Abscam

Abscam (a term derived from “Abdul Scam”) arose in 1978 from a minor FBI investigation into stolen paintings. An informant involved with the case agreed to cooperate in exchange for a reduced sentence. He later introduced undercover agents to a circle of corrupt congressmen, which led to the formation of a special FBI Organized Crime Strike Force sting operation. This operation subsequently targeted 20 members of Congress and a host of minor officials. The operation included a fictitious Arab sheik, Kambir Abdul Rahman, and a front corporation, Abdul Enterprises, Ltd. Throughout 1979, undercover agents used fake business credentials to approach suspected congressmen and offer $25,000-$50,000 in exchange for aid in immigration matters, government contracts, hotel and casino permits, and other investments. FBI agents videotaped and recorded all encounters. A media leak by the FBI exposed the operation in February 1980. Within weeks, 19 people were indicted, including one senator and six House members (Sen. Harrison A. Williams, Jr. [D-N. J.]; Rep. John W. Jenrette, Jr. [D-S. C.]; Rep. Michael O. Myers [D-Pa.]; Rep. Raymond F. Lederer [D-Pa.]; Rep. Frank Thompson, Jr. [D-N. J.]; Rep. John M. Murphy [D-N. Y.]; Richard Kelly [R-Fla.]). The congressmen and their co-conspirators were eventually convicted of influence peddling, conflict of interest, bribery, and racketeering. They were sentenced to terms averaging two to three years, with fines ranging from $20,000 to $50,000. Toward the end of 1980, the enforcement bodies within the Senate and House each pursued their own independent investigations and began the process of expulsion. Five of the six congressmen faced reelection during the trial, and none were reelected. Before the onset of the next term, however, the House succeeded in expelling Myers, and was about to expel Jenrette, who chose to resign before the vote could be taken. Senator Williams also resigned moments before the Senate vote to expel him. Williams was only the third senator in history to be convicted of a felony and the first to face expulsion. Similarly, Myers became the first member of the House to be expelled since the Civil War.

Abscam raised a number of issues regarding freedom of the press, Department of Justice oversight, and impeachment procedure. Consumer advocate Ralph Nader and Attorney General Benjamin Civiletti, as well as civil libertarians, condemned the FBI leaks, which initially brought the scandal to public attention. Nader was particularly concerned that the leaks violated constitutional due process by convicting the suspect in the arena of public opinion even before the trial had taken place. The outcry inspired an internal Justice Department investigation, which eventually led to disciplinary action against two prosecutors and five agents, who received letters of censure (the lightest measure available). The U. S. SUPREME COURT heard the case, Myers v. NBC (1980), involving allegations that NBC improperly aired material evidence on television. The Court decided that the seriousness of the case warranted “public inspection” of the evidence and rejected Myers’s argument. This ruling provided precedent for news organizations reporting on celebrated court cases, allowing them to broadcast limited discovery evidence as a matter of public interest. Additionally, the Senate and House debates over the expulsion of their members brought up serious questions concerning the discretion of the FBI. Most of the accused congressmen claimed they were victims of aggressive tactics, which placed them in situations of unavoidable entrapment. The appellate courts repeatedly rejected these claims, and a later Senate probe into the sting operation revealed no indiscretions. The ACLU called for clear definitions of entrapment and strict measures to limit FBI initiatives. Another question arose in the Senate regarding whether bribery, racketeering, and influence peddling warranted expulsion or whether it could be addressed by censure. Both Republicans and Democratic leaders argued that such mild treatment would undermine the integrity of the Senate. After five days of debate, expulsion became inevitable, and Senator Williams resigned before it came to a vote.

—Aharon W. Zorea