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Bush DOJ Appointees Ordered Witnesses to Change Testimony in Tobacco Case

Confirmed by the career prosecutor.

Two weeks before closing arguments in June, McCallum called for a meeting with Eubanks and her deputy, Stephen Brody, to discuss what McCallum described as “getting the number down” for the $130 billion penalty to create smoking-cessation programs. Brody declined to comment yesterday on the legal team’s deliberations, saying that they were private.

During several tense late-night meetings, McCallum repeatedly refused to suggest a figure, Eubanks said, or give clear reasons for the reduction. Brody refused to lower the amount. Finally, on the morning the government was to propose the penalty in court, she said, McCallum ordered it cut to $10 billion.

The most stressful moment, Eubanks said, came when the three appointees ordered her to read word for word a closing argument they had rewritten. The statement explained the validity of seeking a $10 billion penalty.

“I couldn’t even look at the judge,” she said.

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