displaying his middle finger to a constituent and "for emphasis, [shouting] the two-word meaning of his one-finger salute" during an argument over military spending.
- Suggesting that the Democratic House leadership should be "lined up and shot" — a call he'd previously made about Vietnam War protesters.
- Referring to gay soldiers as "homos" on the floor of the House of Representatives when he said backers of an environmental amendment were "...the same people that would...put homos in the military." Congresswoman Pat Schroeder asked if he would yield the floor, but Cunningham told her, "No, I will not." When Congressman Bernie SandersBernie SandersBernard "Bernie" Sanders is the junior United States Senator from Vermont. He previously represented Vermont's at-large district in the United States House of Representatives...
, a self-described democratic socialistDemocratic socialismDemocratic socialism is a description used by various socialist movements and organizations to emphasize the democratic character of their political orientation...
, attempted to object, Cunningham said, "Sit down, you socialist." He later apologized for his comments.
In the Washingtonian
Washingtonian (magazine)
Washingtonian is a monthly magazine distributed in the Washington, DC area since 1965. The magazine describes itself as "the magazine Washington lives by." The magazine's core focuses are local feature journalism, guide book-style articles, and real estate advice.-Editorial Content:Washingtonian...
feature "Best & Worst of Congress" of 2004, Cunningham was rated (along with four other House members) as "No Rocket Scientist" by a bipartisan survey of Congressional staff.
While Cunningham said that "I cut my own rudder" on issues, he had a very conservative voting record. He was often compared by liberal interest groups
Advocacy group
Advocacy groups use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems...
to former congressman Bob Dornan
Bob Dornan
Robert Kenneth "Bob" Dornan is a Republican and former member of the United States House of Representatives from California and a vocal advocate of pro-life and social conservative causes....
, with some justification; both are ardent conservatives, both are former military pilots, and both have become infamous for outbursts against perceived enemies. In 1992, Cunningham, along with Dornan and fellow San Diego Republican Duncan Hunter
Duncan Hunter
Duncan Lee Hunter is an American politician. He was a Republican member of the House of Representatives from California's 52nd, 45th and 42nd districts from 1981 to 2009....
, challenged the patriotism of then-Democratic presidential candidate Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
before a near-empty House chamber, but still viewed by C-Span
C-SPAN
C-SPAN , an acronym for Cable-Satellite Public Affairs Network, is an American cable television network that offers coverage of federal government proceedings and other public affairs programming via its three television channels , one radio station and a group of websites that provide streaming...
viewers.
In September 1996 Cunningham criticized President Clinton for appointing judges who were "soft on crime". "We must get tough on drug dealers," he said, adding that "those who peddle destruction on our children must pay dearly." He favored stiff drug penalties and voted for the death penalty for major drug dealers.
Four months later, his son Todd was arrested for helping to transport 400 pounds (181 kg) of marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
from Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
to California. Todd Cunningham pleaded guilty to possession and conspiracy to sell marijuana. At his son's sentencing hearing, Cunningham fought back tears as he begged the judge for leniency (Todd was sentenced to two and a half years in prison, in part because he tested positive for cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
three times while on bail). Cunningham's press secretary responded to accusations of double standards with: "The sentence Todd got had nothing to do with who Duke is. Duke has always been tough on drugs and remains tough on drugs."
Legislative achievements
Cunningham was the lead sponsor of the Shark Finning Prohibition Act, which banned the practice of shark finningShark fin soup
Shark fin soup is a popular soup item of Chinese cuisine usually served at special occasions such as weddings and banquets, or as a luxury item in Chinese culture. The shark fins provide texture while the taste comes from the other soup ingredients.There is controversy over the practice of shark...
in all US waters and pushed America to the lead on efforts to ban shark finning worldwide. For his efforts Cunningham was named as a "Conservation Hero" by the Audubon Society and the Ocean Wildlife Campaign.
Cunningham co-sponsored, along with Democrat John Murtha
John Murtha
John Patrick "Jack" Murtha, Jr. was an American politician from the U.S. state of Pennsylvania. Murtha, a Democrat, represented Pennsylvania's 12th congressional district in the United States House of Representatives from 1974 until his death in 2010....
