http://www.washingtontimes.com/article/20071222/METRO/221653809

Chief clerk front and center in session suit

Washington Times
December 22, 2007

By Tom LoBianco - WESTMINSTER, Md. - Hardly a power player in Maryland politics, Mary Monahan, the chief clerk of the House of Delegates, yesterday became the central figure in a lawsuit that could invalidate the work of last month's three-week special session.

State Republicans and a Carroll County businessman filed the suit earlier this month to invalidate the special session, charging that the Senate improperly took too long of a break without legally required permission from the House.

Carroll County Circuit Court Judge Thomas F. Stansfield granted a continuance yesterday, which would give plaintiffs until Jan. 4 to find Mrs. Monahan and obtain her testimony.

Lawyers disclosed during the court proceedings that Mrs. Monahan, who serves as the official clerk charged with recording and validating proceedings in the House journal, is being sought by an FBI agent and private investigators.

"I see it as sufficient bearing as to be reasonably disturbing," Judge Stansfield said in his decision to postpone the case, adding that he was "rather concerned" that the FBI was investigating the matter.

Attorneys for the state, which is the defendant in the case, said they did not think Mrs. Monahan's testimony would be pertinent to the case and that the court should proceed quickly.

"Our arguments on Jan. 4 will be just the same as they are today," said Austin C. Schlick, assistant attorney general. "The claims in this case have absolutely no bearing in the Maryland constitution."

Irwin Kramer, an attorney representing the plaintiffs, disagreed. He called Mrs. Monahan a "fugitive from justice."

"I doubt seriously she left the jurisdiction to hide from meaningless technicalities and that the FBI is interested in meaningless technicalities," he said.

Mr. Kramer said he tried to take her written testimony this week, but both he and two private investigators were unable to find her at her homes - in Annapolis and on the Eastern Shore - or at work in the State House.

Attorney General Douglas F. Gansler unsuccessfully tried to quash a subpoena of Mrs. Monahan earlier this week. She then hired a private attorney.

An assistant attorney general this week sent a letter to Mrs. Monahan's attorney, David Thompson, acknowledging that an FBI agent was looking for her.

"This is to confirm our understanding that you represent Ms. Monahan in connection with an inquiry she received from the Federal Bureau of Investigation coincident with a request made by the plaintiffs ... to take her deposition ..." wrote Gary W. Kuc, an assistant attorney general.

Michelle Crnkovich, a spokeswoman for the FBI in Baltimore, said she has "no knowledge of any investigation involving [Mrs.] Monahan."

The lawsuit, filed by Senate and House Republican leadership, seeks to invalidate the recently concluded special session and block the tax increases lawmakers passed.

The taxes, which include an income-tax restructuring, cigarette-tax increase, car-registration fee increase and sales-tax increase and expansion, are expected to take effect Jan. 1.