Randy Cunningham
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Randall Harold "Duke" Cunningham (born December 8, 1941) is a former American politician, decorated
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
veteran,
fighter ace A flying ace, fighter ace or air ace is a military aviator credited with shooting down five or more enemy aircraft during aerial combat. The exact number of aerial victories required to officially qualify as an ace is varied, but is usually co ...
, and ex-felon. Cunningham served as a Republican member of the
U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
from California's 50th district from 1991 to 2005, and subsequently served eight years in prison for accepting at least $2.4 million in bribes from
defense contractor The arms industry, also known as the arms trade, is a global industry which manufactures and sells weapons and military technology. It consists of a commercial industry involved in the research and development, engineering, production, and serv ...
s. He resigned from Congress in 2005 after having pled guilty to
bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
,
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
, and
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
in a widely publicized trial. Prior to his political career, Cunningham was an officer and pilot in the
U.S. Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage o ...
for 20 years. Following the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
, during which he became the U.S. Navy's only pilot ace of that war, Cunningham became 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 An aggressor squadron or adversary squadron (in the US Navy and USMC) is a squadron that is trained to act as an opposing force in military wargames. Aggressor squadrons use enemy tactics, techniques, and procedures to give a realistic simulat ...
at
NAS Miramar Marine Corps Air Station Miramar (MCAS Miramar) , formerly Naval Auxiliary Air Station (NAAS) Miramar and Naval Air Station (NAS) Miramar, is a United States Marine Corps installation that is home to the 3rd Marine Aircraft Wing, which is the avi ...
, California. Cunningham resigned from the House on November 28, 2005, after pleading guilty to accepting at least $2.4 million in bribes and
under-reporting Under-reporting usually refers to some issue, incident, statistic, etc., that individuals, responsible agencies, or news media have not reported, or have reported as less than the actual level or amount. Under-reporting of crimes, for example, makes ...
his
taxable income Taxable income refers to the base upon which an income tax system imposes tax. In other words, the income over which the government imposed tax. Generally, it includes some or all items of income and is reduced by expenses and other deductions. Th ...
for 2004. He pleaded guilty to federal charges of tax evasion, and
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to commit bribery,
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
, and
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
. He was sentenced to eight years and four months in prison and was ordered to pay $1.8 million in
restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court o ...
. On June 4, 2013, Cunningham completed his prison sentence; he now lives in
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
. On January 20, 2021, Cunningham was granted a conditional pardon by President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
.


Early life

Cunningham was born in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, to Randall and Lela Cunningham on December 8, 1941, one day after the
attack on Pearl Harbor The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii, j ...
. His father was a truck driver for
Union Oil Union Oil Company of California, and its holding company Unocal Corporation, together known as Unocal was a major petroleum explorer and marketer in the late 19th century, through the 20th century, and into the early 21st century. It was headqu ...
at the time.California Birth certificate 41-118503 Around 1945, the family moved to
Fresno Fresno () is a major city in the San Joaquin Valley of California, United States. It is the county seat of Fresno County and the largest city in the greater Central Valley region. It covers about and had a population of 542,107 in 2020, maki ...
, where Cunningham's father purchased a
gas station A filling station, also known as a gas station () or petrol station (), is a facility that sells fuel and engine lubricants for motor vehicles. The most common fuels sold in the 2010s were gasoline (or petrol) and diesel fuel. Gasoline ...
. In 1953 they moved to rural
Shelbina, Missouri Shelbina is a city in southern Shelby County, Missouri, United States. The population was 1,613 at the 2020 census. History Shelbina was platted in 1857 when the railroad was extended to that point. The name "Shelbina" is derived from Shelby Co ...
, where his parents purchased and managed the
five-and-dime A variety store (also five and dime (historic), pound shop, or dollar store) is a retail store that sells general merchandise, such as apparel, automotive parts, dry goods, toys, hardware, home furnishings, and a selection of groceries. It us ...
Cunningham Variety Store.