, the so-called "Flag Desecration Amendment
Flag Desecration Amendment
The Flag Desecration Amendment, often referred to as the flag burning amendment, is a controversial proposed constitutional amendment to the United States Constitution that would allow the United States Congress to statutorily prohibit expression of political views through the physical desecration...
", which would add the following sentence to the Constitution of the United States
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
- "The Congress shall have power to prohibit the physical desecration of the Flag of the United States."
The proposed amendment has passed the House many times, but narrowly missed the requisite 2/3 majority vote for passage in the Senate.
Cunningham was the driving force behind the Law Enforcement Officers Safety Act
Law Enforcement Officers Safety Act
The Law Enforcement Officers Safety Act is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired law enforcement officer" -- to carry a concealed firearm in any jurisdiction in the United States,...
which was passed and signed into law by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in July 2004. The law grants the authority to non-federal law enforcement officers from any jurisdiction to carry a firearm anywhere within the jurisdiction of the United States.
Scandals and corruption
Allegations
In June 2005 it was revealed that a defense contractorDefense contractor
A defense contractor is a business organization or individual that provides products or services to a military department of a government. Products typically include military aircraft, ships, vehicles, weaponry, and electronic systems...
, Mitchell Wade
Mitchell Wade
Mitchell J. Wade , is an American defense contractor implicated in the events that led to the 2005 resignation of U.S. Representative Randy "Duke" Cunningham....
, founder of the defense contracting firm MZM Inc. (since renamed Athena Innovative Solutions Inc.), bought Cunningham's house in Del Mar for $1,675,000. A month later, Wade placed it back on the market where it remained unsold for 8 months until the price was reduced to $975,000. Cunningham was a member of the Defense Appropriations Subcommittee; soon after the purchase, Wade began to receive tens of millions of dollars worth of defense and intelligence contracts. Cunningham claimed the deal was legitimate, adding, "I feel very confident that I haven't done anything wrong."
Later in June, it was further reported that Cunningham lived in a yacht
Yacht
A yacht is a recreational boat or ship. The term originated from the Dutch Jacht meaning "hunt". It was originally defined as a light fast sailing vessel used by the Dutch navy to pursue pirates and other transgressors around and into the shallow waters of the Low Countries...
aptly named the "Duke Stir" while he was in Washington
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. The yacht was owned by Wade; Cunningham paid only for maintenance. An article in the San Diego Union Tribune newspaper, reported that Cunningham liked to invite women to his yacht. Two of them said that he would change into pajama bottoms and a turtleneck sweater
Sweater
A sweater, jumper, pullover, sweatshirt, jersey or guernsey is a garment intended to cover the torso and arms. It is often worn over a shirt, blouse, T-shirt, or other top, but may also be worn alone as a top...
to entertain them with chilled champagne by the light of his favorite lava lamp
Lava lamp
A lava lamp is a decorative novelty item that contains blobs of colored wax inside a glass vessel filled with clear liquid; the wax rises and falls as its density changes due to heating from a incandescent light bulb underneath the vessel. The appearance of the wax is suggestive of pāhoehoe lava,...
. The Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
launched an investigation regarding the real estate transaction. His home, MZM corporate offices, and Wade's home were all simultaneously raided by several federal agencies with warrants on July 1, 2005.
On July 14, Cunningham announced he would not run for a ninth term in 2006, saying that while he believed he'd be cleared of any wrongdoing, he could not defend himself and run for reelection at the same time. He admitted to displaying "poor judgment" when he sold his house to Wade.
Besides Wade, the three other co-conspirators are: Brent R. Wilkes, founder of San Diego-based ADCS Inc.; New York businessman Thomas Kontogiannis (whom U.S. Coast Guard records show was involved in a questionable boat deal with Cunningham); and John T. Michael, Kontogiannis' nephew (the owner of a New York-based mortgage company, Coastal Capital Corp. Property records show the company made $1.15 million in real estate loans to Cunningham, two of which were used in the purchase of his Rancho Santa Fe mansion. Court records show that Wade paid off one of those loans).
In 1997, Cunningham pushed the Pentagon into buying a $20 million document-digitization system created by ADCS Inc., one of several defense companies owned by Wilkes. The Pentagon did not want to buy the system. When it had not done so three years later, Cunningham angrily demanded the firing of Lou Kratz, an assistant undersecretary of defense he held responsible for the delays. It later emerged that Wilkes reportedly gave Cunningham more than $630,000 in cash and favors.
