Kim Would Take 5th, Document Says

Rep. Jay C. Kim would reluctantly invoke his 5th Amendment right against self-incrimination if subpoenaed to testify in the upcoming campaign money-laundering trial of his campaign treasurer, according to a document filed in Los Angeles federal court.

In a motion seeking to delay the start of the trial, defense attorney Sherryl E. Michaelson said Kim and his wife, June, have been advised by their legal counsel not to testify on behalf of her client even though they “fully support” him and have “information that bears on his innocence.”

The congressman’s campaign treasurer, Soekuk Ma, was indicted in December on charges of concealing illegal campaign donations and tampering with a witness who was to testify before a federal grand jury in connection with the case. The judge delayed the trial to March 11.

Kim, a Republican from Diamond Bar, and his wife, who has been a principal behind-the-scenes figure in his three successful congressional campaigns, have not been been charged with any wrongdoing.

However, according to their attorney, Ted Duffy, they regard themselves as the ultimate targets of the federal probe, which began more than three years ago and has resulted in guilty pleas by five South Korea-based companies accused of funneling illegal contributions to Kim’s 1992 campaign.

Ma’s attorney said Duffy indicated that he would consider allowing the Kims to testify at Ma’s trial if it were postponed until June, “when he understands the statute of limitations will have run with respect to any charges that might be brought against his clients.”

Reached for comment Tuesday, Duffy said he would insist on more than a postponement.

Inasmuch as the government may be looking to indict the Kims for their actions in subsequent races, Duffy said, he would also insist that the couple be granted immunity from prosecution before giving his consent to their testifying.

That prospect is considered most unlikely.

In her motion, defense lawyer Michaelson said Kim and his wife have “vital testimony” that would undermine the credibility of “certain former members of the campaign” who are likely to be called as prosecution witnesses against Ma.

She said the Kims’ testimony would be “critical” to the jury’s understanding that Ma’s role in the campaign was limited and that the handling and reporting of contributions was assigned to paid professional staff members.

She also said that the prosecution had been slow in turning over government records she needs to prepare her case.

And she said she requires the extra time to research possible defense motions, ranging from suppression of government evidence to a change of venue because of “anti-Korean American bias” in California.

Both Ma and Kim are Korean Americans.

Kim, whose 41st District encompasses portions of Los Angeles, Orange and San Bernardino counties, is the first Korean American elected to Congress.

In the end, Ma’s attorney did not get her requested four-month delay. U.S. District Court Judge Manuel L. Real did agree to grant the defense a five-week postponement, setting March 11 as the new trial date.

Ma, who owns a telecommunications parts supply business in Pomona, is accused of knowingly accepting $5,450 from seven corporate donors and concealing those contributions as well as a $1,250 donation from the Federal Election Commission in 1994. Corporate contributions to candidates for federal office are illegal.

He also is charged with trying to dissuade a grand jury witness in November from testifying about a $2,500 donation she made to Kim’s campaign.