Justice Dept. Defended Larger Tobacco Penalty

Officials Later Said That Reduction Was Needed to Comply With Ruling

By Carol D. Leonnig

Washington Post Staff Writer
Wednesday, June 15, 2005; Page A05

Senior Justice Department officials argued in a court filing one month ago that the government's demand for a $130 billion smoking-cessation program funded by the tobacco industry was a legal penalty in the landmark lawsuit and unaffected by a February court ruling that rejected other sanctions against the industry.

Last week, the same officials, including one who signed the May 12 document, surprised anti-tobacco activists and the tobacco industry by dramatically scaling back that proposal and demanding a $10 billion program. They said the cut, which came in the closing days of an eight-month trial, was necessary because the larger smoking-cessation program would not legally comply with the same February appeals court ruling.