Cunningham was also criticized for selling merchandise on his personal website, such as a $595 buck knife featuring the official Congressional seal. He failed to obtain permission to use the seal, which is a federal offense.
On April 27, 2006, months after his guilty plea, Scot J. Patrow, writing for the Wall Street Journal, reported that, in addition to all the favors, gifts and money Cunningham received from defense contractors who wanted his help in obtaining contracts, Cunningham may have been provided with prostitutes
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
, hotel rooms and limousines.
Plea agreement
On November 28, 2005, Cunningham pled guilty to tax evasionTax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, mail fraud and wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
in federal court in San Diego. Among the many bribes Cunningham admitted receiving were the house sale at an inflated price, the free use of the yacht, a used Rolls-Royce, antique furniture, Persian rugs, jewelry, and a $2,000 contribution for his daughter's college graduation party. Cunningham's attorney, Mark Holscher, later said that the government's evidence was so overwhelming that he had no choice but to recommend a guilty plea. With the plea bargain, Cunningham faced a maximum of 10 years; had he fought the charges, Cunningham risked spending the rest of his life in prison.
As part of his guilty plea, Cunningham agreed to forfeit his $2.55 million home in Rancho Santa Fe
Rancho Santa Fe, California
Rancho Santa Fe known locally as ″The Ranch″, is one of the most exclusive and affluent communities in Southern California. It is also a census-designated place in San Diego County, California and an unincorporated bedroom community of San Diego County...
, which he bought with the proceeds of the sale of the Del Mar house. Cunningham initially tried to sell the Rancho Santa Fe house, but federal prosecutors moved to block the sale after finding evidence it was purchased with Wade's money. (Wade, with others, even paid off the balance Cunningham owed on the mortgage.) Cunningham will also forfeit more than $1.8 million in cash, antiques, rugs, and other items.
Also as part of the plea agreement, Cunningham agreed to help the government in its prosecution of others involved in the defense contractor bribery scandal. However, news reports surfaced stating that Cunningham was not cooperating with investigators despite the agreement. A week later, Cunningham, through his lawyer, announced that he was ready to cooperate.
Resignation
Cunningham announced that he would resign from the House at a press conference just after entering his plea. He submitted his official resignation letter to the Clerk of the House and to California GovernorGovernor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
on December 6, 2005.
Had Cunningham declined to resign, his role in Congress would have been very limited, as House rules do not allow members convicted of felonies to vote or participate in committee work pending an investigation by the Ethics Committee
United States House Committee on Standards of Official Conduct
The Committee on Ethics, often known simply as the Ethics Committee, is one of the committees of the United States House of Representatives. Prior to the 112th Congress it was known as the Committee on Standards of Official Conduct....
. It is very likely that he would have been expelled from the House, as happened with Democrat James Traficant
James Traficant
James Anthony Traficant, Jr. is a former Democratic Representative in the United States Congress from Ohio . He represented the 17th Congressional District, which centered on his hometown of Youngstown and included parts of three counties in northeast Ohio's Mahoning Valley...
three years earlier. Under Republican caucus rules, he would have lost his subcommittee chairmanship.
In marked contrast to his defiant stand earlier in the year, Cunningham appeared very contrite, sullen and overcome by emotion when he read his prepared statement announcing that he was stepping down:
When I announced several months ago that I would not seek re-election, I publicly declared my innocence because I was not strong enough to face the truth. So, I misled my family, staff, friends, colleagues, the public — even myself. For all of this, I am deeply sorry. The truth is — I broke the law, concealed my conduct, and disgraced my high office. I know that I will forfeit my freedom, my reputation, my worldly possessions, and most importantly, the trust of my friends and family. ... In my life, I have known great joy and great sorrow. And now I know great shame. I learned in Viet Nam that the true measure of a man is how he responds to adversity. I cannot undo what I have done. But I can atone. I am now almost 65 years old and, as I enter the twilight of my life, I intend to use the remaining time that God grants me to make amends.
Despite his guilty plea, Cunningham may still receive a pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
for his 21 years of service in the Navy and almost 15 years in Congress. While federal law only allows the government to strip pensions from federal employees guilty of treason, perjury or trading secrets with the enemy, San Diego benefits expert Robert Goldstein told the San Diego Union-Tribune that it is possible the government could still try to take the money from Cunningham.