Personal life

Cunningham married Susan Albrecht in 1965; they had met in college. They adopted a son together. Susan Cunningham filed for
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and a
restraining order A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection or ...
in January 1973, based on her claims of
emotional abuse Emotions are mental states brought on by neurophysiological changes, variously associated with thoughts, feelings, behavioral responses, and a degree of pleasure or displeasure. There is currently no scientific consensus on a definition. E ...
, and the divorce was granted eight months later. Cunningham later said that his life hit "rock-bottom" in that year. In 1973, he met Dan McKinnon, a publisher and son of former Congressman
Clinton D. McKinnon Clinton Dotson McKinnon (February 5, 1906 – December 29, 2001) was an American United States Democratic Party, Democratic politician and journalist from San Diego, California, San Diego. He served two terms in the United States House of Repr ...
, who encouraged him to turn his life around. Cunningham married his second wife, Nancy, in 1974. They have been separated since July 2005 and have two daughters.


Education and military service

Cunningham graduated from Shelbina High School in 1959. He attended Kirksville Teacher's College for one year before transferring to the
University of Missouri The University of Missouri (Mizzou, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
in Columbia. Cunningham graduated with a bachelor's degree in
education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...
and
physical education Physical education, often abbreviated to Phys Ed. or P.E., is a subject taught in schools around the world. It is usually taught during primary and secondary education, and encourages psychomotor learning by using a play and movement explorati ...
in 1964; he obtained his
M.A. A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
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, or HCHS (locally referred to as simply "Central") 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 ...
, 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 The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
in 1967. During his service, Cunningham and his Navigator/Radar Intercept Officer (RIO) "Irish" Driscoll became the only Navy aces in the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
, flying an
F-4 Phantom II The McDonnell Douglas F-4 Phantom II is an American tandem two-seat, twin-engine, all-weather, long-range supersonic jet interceptor and fighter-bomber originally developed by McDonnell Aircraft for the United States Navy.Swanborough and Bow ...
from aboard
aircraft carrier An aircraft carrier is a warship that serves as a seagoing airbase, equipped with a full-length flight deck and facilities for carrying, arming, deploying, and recovering aircraft. Typically, it is the capital ship of a fleet, as it allows a ...
. He and Driscoll recorded five aerial victories against
North Vietnam North Vietnam, officially the Democratic Republic of Vietnam (DRV; vi, Việt Nam Dân chủ Cộng hòa), was a socialist state supported by the Soviet Union (USSR) and the People's Republic of China (PRC) in Southeast Asia that existed f ...
ese
MiG-21 The Mikoyan-Gurevich MiG-21 (russian: Микоян и Гуревич МиГ-21; NATO reporting name: Fishbed) is a supersonic jet fighter and interceptor aircraft, designed by the Mikoyan-Gurevich Design Bureau in the Soviet Union. Its nickna ...
and
MiG-17 The Mikoyan-Gurevich MiG-17 (russian: Микоян и Гуревич МиГ-17; NATO reporting name: Fresco) is a high-subsonic fighter aircraft produced in the Soviet Union from 1952 and was operated by air forces internationally. The MiG-17 w ...
aircraft between January and May 1972, including three kills in one flight (earning them the
Navy Cross The Navy Cross is the United States Navy and United States Marine Corps' second-highest military decoration awarded for sailors and marines who distinguish themselves for extraordinary heroism in combat with an armed enemy force. The medal is eq ...
). In the final engagement, Cunningham downed a
MiG-17 The Mikoyan-Gurevich MiG-17 (russian: Микоян и Гуревич МиГ-17; NATO reporting name: Fresco) is a high-subsonic fighter aircraft produced in the Soviet Union from 1952 and was operated by air forces internationally. The MiG-17 w ...
, which was supposedly piloted by "Colonel Toon", a mythical North Vietnam Air Force
fighter ace A flying ace, fighter ace or air ace is a military aviator credited with shooting down five or more enemy aircraft during aerial combat. The exact number of aerial victories required to officially qualify as an ace is varied, but is usually co ...
loosely based on a North Vietnamese pilot from the 921st Fighter
Regiment A regiment is a military unit. Its role and size varies markedly, depending on the country, service and/or a specialisation. In Medieval Europe, the term "regiment" denoted any large body of front-line soldiers, recruited or conscripted ...
