Questions for Brian Mulroney's appearance at the Ethics Committee

Several good suggestions in the attached article, including whether he ever registered as a lobbyist...

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071209/ethics_mulroney_071209/20071209?hub=Canada

The Cat sets out some other questions for Mulroney for the Ethics Committee to consider. The list below is of areas the Committee should consider (check the available evidence from all sources) in drafting questions for the former prime minister.

I have set out a few of the questions under each category that puzzle me, and which I would want the former prime minister to provide detailed answers to, so that this matter hopefully should be put to rest.

Of course, Committee members need their own detailed questions in each category, with questions related to other evidence they have. Some references to articles, affidavits etc. which underly the questions, are set out below as well.

A lot of the focus of the questions are on the subject of ethics, as that is part of the Committee's mandate.

1 The Joe Clark campaign:

a. Was Mulroney aware of Schreiber's role in his successful campaign to become leader of the Tories and replace Joe Clark?

b. Was Mulroney aware of Schreiber's contributions to the conveyance of delegates to the leadership convention, including payments to wives of delegates, as Schreiber has said?

c. Did Mulroney understand that people such as Schreiber and Frank Moores worked for his election in the expectation of reaping some kind of rewards should Mulroney become prime minister, according to Schreiber?

d. Schreiber has spoken of his concept of "helpful donations". Did Mulroney agree at that time with Schreiber's philosophy? Does he agree now?

e. Was Mulroney aware of the discussion Schreiber says he had with Frank Moores about everyone helping because they all wanted something?

f. Does Mulroney think the Frank Moores philosophy (as set out by Schreiber), is an ethical one?

g. If Mulroney was aware of the expectations of Moores and Schreiber and others (that helping Mulroney replace Joe Clark would let them benefit economically), what steps - if any - did he take to indicate how he would conduct himself should he become prime minister? In particular, did he agree at that time that such expectations were acceptable, and would be met?


2 The prospects of working for CGI after retiring from politics:

a. Schreiber gave sworn evidence that Frank Moores told him that Mulroney would join CGI after he stepped down as prime minister. Was this the understanding Mulroney had at the time?

http://www.canada.com/topics/news/national/story.html?id=4928b164-a1c1-43ba-966e-fd9e0bedc06d&k=72044

b. Did Mulroney have any discussions, at the time he ran for leadership of the Conservative Progressive Party, or at any other time, with Frank Moores about possibly joining CGI after he stepped down as prime minister?

c. Did Mulroney have any discussions with any other people about possibly joining CGI after he stepped down as prime minister?

d. Does Mulroney agree that ordinary Canadians might find it ethically unsatisfactory for a prime minister of Canada to be so closely involved with lobbyists (such as Frank Moores), in the expectation that the prime minister would join the lobbyist's lobbying company once he stopped being prime minister?

e. Does Mulroney think Schreiber is wrong in saying that Frank Moores told him that there was this expectation that Mulroney would join CGI after he stopped being prime minister?

f. Did Mulroney ever receive any financial or other payments or commissions or remuneration from CGI? If so, when, what amounts, and why?


3 The role of CGI in the Airbus sale of aircraft to Air Canada:

a. Was Mulroney aware of the role of CGI in the sale of aircraft by Airbus to Air Canada?

b. When did Mulroney first become aware of the involvement of CGI in such sales?

c. Was Mulroney aware of the fact that CGI would be paid commissions should Airbus sell aircraft to Air Canada?

d. When did Mulroney become aware of the agreement for Airbus to pay commissions to CGI?

e. At any time, in any form (cash or otherwise), was Mulroney ever paid any amounts by any parties, with respect to the sale of aircraft by Airbus to Air Canada?

f. Schreiber has said that Fred Doucet told him that Schreiber was to ensure that a payment was to be made by CGI to a lawyer in Geneva for payment to Mulroney, in connection with the sale of aircraft by Airbus to Air Canada. Was Mulroney ever told of such a conversation, and if so, when was he told and by whom?

http://www.canada.com/topics/news/national/story.html?id=4928b164-a1c1-43ba-966e-fd9e0bedc06d&k=72044

g. Has Mulroney ever had a bank account in Switzerland?

h. Has Mulroney ever had a lawyer representing him, in any capacity, in Switzerland?

i. Has anyone else ever opened an account in a Swiss bank with the intent of transferring money into such an account, with such money to be used to make any payment to Mulroney in connection with (1) either the sale of aircraft by Airbus to Air Canada, or (2) in connection with any other business by any corporation with the Canadian government or any crown corporation?

j. To Mulroney's knowledge, is Schreiber's statement incorrect?

k. If Mulroney believes Schreiber's statement to be incorrect, why does Mulroney think Schreiber made it?

l. Has Mulroney ever discussed this statement of Schreiber with Fred Doucet? If so, when and what was discussed?

m. Is Mulroney aware of any persons who were paid commissions by CGI with respect to the sale of aircraft from Airbus to Air Canada?