Local
Darrell IssaDarrell Issa
Darrell Edward Issa is the U.S. Representative for , and previously the 48th, serving since 2001. He is a member of the Republican Party. He was formerly a CEO of Directed Electronics, the Vista, California-based manufacturer of automobile security and convenience products...
, a Republican who represents the neighboring 49th District, said after Cunningham's plea that he'd been waiting for Cunningham to explain his behavior "in a way that made sense to us" and that Cunningham's behavior "fell below the standard the public demands of its elected representatives." Duncan Hunter
Duncan Hunter
Duncan Lee Hunter is an American politician. He was a Republican member of the House of Representatives from California's 52nd, 45th and 42nd districts from 1981 to 2009....
, the other Republican who represents the San Diego area, said on November 30 that he and Cunningham spent the rest of November 28 in prayer and that Cunningham wanted to "serve those who are suffering (and) to begin his long road of atonement" for his crimes. Many of Cunningham's staffers were stunned at the extent of their boss's crimes.
Union-Tribune columnist George Condon suggested in a December 1 column that Cunningham's actions "may have put ... troops at greater risk by judging contracts more for what they would do for him than for the military."
Francine Busby
Francine Busby
Francine Pocino Busby was the 2010 Democratic Candidate for Congress in California's 50th district, in North San Diego County. She defeated Tracy Emblem in the June primary and lost to Republican incumbent, Brian Bilbray in the general election. She was also a 2006 Democratic candidate for...
, Cunningham's Democratic challenger in 2004 and the Democratic candidate for the 50th District in the runoff election to fill Cunningham's vacancy, called November 28 "a sad day for the people" and called for support for her proposed ethics reform bill, the "Clean House Act", saying that "our government in Washington is broken."
National
In an editorial on November 29, the Washington Post called the Cunningham affair "the most brazen bribery conspiracy in modern congressional history." Later that day, President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
called Cunningham's actions "outrageous" at a press briefing in El Paso
El Paso, Texas
El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
. He also said that Cunningham should "pay a serious price" for his crimes. House Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
Dennis Hastert
Dennis Hastert
John Dennis "Denny" Hastert was the 59th Speaker of the House serving from 1999 to 2007. He represented as a Republican for twenty years, 1987 to 2007.He is the longest-serving Republican Speaker in history...
said in a December 6 statement that Cunningham was a "war hero"; but that he broke "the public trust he has built through his military and congressional career." Several of Cunningham's former colleagues have donated the campaign contributions he had given them, to charity .
On February 9, 2006, Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
introduced a bill, the "Federal Pension Forfeiture Act" (nicknamed the "Duke Cunningham Act"), to prevent lawmakers who have been convicted of official misconduct from collecting taxpayer funded pensions.
Sentencing
On March 3, 2006, U.S. District Judge Larry A. Burns sentenced Cunningham to 100 months (eight years and four months) in prison. Federal prosecutors pushed for the maximum sentence of ten years, but Cunningham's defense lawyers said that at 64 years old and with prostate cancer, Cunningham would likely die in prison if he received the full sentence. Judge Burns cited his military service in Vietnam, age, and health as the reason the full ten years was not imposed. Prosecutors announced that they were satisfied with the sentence, which is the longest jail term ever given to a former Congressman.On the day of sentencing, Cunningham was 90 pounds (41 kg) lighter than when allegations first surfaced 9 months earlier. After receiving his sentence, Cunningham made a request to see his 91-year-old mother one last time before going to prison. "I made a very wrong turn. I rationalized decisions I knew were wrong. I did that, sir," Cunningham said. The request was denied, and Burns remanded him immediately upon rendering the sentence. Cunningham is currently incarcerated in the minimum security satellite camp at the U.S. Penitentiary at Tucson, Arizona
United States Penitentiary, Tucson
United States Penitentiary, Tucson is a prison operated by the Federal Bureau of Prisons located in Tucson, Arizona. Located southeast of Downtown Tucson near Interstate 10 and Wilmot Road, the institution is part of a larger Federal Correctional Complex that includes Federal Correctional...
