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Business Friday, February 15, 2002

Lawmaker says Microsoft donations taint Ashcroft

D. IAN HOPPER, THE ASSOCIATED PRESS

WASHINGTON -- Attorney General John Ashcroft should have declined to participate in the Microsoft case as he did with the Enron investigation, the House Judiciary Committee's top Democrat said Thursday.

In a letter to Ashcroft, Rep. John Conyers said Microsoft's contributions to Ashcroft's Senate campaign -- $20,000 in Ashcroft's failed 2000 bid alone -- "cast even further doubt on the administration's actions" in the antitrust case.

Ashcroft disqualified himself from the Enron investigation because he received donations for his Senate bid in 2000 from the energy company. Justice's entire Houston office also has bowed out.

"I am disappointed you have failed to take similar action in the Microsoft case, a matter involving a party from whom you also received sizable contributions," wrote Conyers, House Judiciary Committee chairman.

Conyers also has benefited from Microsoft, receiving $6,000 in political action committee donations from the software giant in the past two elections, Federal Election Committee records show.

Justice Department official Gina Talamona referred to the department's statement on Enron, citing "the totality of the circumstances" as reason for Ashcroft's decision.

"There was no basis for a recusal in" the Microsoft case, Talamona said.

Conyers and other members of Congress have questioned the settlement reached last year between Microsoft, the Justice Department and nine states. They say the settlement is too lenient on the company, which was found to have broken antitrust law.

The government's deal would prevent Microsoft from retaliating against partners for using non-Microsoft products, require the company to disclose some of its software blueprints so software developers can make compatible products and make it easier to remove extra Windows features.

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