4 The role of Frank Moores in CGI and on the board of Air Canada:

a. Was Mulroney aware that Frank Moores had an interest in CGI at the time that Mulroney appointed Moores to the board of Air Canada?

http://www.cbc.ca/canada/newfoundland-labrador/story/2007/11/15/moores-crosbie.html


b. Was Mulroney aware at the time of that appointment that CGI had an agreement with Airbus under which CGI would be paid commissions should Air Canada purchase aircraft from Airbus?

c. If so, did the possibility of a conflict of interest not concern Mulroney as prime minister?

d. Moores resigned from the board of Air Canada. Was Mulroney aware of the reasons for his resignation?

http://www.steviecameron.com/last/chronology/index.html

e. Is Mulroney aware of any action taken by Frank Moores with respect to the sale of aircraft by Airbus to Air Canada which was (1) unethical, or (2) illegal? If so, what, when did he become aware, and what steps did he take as prime minister in response?

f. Did Frank Moores ever discuss with Mulroney his role regarding Airbus? If so, when, where and what was said? Were other people present?

g. Did anybody else discuss with Mulroney the role of Frank Moores regarding Airbus? Who, when, and what was said? Were others present?

h. Schreiber has stated under oath that the appointment of Frank Moores to the board of Air Canada was a clear signal by the federal government to Airbus that the interests of Airbus in selling aircraft to Air Canada would be taken into account. Was the appointment of Moores to the board of Air Canada intended to send such a signal?

http://andrewcoyne.com/2007/12/liar-exonerates-liar_05.php

i. If Mulroney disagrees with Schreiber that the appointment of Moores to the board of Air Canada was meant to be such a signal, why does Mulroney think that Schreiber made such a statement?

j. Does Mulroney think that the involvement of Frank Moores with CGI and Airbus while Moores was on the board of Air Canada, was an ethical thing to do?

k. Does Mulroney agree that the ordinary Canadian might, in the light of the Schreiber statement, perceive that the appointment of Moores to the board of Air Canada might be a questionable action? And therefore that the Ethics Committee should investigate this issue further?

l. Can Mulroney recommend to the Committee what materials and/or persons the Committee should consult in order to show Canadians a clear paper trail, or in some other manner, that the statement made by Schreiber is wrong, that the appointment of Frank Moores to the board of Air Canada was an ethical and prudent thing to do?

m. Will Mulroney provide to the Ethics Committee copies of all written materials in his possession dealing with the sale of aircraft by Airbus to Air Canada?


5 The reasons for Mulroney changing the board of Air Canada:

a. Why did your government replace virtually the whole board of Air Canada when you became prime minister?

b. When did Mulroney become aware of the concerns of Boeing and the FBI relating to the sale of aircraft by Airbus to Air Canada?

c. In your view, did Boeing and the FBI have any valid reasons for their concern in that matter?

d. What steps did you take as prime minister upon becoming aware of the concerns of Boeing and the FBI?


6 The role of Schreiber as middle man for various companies dealing with the federal government:

a. When did Mulroney become aware of Schreiber's role with respect to foreign companies which were seeking to do business with the Canadian government or any provincial government or any crown corporations, during his office as prime minister?

b. Did Mulroney ever become aware of any events or rumours or actions regarding such roles of Schreiber, that gave Mulroney concern?

c. Did Schreiber every promise to pay Mulroney any commissions or success fees or any other payments of any kind, with respect to any transactions to be done by such foreign companies, other than the Bear Head project?


7 Mulroney's role in supporting and then opposing the Thyssen transaction:

a. Why did you support the Thyssen project?

b. Why and when did you decide not to support the Thyssen project?

c. You have stated that Norman Spector was wrong when he said you pressed for the Thyssen project to be implemented. Is Spector wrong in saying that?

http://www.thestar.com/News/article/281185

d. Why do you think Spector says that you pressed for implementation of the project?

e. Can Mulroney recommend to the Committee what materials and/or persons the Committee should consult in order to show Canadians a clear paper trail, or in some other manner, that the statement made by Spector is wrong?

f. At the time that agreement in principle between Thyssen and the government was signed, was there any indication that the proposal in that agreement that Thyssen would not have to pay for certain major infrastructure, would be problematical because of the possible costs to be absorbed by the federal government?