named Nguyen Van Coc. It was later revealed by historians that there was no such Colonel Toon, and that the story was fabricated by Cunningham himself. Van Coc retired from the Vietnamese People’s Air Force in 2002. While returning to the carrier after the final shoot-down, Cunningham and Driscoll were forced to eject from their F-4 over water near
Nam Dinh Nam, Nam, or The Nam are shortened terms for: * Vietnam, which is also spelled ''Viet Nam'' * The Vietnam War Nam, The Nam or NAM may also refer to: Arts and media * Nam, a fictional character in anime series ''Dragon Ball'' * ''NAM'' (video ...
, but they were rescued by Navy helicopter. After returning to the US from Vietnam in 1972, Cunningham became an instructor at the US Navy's Fighter Weapons School (TOPGUN) at
Naval Air Station Miramar Marine Corps Air Station Miramar (MCAS Miramar) , formerly Naval Auxiliary Air Station (NAAS) Miramar and Naval Air Station (NAS) Miramar, is a United States Marine Corps installation that is home to the 3rd Marine Aircraft Wing, which is the avi ...
in
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
. He was reportedly nearly
court-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
ed for allegedly breaking into his commanding officer's office to compare his records and fitness reports with those of his colleagues — a charge denied by Cunningham but supported by two of his superior officers at the time. Cunningham served tours with
VF-154 Strike Fighter Squadron 154 (VFA-154), also known as the "Black Knights", is a United States Navy strike fighter squadron stationed at Naval Air Station Lemoore. The Black Knights are an operational fleet squadron flying the F/A-18F Super Hornet. ...
,
United States Seventh Fleet The Seventh Fleet is a numbered fleet of the United States Navy. It is headquartered at U.S. Fleet Activities Yokosuka, in Yokosuka, Kanagawa Prefecture, Japan. It is part of the United States Pacific Fleet. At present, it is the largest of th ...
, and as
executive officer An executive officer is a person who is principally responsible for leading all or part of an organization, although the exact nature of the role varies depending on the organization. In many militaries and police forces, an executive officer, o ...
/
commanding officer The commanding officer (CO) or sometimes, if the incumbent is a general officer, commanding general (CG), is the officer in command of a military unit. The commanding officer has ultimate authority over the unit, and is usually given wide latitu ...
of the shore-based adversary squadron
VF-126 Fighter Squadron 126 (VF-126) was an aggressor squadron of the U.S. Navy. The squadron was originally established as Attack Squadron 126 (VA-126) on 6 April 1956, it was redesignated VF-126 on 15 October 1965 and disestablished on 1 April 1994. ...
. In 1985, Cunningham earned an
MBA A Master of Business Administration (MBA; also Master's in Business Administration) is a postgraduate degree focused on business administration. The core courses in an MBA program cover various areas of business administration such as accounti ...
from
National University A national university is mainly a university created or managed by a government, but which may also at the same time operate autonomously without direct control by the state. Some national universities are associated with national cultural or po ...
. In 1987, he was featured on the
PBS The Public Broadcasting Service (PBS) is an American public broadcasting, public broadcaster and Non-commercial activity, non-commercial, Terrestrial television, free-to-air television network based in Arlington, Virginia. PBS is a publicly fu ...
broadcast of the ''
NOVA A nova (plural novae or novas) is a transient astronomical event that causes the sudden appearance of a bright, apparently "new" star (hence the name "nova", which is Latin for "new") that slowly fades over weeks or months. Causes of the dramati ...
'' special "Top Gun And Beyond", during which he recounted his engagement with the North Vietnamese fighter pilot thought to be "Colonel Toon". He retired from the Navy with the final rank of
commander Commander (commonly abbreviated as Cmdr.) is a common naval officer rank. Commander is also used as a rank or title in other formal organizations, including several police forces. In several countries this naval rank is termed frigate captain. ...
in 1987, settling in
Del Mar Del Mar is Spanish for "of the sea" or "from the sea". It may refer to: Places in the United States * Del Mar, California * Del Mar High School, located in San Jose, California * Del Mar racetrack, located in Del Mar, California * Del Mar Fai ...
, a suburb of San Diego. Cunningham became nationally known as a
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
commentator on naval aircraft in the run-up to the
Persian Gulf War The Gulf War was a 1990–1991 armed campaign waged by a 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Iraq were carried out in two key phases: ...
.