. He was assigned federal inmate number 94405-198 and his scheduled release date is June 4, 2013. He spends his time at the prison teaching fellow inmates to obtain their GED, as well as claiming to now be a prison reform advocate.
2005
- Almost as soon as Cunningham pled guilty, Intelligence Committee chairman Pete HoekstraPete HoekstraPeter "Pete" Hoekstra is a former Republican U.S. Representative for who served in the House from 1993 until 2011. He was an unsuccessful candidate for Governor of Michigan in 2010 and is expected to run for the United States Senate against Debbie Stabenow in 2012.-Early life and education:Born...
of Michigan (who represents Guy Vander Jagt's former district) announced his panel would investigate whether Cunningham used his post on that committee to steer contracts to favored companies. Hoekstra said that Cunningham "no longer gets the benefit of the doubt" due to his admission to "very, very serious" crimes. "We need to look at worst-case scenarios," he added. He also shut off Cunningham's access to classified information. While Hoekstra does not believe that Cunningham improperly influenced the Intelligence Committee's work, a committee spokesman said that he wanted to make sure its work stayed on the level.
- Bill YoungBill YoungCharles William "Bill" Young is the U.S. Representative for , serving since 1971. He is a member of the Republican Party, and is currently the longest-serving Republican member of Congress...
of FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, chairman of the Defense Appropriations Subcommittee and former chairman of the full Appropriations Committee, said that he planned to review Cunningham's requests for defense projects. While he felt most of the requests were legitimate and supported by the Pentagon, he said that he needed to be "doubly sure that anything shaky is not going to stay in."
- On December 14, prosecutors in former House Majority Leader Tom DeLayTom DeLayThomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...
's money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
trial revealed that they are looking into ties between Wilkes and DeLay. One of Wilkes' companies donated $15,000 to DeLay's PACPolitical action committeeIn the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
, Texans for a Republican MajorityTexans for a Republican MajorityTexans for a Republican Majority or TRMPAC is a general-purpose political action committee registered with the Texas Ethics Commission. It was founded in 2001 by former Republican Texas U.S. Rep...
. Wilkes also hired a consulting firm that employed DeLay's wife, Christine.
2006
- On January 6, TimeTime (magazine)Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
reported that Cunningham cooperated with law enforcement by wearing a concealed recording deviceCovert listening deviceA covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone. The use of bugs, called bugging, is a common technique in surveillance, espionage and in police investigations.A bug does not have to be a device...
(a "wire") while meeting with associates prior to his guilty plea. It is not known whom he met with while wired, but there is speculation Cunningham's misdeeds were not isolated instances and his case could reveal a larger web of corruption.
- On February 24, Mitchell WadeMitchell WadeMitchell J. Wade , is an American defense contractor implicated in the events that led to the 2005 resignation of U.S. Representative Randy "Duke" Cunningham....
pleaded guilty to paying Cunningham more than $1 million in bribes in exchange for millions more in government contracts.
- In March, it was revealed that CIACentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
officials have opened an investigation into the CIA's No.3 official, Kyle FoggoKyle FoggoKyle Dustin "Dusty" Foggo , is a former American government intelligence officer convicted of honest services fraud in the awarding of a government contract and sentenced to 37 months in the federal prison at Pine Knot, Kentucky...
, and his relationship with Wilkes, "one of his closest friends," according to the article. Foggo has said that all of the contracts he oversaw were properly awarded and administered.
- A special election to fill the vacancy left by Cunningham took place on April 11. No candidate obtained the majority necessary to win outright, so a runoff election was scheduled for June 6 between Democrat Busby and Republican Brian BilbrayBrian BilbrayBrian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential...
, who had represented the nearby 49th District from 1995 to 2001.
- On April 17, the staffs of The San Diego Union-TribuneThe San Diego Union-Tribune-Predecessors:The predecessor newspapers of the Union-Tribune were:* San Diego Sun, founded 1861 and merged with the Evening Tribune in 1939.* San Diego Union, founded October 10, 1868.* Evening Tribune, founded December 2, 1895.-Ownership:...
and Copley News Service were awarded the 2006 Pulitzer PrizePulitzer PrizeThe Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...
for National Reporting for their investigative work in uncovering Cunningham's crimes.