g. Why was the agreement in principle signed shortly before an election was called? Why was it not put over for the next government to execute?

h. Was Mulroney aware that Schreiber or a company in which he had an interest, would benefit from the execution of an agreement in principle between Thyssen and the Canadian government?

i. If not, when did Mulroney first become aware that Schreiber or a company in which he had an interest would so benefit?

j. Did Schreiber ever discuss with Mulroney Schreiber's possible benefit from the execution of an agreement in principle with Thyssen?

k. Was Mulroney aware at the time of the execution of that agreement in principle with Thyssen, of any discussions by Schreiber with any member of the government of any benefit he might receive from it's execution with Thyssen?

8 The setting of the scope of the probe into the Airbus deal by Crosbie:

a. When and why did Mulroney order Crosbie to probe the Airbus deal?

http://andrewcoyne.com/2007/12/schreiber-time-take-two.php

b. Who set the scope of the Airbus probe by Crosbie?

c. Does Mulroney know of any reason why Crosbie should have spoken to Schreiber during such probe of Airbus?


9 The agreement he entered into with Schreiber on June 23, 1993:

a. Who set up the meeting Mulroney had with Schreiber on June 23, 1993?

b. Where was the meeting held?

c. Were any other persons present when Schreiber arrived to attend the meeting with you?

d. Were any others present during any part of the meeting with Schreiber?

e. What were you told the purpose of the meeting would be?

f. Who told you the purpose of the meeting?

g. When you were told what the purpose of the meeting was to be, were you surprised by the purpose?

h. What topics were discussed at that meeting?

i. Schreiber has stated under oath that he reached an agreement with you at that meeting. Is he correct?

j. If Schreiber was correct, what exactly was the nature of that agreement?

k. Schreiber has stated under oath that he did not agree with you for you to provide services of any kind to him with respect to a pasta business at that June 23, 1993 meeting. Is Schreiber telling the truth?

l. If you do not believe that Schreiber's statement regarding the pasta business is correct, why do you think Schreiber has made such a statement?

m. Did you expect to be paid for any services which you might perform for Schreiber under the agreement you reached with him on June 23, 1993, or under any subsequent agreement?

n. Did either of you discuss exactly how much you would be paid, on June 23, 1993?

o. Did either of you discuss how much you would be paid, at any earlier or subsequent meeting?

p. Did you and Schreiber agree that you would be paid a success fee for the services you were to perform for him?

q. Did Schreiber agree, at the June 23 1993 meeting, or at any other meeting, to make a donation (gift) to you because you had done some work to help east and west Germany reunite?

r. Did Schreiber agree, at the June 23 1993 meeting, or at any other meeting, to make a donation (gift) to you because you were having financial difficulties or would be having financial difficulties after stepping down as prime minister?

s. Was any part of the $300,000 cash paid to you by Schreiber a donation or gift?

t. Did you declare the full $300,000 cash paid to you by Schreiber as taxable income?

u. Schreiber has described a type of "evolving agreement" which he entered into with you, starting with the agreement he entered into you on June 23, 1993 at Harrington Lake, which was one under which you would provide certain services for him, which would include lobbying the government, should Kim Campbell win a majority, with respect to the Bear Head project. He then said that as Campbell did not become prime minister, it was clearly not possible for you to provide those services with respect to Bear Head project, and so he still decided to pay you $300,000 in three cash installments, for a combination of 3 reasons: (1) that he had been told you needed the money to support your family, (2) because of his gratitude for your work on the reunification of east and west Germany, and (3) because he and you might find some other kind of work for you to perform for him. Is this concept of an "evolving agreement" as described by Schreiber correct?

v. You are a seasoned lawyer. Do you usually enter into consulting or lobbying agreements on an oral basis?

w. Why did you not reduce your agreement with Schreiber to writing?

x. Schreiber has claimed that his lawyer, Hladun, was approached by someone on your behalf with a request that Schreiber perjure himself. Is Schreiber correct?

y. To your knowledge, did anyone approach Schreiber on your behalf but without your consent, with such a request?

z. If Schreiber is not correct, why do you think he made such a statement?

aa. If Hladun agreed with Schreiber about the approach, would Hladun also be incorrect?

bb. Have you discussed this allegation of Schreiber with anyone?

cc. Why did you delay reporting the $300,000 as income for tax purposes?

dd. What, in your view, was the agreement you and Schreiber entered into at Harrington Lake on June 23, 1993?

ee. Was that Harrington Lake agreement amended by you and Schreiber at any later date? If so, when, where, how and why?

ff. Did Schreiber mention at the June 23, 1993 meeting at Harrington Lake, that he would have to check what amount he had available in his Frankfurt or other bank accounts, which he could use to pay you for services?

gg. Schreiber testified that he said that. Is Schreiber correct? Why would he say that?

hh. When and where did Schreiber first mention how much money he could use to pay you for services?