Political career

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
congressional district Congressional districts, also known as electoral districts and legislative districts, electorates, or wards in other nations, are divisions of a larger administrative region that represent the population of a region in the larger congressional bod ...
s that divided
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
. The district had been held for eight years by
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
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 Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
. 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, giving Republicans full representation of the San Diego area for only the second time since the city was split into two districts after the 1960 census. Cunningham's status as a Vietnam war hero made him a sought-after source, by colleagues and the media, in the debate on whether to use military force against
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
in the lead up to the first
Gulf War The Gulf War was a 1990–1991 armed campaign waged by a 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Iraq were carried out in two key phases: ...
.
Guy Vander Jagt Guy Adrian Vander Jagt ( ; August 26, 1931 – June 22, 2007) 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. Vander Jagt was descri ...
of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, longtime chairman of the
National Republican Congressional Committee The National Republican Congressional Committee (NRCC) is the Republican Hill committee which works to elect Republicans to the United States House of Representatives. The NRCC was formed in 1866, when the Republican caucuses of the House and S ...
, 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 San Diego County (), officially the County of San Diego, is a county in the southwestern corner of the U.S. state of California. As of the 2020 census, the population was 3,298,634, making it California's second-most populous county and the fi ...
. At the same time, the 51st added several areas of heavily Republican
North San Diego County 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 869,322. North County is well known for its affluence, especiall ...
. 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 The House banking scandal broke in early 1992, when it was revealed that the US House of Representatives allowed its members to overdraw their House checking accounts without the risk of being penalized by the House bank, which was actually a clea ...
hurt him. As polls showed Cunningham with a substantial lead, Lowery dropped out of the primary race, effectively handing Cunningham the nomination. Cunningham breezed to victory in November. Even though the district (renumbered as the 50th after the 2000 census) was not nearly as conservative as the other two Republican-held districts in the San Diego area, Cunningham was re-elected six times with no less than 55 percent of the vote. Cunningham was a member of the Appropriations and
Intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can b ...
committees, and chaired the House Intelligence Subcommittee on Human Intelligence Analysis and Counterintelligence during the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
. He was considered a leading Republican expert on
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
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 is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
in 1998, he became a champion of early testing for the disease. Cunningham was known for making controversial comments. For example: * Making a comment about gay Congressman
Barney Frank Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committee ...
, where he called the
rectal examination Digital rectal examination (DRE; la, palpatio per anum, PPA) is an internal examination of the rectum, performed by a healthcare provider. Prior to a 2018 report from the U.S. Preventive Services Task Force, the DRE was a common and "dreaded" co ...
for
prostate cancer Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
"just not natural, unless maybe you're Barney Frank". * Displaying his middle finger to a constituent and "for emphasis,
houting The houting (''Coregonus oxyrhynchus'') is a European, allegedly extinct species of whitefish in the family Salmonidae. It is native to the estuaries and rivers draining to the North Sea. The houting is distinguishable from other ''Coregonus'' t ...
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 had previously made about Vietnam War protesters. * Referring to gay soldiers as "
homo ''Homo'' () is the genus that emerged in the (otherwise extinct) genus ''Australopithecus'' that encompasses the extant species ''Homo sapiens'' ( modern humans), plus several extinct species classified as either ancestral to or closely relate ...
s" 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." He later apologized for his comments. 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 Robert Kenneth Dornan (born April 3, 1933) is an American politician and actor from California. A Republican, Dornan served in the United States House of Representatives from 1977 to 1983 and from 1985 to 1997. He has become well known for publicl ...
; both were ardent conservatives, both were former military pilots, and both spoke out against perceived enemies. In 1992, Cunningham, along with Dornan and fellow San Diego Republican Duncan L. 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 laws, drug penalties and voted for the death penalty for major drug dealers. Four months later, his son Todd was arrested for helping to transport of cannabis (drug), marijuana from Texas to Indiana. 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). After the sentencing, Cunningham was seen leaving the courthouse crying. 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 fin soup, shark finning 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 also unsuccessfully advocated for the death penalty for all those convicted of shark finning. Cunningham co-sponsored, along with Democrat John Murtha, the so-called "Flag Desecration Amendment", which would add the following sentence to the United States Constitution, Constitution of the United States:
The Congress shall have power to prohibit the flag desecration, 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 also advocated for the death penalty for all those convicted of flag desecration. 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. Cunningham supported reinstitution of the Selective Service Conscription in the United States, draft.


