Contrasting legal outcomes for Reps. Davis and Hunter

Rep. Duncan Hunter
Rep. Susan Davis

By Donald H. Harrison

SAN DIEGO — Two members of San Diego’s congressional delegation had very different kinds of experiences on Tuesday, August 21, with America’s justice system.

Congresswoman Susan Davis (D-San Diego) was vindicated by a federal appeals court which dismissed a suit that had been brought against her by Chris Sevier who claimed that it was illegal for her to display the multicolored LGBTQ banner outside her Washington D.C. office alongside the U.S. and California flags. In the plaintiff’s opinion, homosexuality is a “religion” and the U.S. Constitution requires separation of church and state.

On learning that the case had been dismissed, Davis issued a news release saying the decision by the appeals court in Washington D.C. was “a good day for justice and equality. The lower court recognized the lack of merit to this lawsuit and I was always confident that the appellate courts would see it the same way. Marriage equality is the law of the land and should always remain that way. The final dismissal of this lawsuit is a victory for freedom and equality.”

While Davis, a member of the Jewish community, had cause for celebration, a Republican member of the San Diego delegation — Duncan D. Hunter — received word from the office of U.S. Attorney Adam L. Braverman that he and his wife, Margaret E. Hunter, had been indicted by a federal grand jury on charges they had illegally converted more than $250,000 in campaign funds to pay for personal expenses and had filed false reports with the Federal Elections Commission to cover this up.

A news release from Braverman’s office stated that the 48-page indictment “details scores of instances beginning in 2009 and continuing through 2016 in which the Hunters illegally used campaign money to pay for personal expenses that they could not otherwise afford. The purchases included family vacations to Italy, Hawaii, Phoenix, Arizona, and Boise, Idaho; school tuition; dental work; theater tickets; and domestic and international travel for almost a dozen relatives. The Hunters also spent tens of thousands of dollars on smaller purchases, including fast food, movie tickets, golf outings, video games, coffee, groceries, home utilities and expensive meals”

Hunter is the son of longtime congressman, Duncan L. Hunter, whom he succeeded as a congressman from the district representing much of East San Diego County. Duncan L. Hunter had at one point in his career served as the chair of the House Armed Services Committee.

The Hunters are scheduled to be arraigned on the indictment on Thursday at 10:30 a.m. before U.S. Magistrate Judge William V. Gallo. They are charged with Conspiracy to Commit Offenses Against the United States, Wire Fraud, Falsification of Records and Prohibited Use of Campaign Contributions.

“This case was investigated by the San Diego Division of the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Phillip Halpern, Emily Allen and Mark Conover,” according to Braverman.

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Harrison is editor of San Diego Jewish World.  He may be contacted via donald.harrison@sdjewishworld.com