As Donor/Pal Flies “Under the Radar,” Will Senator Menendez Mind His Words Or Eat Them?

February 22, 2013

A curious angle to the story about Senator Bob Menendez and his relationship to Dr. Salomon Melgen, his donor-benefactor-travel pal, has gotten obscured in the larger ethical churn.

Dr. Melgen is the ophthalmologist who donated tens of thousands of dollars in campaign contributions to Senator Menendez, and took Mr. Menendez on his private plane to the Dominican Republic (D.R.) for vacations in 2010 that the Senator did not disclose.

For his part, Menendez lobbied the U.S. government to get its support for a port security contract in the D.R. for the doctor’s company, and intervened on Melgen’s behalf by questioning a government audit that revealed overbilling in the doctor’s practice.

The Senator sent a reimbursement check for $58,500 to Melgen’s company after the unreported flights became public, which relieved Menendez of the responsibility to make a public disclosure about his trips with the eye doctor, and appears to have cost him an ‘arm and a leg’.

Now, Dr. Melgen, as was reported earlier this month, has asked the Federal Aviation Administration (FAA) to “block his plane’s flight activity from public view in air trafficking systems.”  He seems eager to cover the trail (or the contrail).

Stunningly, the FAA agreed and will allow Dr. Melgen to keep his flight records secret; this applies not only to future flights, but also to on-line access to historical records.

In “Doctor now flying under the radar,” Tracey Eaton, an investigative reporter with whom our organization is working, has posted a detailed piece about Dr. Melgen, the FAA’s powers of disclosure and authority to keep records secret, and why its decision to shield records Melgen’s flights raises issues around accountability and transparency, and possibly the Menendez investigation itself.

As Mr. Eaton writes:

“In January, before the flight activity was blocked, the Associated Press reported that Melgen’s plane had made more than 100 trips to the Dominican Republic and about a dozen flights included brief stopovers in the Washington area.”

Is there anyone in the Congress who might think Melgen’s request was a little fishy?  Or, that the FAA’s decision is antithetical to the idea of good and open government?

How about Senator Bob Menendez, a champion of disclosure?

  • In 2010, he took credit for writing provisions of the Dodd-Frank Act, which toughened regulation after the economic crisis, to increase transparency in the trading of the financial instrument called derivatives.
  • In 2011, he organized a letter cosigned by nine Senate colleagues to the Department of Transportation demanding that airlines disclose their fees.
  • That same year, he sponsored legislation with a section to require disclosure by companies for certain business activities with Iran.
  • In 2012, he sponsored legislation to require corporations to disclose their campaign donations to shareholders, following the Citizens United Supreme Court decision.
  • As a candidate for reelection in 2012, Menendez released five years of his tax returns, as a spokesman explained, in the full spirit of transparency.
  • Only a few weeks ago, when Senator Menendez traveled to Afghanistan, he told President Karzai that the U.S. expects elections in his country next year to be fair, free, and (you guessed it) transparent.

Senator Menendez even told a constituent a few years back that he’d consider supporting legislation to protect coastal New Jersey’s fish population, because he believed in transparency in the management of fisheries.

Isn’t the Senator’s next step, well, transparently obvious?

He could do nothing; eat his words on disclosure and transparency.  Or, he could write the FAA and demand that the shield concealing Dr. Melgen’s flight records be removed.  Nothing could be more consistent with what Senator Menendez has said – and wanted others to do – in the last three years alone.

Besides, what else could he have to hide?

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