U.S. Rep. Henry Cuellar escaped ouster on the March Democratic Party primary, even as the vote came a few weeks after the FBI raided his Laredo home. Cuellar faces a May 24 runoff against Jessica Cisneros for the party nomination to represent House District 28 in Congress, a seat Cuellar has held since 2005.
Both are Laredo-based lawyers.
Some media outlets that had supported the incumbent in the past endorsed Cisneros in the primary, even after they had backed Cuellar against her challenge two years ago. House Speaker Nancy Pelosi has expressed her support for Cuellar, but she did not make any campaign trips to his district this year, like she has in the past. How much the FBI raid influenced the changes in endorsements is unknown, and could vary from one entity to another.
Cuellar’s attorney last week announced that the congressman is not suspected of any wrongdoing with regard to the investigation, which is believed to relate to the former Soviet republic of Azerbaijan that has build ties with United States. Cuellar is co-chair of the Azerbaijan Congressional Caucus. Country officials in the past have been investigated for giving lawmakers airplane flights and other gifts that exceeded value limits for Congress members and other government officials.
We have no reason to doubt Cuellar’s attorney’s assertion that the congressman is clear of any suspicion. However, he is an interested party and some people likely will raise such doubts. Unfortunately, there is no official system to offer public information regarding these kinds of clearances.
The FBI, like most investigative bodies, doesn’t comment on such matters. And it’s not their job. Investigators gather information and pass it on to prosecutors — in this case the U.S. Justice Department. Prosecutors review the evidence and decide if they have enough to present it to a grand jury, which then decides whether or not to issue an indictment.
Only indictments are announced. Cases that do not bring charges — no bills, they are called — are not, and that’s understandable. Prosecutors often continue looking for more evidence and can rework the case and present it again to the grand jury.
Many prosecutors are loath to announce no-bills, as they might find new evidence that could bring an indictment, or they could rework the case and seek different charges.
Such recalcitrance can leave a cloud of suspicion over people after they have been cleared — a cloud that could affect political or business careers, friendships and other fates.
State and federal officials should consider creating a non-binding notice that indicates when a review by prosecutors or grand juries do not lead to charges. It would not mean that charges might not be brought in the future, but people who might have been wrongly suspected might benefit from clearing their name, regardless of what happens in the future.
In Cuellar’s case, such a notice could focus his reelection campaign on his record, rather than on an investigation that might have been fruitless.
For private individuals, such clearance could have an even greater effect.