10 Reasons why Mulroney took $300,000 cash in three hotels from Schreiber:

a. Did you expect Schreiber to pay you a cash amount of $100,000?

b. What did Schreiber say the first payment of $100,000 cash was for?

c. What did Schreiber say the second payment of $100,000 cash was for?

d. What did Schreiber say the third payment of $100,000 was for?

e. Why did you accept cash payments for Schreiber?

f. Have you accepted large cash payments from other sources? From whom? For what?

g. Did you offer to send him a receipt for the first, second and third cash payments? Why not?

h. What exactly did you do with each of the three cash payments? Deposit it in your bank account? Spend it?

i. Did you carry any of the $300,000 cash payments you received from Schreiber across the US border into the USA?

j. Does Mulroney agree that the ordinary Canadian might, in the light of the concerns about the Airbus affair, and the potential lawsuits against Schreiber in Germany, , perceive that the acceptance by a prime minister of Canada of three lots of $100,000 on three separate occasions, in three hotels, believe this act on your part to be a very unusual one? And therefore that the Ethics Committee should investigate this issue further?

k. Can Mulroney recommend to the Committee what materials and/or persons the Committee should consult in order to show Canadians a clear paper trail, or in some other manner, that the statement made by you regarding the agreement you entered into with Schreiber, the cash payments to you, were an ethical and prudent thing to do?

l. Did you regard your acceptance of the cash payments of $3000,000 in the manner they were made, fully complied with your obligations as a practicing lawyer under any of the profession's codes of conduct?


11 What consideration did Mulroney actually provide for the $300,000 in cash Schreiber paid him:

a. Schreiber has stated under oath that you did not perform any of the services for him which you and he had agreed you would, and has claimed repayment of the $300,000. Is Schreiber right is stating this?

http://www.cbc.ca/canada/story/2007/11/29/schreiber-testimony.html?ref=rss

b. What services did you perform for Schreiber which warranted the payment of $300,000 (6 times the average annual Canadian's salary)?

c. Will Mulroney provide to the Ethics Committee copies of all written materials in his possession dealing with the $300,000 he received from Schreiber?


12 The Schreiber letter for Harper:

a. Is Schreiber correct that Elmer Mackay drafted the letter from Schreiber to Harper?

b. What was the purpose of that letter?

c. Schreiber has said that he had an agreement with you that you would provide the letter to Harper when you met him at Harrington Lake? Is this correct?

d. If Schreiber is wrong on this point, why do you think he has testified under oath that this was the purpose of the letter?

e. In the month prior to the meeting at Harrington Lake, did you or anyone on your behalf have any discussions with Harper with respect to Schreiber? If so, when, where, who and what?

f. Did you mention to Harper at the meeting at Harrington Lake that you had a letter from Schreiber for him?

g. Did you discuss Schreiber at all with Harper at the meeting at Harrington Lake? If so, what was said, by whom?

h. You received a letter from Schreiber, addressed to Harper. Yet you did not deliver it to Harper. Why not?

i. What did you do with the letter?

j. What did you tell Schreiber about the letter?

k. Schreiber says he was informed about the meeting you had with Harper at Harrington Lake and that Schreiber was discussed at that meeting? Do you know who informed Schreiber of this outcome of this meeting?

l. Does Mulroney agree that the ordinary Canadian might, in the light of the fact that Schreiber was facing extradition, and that Schreiber said two prime ministers of Canada were to discuss his plight, and that a letter, drafted by someone acting for you, was to be delivered to the current prime minister, and contained statements which were false, believe these events might be considered? And therefore that the Ethics Committee should investigate this issue further?

m. Can Mulroney recommend to the Committee what materials and/or persons the Committee should consult in order to show Canadians a clear paper trail, or in some other manner, that there is no need for any concerns on an ethical basis with respect to your meeting with Harper at Harrington?

n. Will Mulroney provide to the Ethics Committee copies of all written materials in his possession dealing with the letter from Schreiber to Harper, and the meeting between Mulroney and Harper at Harrington?

13 What changes Mulroney thinks should take place regarding lobbying of politicians in Canada.

14 What Mulroney thinks the scope of the inquiries by the Ethics Committee and the inquiry or special prosecutor to be appointed by Harper should be.