The Ethics Truce Lives On
Since 1998, there has been an ethics "truce" in the House of Representatives, under the terms of which no member will file an ethics complaint against another member. Because outsiders are prohibited from filing complaints with the House ethics committee, this has effectively shut down the ethics process.
In 2004, Citizens for Responsibility and Ethics in Washington (CREW) prepared an ethics complaint against former Majority Leader Tom DeLay (R-TX). In spite of DeLay's long history of ethics abuses, Minority Leader Nancy Pelosi was adamantly opposed to the filing of such a complaint. Nonetheless, Rep. Chris Bell (D-TX), who had lost his seat when DeLay gerrymandered the Texas congressional map, filed the complaint anyway. As a result of that complaint, DeLay was admonished by a unanimous ethics committee and people around the country began to take notice of the ethics crisis in Congress.
Over a year later, despite the numerous ethics scandals surrounding DeLay and other Members of Congress, the truce remains intact. Although Democrats talk about the "culture of corruption" in Washington and the need for ethics committee investigations, they don't take the one step that guarantees such inquiries: filing ethics complaints.
CREW had an ethics complaint ready to file against former Rep. and now convicted felon Duke Cunningham (R-CA) since July and we've had one ready to go against Bob Ney (R-OH) - the likeliest candidate to be the next indicted Member of Congress -- since February, but no House member was or has been willing to file either complaint.
Congress has a constitutional obligation to police itself, but members are full of excuses as to why they can't or won't file ethics complaints. The truth is that the Democratic leadership doesn't allow anyone to file a complaint for fear of retaliation, not exactly a profile in courage. Congressional inaction on ethics has forced the Department of Justice to criminally investigate conduct once left to the jurisdiction of the ethics committees. It is abundantly clear that the House leadership - both Democratic and Republican - will take ethics seriously only when we, as citizens and voters, force them to.
Melanie Sloan is the Executive Director of Citizens for Responsibility and Ethics in Washington (CREW). CREW is a non-profit, progressive legal watchdog group dedicated to holding public officials accountable for their actions.





Frankly, it rather looks as if what Rep. Pelosi and her associates want is to throw out the Republicans so they can run the House for their side the way Rep. DeLay has run it for his. Democrats do not object to corruption, only to their not getting enough out of it. Surveys suggest this is what the public believes. To change it, Democrats will need to get over their squeamishness about things like ethics investigations. They will also need to throw some of their own people over the side when they become ethically compromised.
December 8, 2005 2:31 PM | Reply | Permalink
Perhaps Democrats could take inspiration from the Republican playbook and introduce ethics charges as retaliation for the fall of Dan Rostenkowski (D-IL) back in '94. Force the Republicans to campaign on the "He started it when he hit me back" defense.
December 8, 2005 2:54 PM | Reply | Permalink
The Constitution says Congress gets to set its own rules. So, I'm not surprised that they prefer to allow each other to ignore ethics. Even Democrats in Congress obviously consider stopping unethical behavior, up to and possibly including criminal behavior, to be less important than keeping their own questionable behavior secret. Perhaps a Constitutional amendment that puts Congress under regular laws governing activities of people with fiduciary responsibilities would be appropriate?
December 8, 2005 3:10 PM | Reply | Permalink
I think it's more that the Democrats are afraid that if they break the truce, the Republicans will someday retaliate with frivolous complaints even if the Dems aren't corrupt, just for the sake of revenge. But that's foolish: if/when the Democrats ever do regain control of the Congress, the Republicans will probably break the truce at that time anyway.
December 8, 2005 3:22 PM | Reply | Permalink
Perhaps the Democrats are diffident about ending the ethics truce because they fear that even if the ethics complaints that they file are legitimate, in the sense of deserving investigation by the ethics committee, the Republicans will promptly file an equal number of mostly baseless complaints, tying up time that the Democratic members could better spend on other matters and enabling the Republicans to argue that the Democrats have been accused of being corrupt as often as the Republicans. It would be "bullshit," in the philosophical sense of statements made for effect with no regard whatsoever for the truth, but in this world of postmodern political debate, it would be effective. The Republican leadership has become so adept in misusing the processes of government that the only effective way to fight it is to get it as far away as possible from the processes of government.