- On May 12, FBIFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
officials raided the Vienna, VirginiaVienna, VirginiaVienna is a town in Fairfax County, Virginia, United States. As of the 2010 United States Census, it had a population of 15,687. Significantly more people live in zip codes with the Vienna postal addresses bordered approximately by Interstate 66 on the south, Interstate 495 on the east, Route 7 to...
, home of former CIA official Kyle "Dusty" FoggoKyle FoggoKyle Dustin "Dusty" Foggo , is a former American government intelligence officer convicted of honest services fraud in the awarding of a government contract and sentenced to 37 months in the federal prison at Pine Knot, Kentucky...
in connection with the scandal.
- On June 6, Republican Brian Bilbray won the runoff election for Cunningham's seat, narrowly defeating Democrat Francine Busby.
- On November 7, Bilbray beat Busby again and retained his seat in the House.
2007
- In January, the Justice DepartmentUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
requested the resignation of U.S. Attorney Carol LamCarol LamCarol Chien-Hua Lam is a former United States Attorney for the Southern District of California. Lam was sworn into office on an interim basis on September 4, 2002. On November 12, 2002, Lam was further sworn in as a Senate confirmed Presidential appointee. She oversaw the Rep. Randy "Duke"...
, who led the corruption prosecution of Cunningham. For further information see Dismissal of U.S. attorneys controversyDismissal of U.S. attorneys controversyThe dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...
.
- On February 13, former CIACentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
executive director Kyle FoggoKyle FoggoKyle Dustin "Dusty" Foggo , is a former American government intelligence officer convicted of honest services fraud in the awarding of a government contract and sentenced to 37 months in the federal prison at Pine Knot, Kentucky...
was charged with fraud and other offenses in the Cunningham corruption investigation. The indictment also named Brent R. Wilkes and John T. Michael.
2010
- During June 2010, Cunningham submitted a handwritten three-page letter to sentencing Judge Larry Burns, complaining that the IRS is 'killing' him by seizing all his remaining savings and his Congressional and navy pensions, penalties he feels are not warranted under his plea agreement. Burns wrote back on 4 August 2010, stating that the agency is collecting back taxes, interest, and penalties on the bribes Cunningham received in 2003 and 2004; thus, there is no action for Burns to take.
- In November, Wilkes' lawyers filed documents in court in a bid to gain a re-trial that included statements from Cunningham saying "Wilkes never bribed me". Cunningham is quoted as saying any meals, trips or gifts from Wilkes to him were merely gifts between long-time friends, not bribes. Cunningham also stated that he had been coached by prosecutors to avoid responding to questions where his version of the facts differed from the prosecutors' theory. Cunningham also denied having made statements attributed to him by federal agents and prosecutors. Notably he denied having sex with any prostitute on a trip to Hawaii and explained that at the time he was impotent due to treatment for prostate cancer.
"The Untold Story of Duke Cunningham"
In April 2011, Cunningham sent a ten page typewritten document pleading his case to USA Today, the Los Angeles Times, Talking Points Memo, and San Diego CityBeat. He titled the document "The Untold Story of Duke Cunningham." In the document, Cunningham says that because Judge Larry A. Burns has declared his case closed, he is now offering to speak to the media, which have "inundated" him with inquiries since 2004. According to CityBeat, in the statement, Cunningham claims that he was "doped up on sedatives" and made his plea knowing that it was "90 to 95% untrue."See also
- List of California public officials charged with crimes
External links
- The San Diego Union-Tribune's coverage of the Cunningham scandal
- Washington Post Express interview with the authors of "The Wrong Stuff" about Cunningham and Washington's culture of corruption
- Unauthorized Randy Cunningham Page
- PAC donors, Indiv donors, Personal Financial Disclosures, Campaign Disburseents at PoliticalMoneyLine
- Archive of Cunningham's commerce website, topguninc.com (deactivated June 2005)
- Congressman's career buried by blizzard of questions on actions San Diego Union-Tribune, July 15, 2005.
- Duke Cunningham: First and Last Surrender (FlashReport, November 30, 2005)
- DeLay's prosecutors dig deeper into California
- Sourcewatch.org article on Duke Cunningham
Documents
- Prosecutor's allegations against Cunningham
- Plea agreement (November 23, 2005)
- Cunningham's resignation statement (Union-Tribune, November 28, 2005)
- Cunningham's Sentencing Memorandum (February 17, 2006)