Scandals and corruption


Allegations

In June 2005, a story appeared in the ''San Diego Union Tribune'' by Marcus Stern (journalist), Marcus Stern and Jerry Kammer, who later received a Pulitzer Prize for their reporting. The story revealed that a
defense contractor The arms industry, also known as the arms trade, is a global industry which manufactures and sells weapons and military technology. It consists of a commercial industry involved in the research and development, engineering, production, and serv ...
, Mitchell Wade, founder of the defense contracting firm MZM Inc. (since renamed Athena Innovative Solutions Inc. and later acquired by CACI), bought Cunningham's house in Del Mar in 2003 for $1,675,000. A month later, Wade placed it back on the market where it remained unsold for eight months until the price was reduced to $975,000. Cunningham was a member of the Defense Appropriations Subcommittee at the time. Soon after the purchase, Wade's company 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 rent-free on a yacht named the "Duke Stir" while he was in Washington, D.C., Washington. The yacht was owned by Wade; Cunningham paid only for maintenance. An article in ''The San Diego Union Tribune'' 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 a lava lamp. The Federal Bureau of Investigation launched an investigation regarding the real estate transaction. Cunningham's 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, 2005 Cunningham announced he would not run for a ninth term in 2006, saying that while he believed he would be cleared of any wrongdoing, he could not defend himself and run for re-election at the same time. He admitted to displaying "poor judgment" when he sold his house to Wade. Besides Wade, the three other co-conspirators were: Brent R. Wilkes, founder of San Diego-based ADCS Inc.; New York City, New York businessman Thomas Kontogiannis; and John T. Michael, Kontogiannis' nephew and 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 had 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 Cunningham 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 officia
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, ''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, narcotics, hotel rooms, limousines, and other amenities.


Plea agreement

On November 28, 2005, Cunningham pleaded guilty to
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
,
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
to commit
bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
,
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
and
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
in United States District Court for the Southern District of California, federal court in San Diego. Among the many bribes Cunningham admitted receiving was the sale of his home in Del Mar at an inflated price, the free use of the yacht "Duke Stir," a used Rolls-Royce car, 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 life imprisonment, 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 also forfeited 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.


Resignation

Cunningham announced that he would resign from the House at a press conference just after entering his plea. He read a 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.
Cunningham submitted his official resignation letter to the Clerk of the United States House of Representatives, Clerk of the House and to Governor of California, Californian Governor Arnold Schwarzenegger on December 6, 2005.


Sentencing and prison

On March 3, 2006, U.S. District Judge Larry Alan Burns, Larry A. Burns sentenced Cunningham to eight years and four months in prison. Federal prosecutors pushed for the maximum sentence of ten years, but Cunningham's defense lawyers argued that at 64 years old and with
prostate cancer Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
, 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 was the longest jail term ever given to a former Congressman. On the day of sentencing, Cunningham was 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 was incarcerated in the minimum security satellite camp at the United States Penitentiary, Tucson, U.S. Penitentiary at Tucson, Arizona with a scheduled release date of June 4, 2013. He spent his time at the prison teaching fellow inmates to obtain their General Educational Development, GED, as well as advocating for prison reform. Despite his guilty plea, Cunningham received pensions for his 21 years of U.S. Navy service and almost 15 years in Congress. However, prosecutors were successful in garnishing them for back taxes and penalties. In June 2010, Cunningham submitted a handwritten three-page letter to sentencing Judge Larry Burns, complaining that the Internal Revenue Service, IRS was 'killing' him by seizing all his remaining savings and his Congressional and Navy pensions, penalties he feels were not warranted under his plea agreement. Burns wrote back in August 2010, stating that the agency was collecting back taxes, interest and penalties on the bribes Cunningham received in 2003 and 2004; thus, there was no action for Burns to take. 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 Burns has declared his case closed, he was now offering to speak to the media, which had "inundated" him with inquiries since 2004. According to ''CityBeat'', in the statement, Cunningham claimed that he was "doped up on sedatives" and made his plea knowing that it was "90 to 95% untrue".