December 8, 2005 3:30 PM | Reply | Permalink
Let's not be so deferential to the Democrats. The reason there is an ethics truce is because both sides have much to fear. They've all got skeletons.
December 8, 2005 4:30 PM | Reply | Permalink
If the Democrats don't break the ethics truce here, it will last until after the current situation passes and a Democrat or Democrats get caught up in a new mess. At that point the Republican leadership will claim a moral obligation to address the "ethics crisis in the House" and break the truce with a vengeance. While this plays out in the media, Republicans will laugh among themselves over what suckers the Democrats were for going along with the truce when all the problems were on the other side of the aisle.
It's time the Democratic party showed some spine. The current crisis rests almost entirely within the Republican party.
December 8, 2005 4:57 PM | Reply | Permalink
If Pelosi and the leadership have allowed this to occur consciously, why can't we simply demand they explain themselves? Seems that what you say makes sense....we get no ethics complaints because the leadership wants it that way. Is it politically asute given the climate, or just simply wrong and stupid? It is more than obvious that there is some reason that the complaints have not been filed, but this is the first time I've heard it explained quite so clearly.
What is the chance that if we, the blog-aware and participatory citizens of the country, simply ask for an explanation she gives us one? It seems that common sense would require her to respond with some clear, understandable answer...??? And I know we could ask loudly enough if we really wanted to!
December 8, 2005 5:08 PM | Reply | Permalink
Give Pelosi a break and, as you're an amateur, don't be so sure you know what a pro is doing. I agree with The Old Linebacker.
Ethics complaints and ethics committee procedures too often dissolve into He Said - She Said party squabbling. Better to focus outrage via the criminal process. A perp walk always makes the evening news.
December 8, 2005 5:12 PM | Reply | Permalink
I can't help but think there's an opportunity for Democrats buried in this ethics mess. While I understand that Pelosi is upholding the truce to avoid retaliation, it may not be a bad idea for the Democratic Party to tackle the ethics issue head-on and, if it means having to stand shoulder to shoulder while one of their own is fed to the wolves, then so be it. There is, in my opinion, far more political "hay" to be made by cleaning out your own party and then attacking the other party for their failure to do so than there is by keeping it in the closet.
Hizzhoner
December 8, 2005 5:28 PM | Reply | Permalink
The "ethics truce" is virtually the same dynamic as the Beltway press corps' thin agate line that enabled Rove et al. to run their smear Wilson/out Plame campaign.
Congresspersons won't snitch on each other; press panjandra won't snitch on each other. Both institutions maintain discipline by cultivating a corrupt culture of "access" (for Congress, to campaign funds and the Great Revolving Door; for the press, to talkative anonymous elected officials). Both systems are being gamed by Rove.
That said, Old Linebacker does have a practical point: as Rove is effectively gaming the Congressional access system, any violation of the truce by Dems will certainly result in a barrage of baseless charges from the GOP. But I say, let 'em Duke it out -- intracongressional squabbles like this will reflect badly on ALL incumbents, which is in the larger sense to the Dems' benefit (if to the detriment of certain vulnerable Dem individuals).
December 8, 2005 5:30 PM | Reply | Permalink
On one hand the House Democratic leaders are frankly outgunned, outmanned, and underfunded vs. the Republican majority. The House rules can be downright punitive to the minority party and it is really tough being a minority leader (ask any of the GOP minority leaders from 1954-1994).
However, neither Gephardt or Pelosi seemed or seem to understand the fundamental shift in the way the House of Representatives works nowadays. Its time they understood that the ethics process can be a key weapon in waging war (yes, WAR) against the Republican majority. That, and a variety of other tactics such as primetime speeches on C-SPAN (a la Newt v. Jim Wright). Additionally, the occassional ethics charge here and there this Congress alone will not accomplish much. Pelosi and crew need to think of setting the stage for a future Democratic majority, be it 5, 10 and even 20 years down the road.
