In a (so far successful) attempt to stop a scandal, Bush perjured himself under oath, according to the sworn testimony of two of his political allies. The situation is amazingly similar to Clinton's Lewinsky problem: a potentially damaging lawuit arose (see below) that threatened to involve him. Just like Clinton, Bush swore an affidavit (http://www.realchange.org/bushaffi.pdf) that he had no involvement in the case, which got him excused from testifying. And just like Clinton, the affidavit was proven false months later by new evidence. In this case, it's the recent sworn testimony of Robert MacNeil, a Bush appointee, (http://www.realchange.org/macneil.pdf) that he had discussed the case with Bush at a fundraiser.

This scandal isn't as sexy as Monica's, but perjury is perjury, and this scandal actually involves the governor's job, not his sex life. Texas' state commission on funeral homes (the TFSC) started an investigation of SCI, the world's largest funeral home company (with 3,442 homes, plus 433 cemeteries) after complaints that unlicensed apprenctices were embalming corpses at 2 SCI embalming centers. The commission visited a couple of these, and ended up fining SCI $450,000.

But SCI pulled strings with the commission and with Bush himself. Shortly thereafter, the investigation was shut down and the agency's investigator was fired. She sought to question Bush for her lawsuit, and that's when he swore his admittedly false affidavit. In fact, that affidavit has been proven false twice now.

DETAILS: SCI has long cultivated Bush and his allies. They gave governor Bush $35,000 in the last election and $10K in 1994, gave $100,000 to the George Bush, Sr. library, and hired the ex-president to give a speech last year for $70,000. They also spread money around the Texas legislature and the Texas Attorney General's office.

After the investigation got serious, SCI's boss, Robert Waltrip, called the funeral commission's chairman and told him to "back off." If not, Waltrip said, "I'm going to take this to the governor."

Still, the investigation continued. So Waltrip and his lawyer/lobbyist, Johnnie B. Rogers, went to the governor's office and dropped off a letter demanding a halt to the investigation. Rogers told Newsweek that he and Waltrip were ushered in to see Joe Allbaugh, Bush's chief of staff (who is now Bush's campaign manager.) Rogers goes on to say that Bush Jr. popped his head in and said to Waltrip, "Hey, Bobby, are those people still messing with you?" Waltrip said yeah. Then the governor turned to Rogers and said, "Hey, Johnnie B. Are you taking care of him?" Rogers said "I'm doing my best, Governor."

The problem for Bush is that he swore under oath, in a July 20th 1999 affidavit, that he "had no conversations with [SCI] officials, agents, or represenatives concerning the investigation or any dispute arising from it." If Rogers is telling the truth, than Bush Jr. lied directly under oath. He filed the affidavit in an attempt to avoid testifying in a whistleblower lawsuit concerning this investigation and it's alleged squashing by Bush's administration.

Back in August of 1999, Bush himself admitted that he spoke with Waltrip and Rogers -- in other words, that he lied under oath -- but used Clintonesque denials to claim that it was nothing substantial. Bush told the Associated Press that "It's a 20-second conversation. I had no substantive conversation with the guy. Twenty seconds. That's hardly enough time to even say hello, much less sit down and have a substantive discussion. All I know is it lasted no time. And that hardly constitutes a serious discussion. I did not have any knowledge at all of Waltrip's problem with this case."

Of course, nothing Bush says here contradicts what Rogers said. In fact, his careful explanation of why this is not perjury is incredibly similar to Bill Clinton's weaseling about what the meaning of "is" is. And now MacNeil's sworn statement further confirms Bush's lie.

Whatever Bush said out loud, Waltrip's complaints to the governor got quick results. Eliza May -- the investigator for the funeral services commission -- says that after Waltrip visited the governor, she received phone calls from three senior Bush aides asking if she could wrap up her proble quickly. She says she was also summoned to another meeting in Allbaugh's office, one month after the first one, and found Waltrip already there. The governor's top aide, she says, demanded that she turn over a list of all of the documents that she needed "to close the SCI investigation."

Since then, investigator Eliza May has been fired, 6 or 10 staff members on the commission have been fired or resigned and not been replaced, and the Texas legislature -- led by members receiving substantial contributions from SCI -- passed a bill to reorganize the agency and remove it's head. On August 16, 199, Bush ordered his Comptroller to take over the agency and run it. May -- who, it should be noted, is a Democrat and was even state Democratic Treasurer at one point -- has filed a whistleblower lawsuit alleging she was fired because she persisted with the investigation.

Bush simply didn't show up for his scheduled deposition on July 1st, 1999 in the case. (He isn't a defendant in the case, because Governors are immune from lawsuits in Texas, but is being called as a material witness.) He filed his affidavit on July 20th to indicate that he had nothing to add.

Now Robert MacNeil -- who was the chairman of the Texas funeral commission at the time, a Bush appointee -- confirms that he also discussed the case with Bush, at a 1998 Texas fundraiser. In a sworn deposition, MacNeil (http://www.realchange.org/macneil.pdf) says that Bush asked him: “Have you and Mr. Waltrip got your problems worked out?” Replied McNeil: “We’re still trying to work on that, governor.” Bush then said, “Do your job.” Bush's campaign says that MacNeil's statement is false. But the language MacNeil says Bush used is almost identical to what he admits saying to Johnnie Rodgers in the governor's office

Signed affidavit by bush
http://www.realchange.org/bushaffi.pdf

Sworn testimony
http://www.realchange.org/macneil.pdf