Release from prison

Cunningham was released to a halfway house in New Orleans in February 2013. On June 4, 2013, he was completely released from confinement. Cunningham told a federal judge that he planned to live in Arkansas and that he would live on $1,700 a month. In his letter, Cunningham pleaded for a gun permit, saying he longed to hunt in Arkansas. The judge denied the request as being beyond the scope of his authority, citing the law that limits gun permits for convicted criminals: a law that Cunningham voted for while in Congress. Cunningham received a pardon from President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
on January 13, 2021.


Reactions to the scandal

Darrell Issa, a Republican who represented the neighboring California's 49th congressional district, 49th District, said after Cunningham's plea that he had 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". 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." 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. Bush called Cunningham's actions "outrageous" at a press briefing in El Paso, Texas. He also said that Cunningham should "pay a serious price" for his crimes. Speaker of the United States House of Representatives, 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". 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. The bill died in committee, by unanimous vote.


Aftermath

* Almost as soon as Cunningham pleaded guilty, Intelligence Committee chairman Pete Hoekstra of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
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. * On January 6, 2006 ''Time (magazine), Time'' reported that Cunningham cooperated with law enforcement by wearing a covert listening device, concealed recording device (a "wire") while meeting with associates prior to his guilty plea. It is not known whom he met with while wired, but there was speculation Cunningham's misdeeds were not isolated instances and his case would reveal a larger web of corruption. * In February 2006 Mitchell Wade pleaded guilty to paying Cunningham more than $1 million in bribes in exchange for millions more in government contracts. * In March 2006, it was revealed that Central Intelligence Agency, CIA officials opened an investigation into the CIA's No. 3 official, Kyle Foggo, and his relationship with Wilkes, "one of his closest friends", according to the article. Foggo said that all of the contracts he oversaw were properly awarded and administered. On May 12, Federal Bureau of Investigation, FBI officials raided the Vienna, Virginia, home of Foggo in connection with the scandal. In February 2007, Foggo was charged with fraud and other offenses in the Cunningham corruption investigation. The indictment also named Wilkes and John T. Michael. * In November 2010, 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 Prostate cancer is cancer of the prostate. Prostate cancer is the second most common cancerous tumor worldwide and is the fifth leading cause of cancer-related mortality among men. The prostate is a gland in the male reproductive system that sur ...
. * A California 50th Congressional District Election, 2006, special election to fill the vacancy left by Cunningham took place on April 11, 2006 between Democrat Francine Busby and Republican Brian Bilbray. No candidate obtained the majority necessary to win outright, so a runoff election was held. Bilbray won the runoff, narrowly defeating Busby. Bilbray beat Busby again in the regular election in November and retained his seat in the House until losing to Democrat Scott Peters (politician), Scott Peters in 2012. * On April 17, the staffs of ''U-T San Diego, The San Diego Union-Tribune'' and Copley News Service were awarded the 2006 Pulitzer Prize for National Reporting for their investigative work in uncovering Cunningham's crimes. * Four reporters from the ''Union-Tribune'' and its parent Copley News Service, who had written the stories that launched the Cunningham investigation, published a book called ''The Wrong Stuff: The extraordinary saga of Randy "Duke" Cunningham, the most corrupt congressman ever caught''.


See also

*List of American federal politicians convicted of crimes *List of federal political scandals in the United States


References


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

PAC donors, Indiv donors, Personal Financial Disclosures, Campaign Disbursements, at PoliticalMoneyLine
* * *


Profile
at SourceWatch *


Documents


Prosecutor's allegations against Cunningham
* *
Cunningham's Sentencing Memorandum
February 17, 2006) , - , - , - {{DEFAULTSORT:Cunningham, Duke 1941 births 21st-century American politicians American members of the Churches of Christ American politicians convicted of federal public corruption crimes American Vietnam War flying aces American people convicted of tax crimes Aviators from California California politicians convicted of crimes Living people Military personnel from California National University (California) alumni People from Shelby County, Missouri Politicians convicted of mail and wire fraud Politicians from Los Angeles Politicians from San Diego Recipients of American presidential pardons Recipients of the Air Medal Recipients of the Navy Cross (United States) Recipients of the Silver Star Republican Party members of the United States House of Representatives from California United States Naval Aviators United States Navy officers University of Missouri alumni