In 1979, people thought Newt was a moron for starting to lay the groundwork for his plan to take over the House. However, these plans do not happen overnight or even 1-2 election cycles. If Democrats do not form a long-term, concerted strategic plan then we will deserve to continue losing.
December 8, 2005 5:31 PM | Reply | Permalink
The Old Linebacker says " tying up time that the Democratic members could better spend on other matters."
All due respect, but, like what? They're in the minority. They are routinely ignored by the House leadership, which is quite happy to ramrod legislation through with no input from the Dems. They might as well fight a hopefully-distracting war against these crooks.
December 8, 2005 5:42 PM | Reply | Permalink
I've heard at least one senior-level person from the DNC argue (in private) that getting involved in ethics complaints is just not smart politics.
The Republicans have a majority on the ethics committee, so, guess what happens to our side if we take a matter before the committee? Whomever the complaint is brought against is cleared by a majority vote, and the Republicans can say that a bipartisan committee addressed the baseless charge and cleared the member.
It strikes me as a very sound argument. I agree with Ellen (above)--perp walks always make the evening news. And when someone like Duke Scumingham is brought down by his own party's DOJ, all the better.
--Ken
December 8, 2005 5:46 PM | Reply | Permalink
I'd love to see CREW organize grassroots/netroots pressure on Pelosi to address the issue.
December 8, 2005 5:52 PM | Reply | Permalink
Silence is consent.
There's a talk the late Colonel John R. Boyd used to give about serving in the U.S. Air Force that sounds like it also applies to Congress. (It can be found in <span class="Apple-style-span">Robert Coram's stemwinding </span><span class="Apple-style-span">biography of John Boyd</span>)
<span class="Apple-style-span">"One day you will come to a fork in the road. And you're going to have to make a decision about what direction you want to go." [Boyd] raised his hand and pointed. "If you go that way you can be somebody. You will have to make compromises and you will have to turn your back on your friends. But you will be a member of the club and you will get promoted and you will get good assignments." Then Boyd raised the other hand and pointed another direction. "Or you can go that way and you can do something - something for your country and for your Air Force and for yourself. If you decide to do something, you may not get promoted and you may not get the good assignments and you certainly will not be a favorite of your superiors. But you won't have to compromise yourself. You will be true to your friends and to yourself. And your work might make a difference." He paused and stared. "To be somebody or to do something. In life there is often a roll call. That's when you will have to make a decision. To be or to do? Which way will you go?"</span>
I'd say it's not hard to tell what choice most people in Congress on both sides of the aisle have made.
December 8, 2005 6:13 PM | Reply | Permalink
If it's true, as I believe, that it is the rivers of cash flowing to any crook in a suit in a public office in DC that's the problem, if Democrats don't stand for cleaning out the sewage, then all is lost.
If we don't stand for cleaning up this mess, instead of just lusting to change places so we can be as corrupt as the Republicans, then we don't deserve to win anything. Ever.
It's time to focus on the real problem and not the horse race anymore.
December 8, 2005 6:44 PM | Reply | Permalink
The House Democratic leadership are so risk averse. Winners take risks...why don't congressional Democrats? Worse, they pander to this crowd that wants to relitigate going to war in Iraq.
December 8, 2005 7:21 PM | Reply | Permalink
The House Democratic leadership are so risk averse. Winners take risks...why don't congressional Democrats? Worse, they pander to this crowd that wants to relitigate going to war in Iraq.
December 8, 2005 7:21 PM | Reply | Permalink
in my opinion, is just a weighted political consideration, and probably suitable.
Why have a commission on jaywalking when you've got Fitzgerald and Abramoff working through the criminal justice system?
"Censure" just doesn't have the same ring as "four fifteen year sentences to be served consecutively."
December 8, 2005 7:27 PM | Reply | Permalink
I think you have hit on the best reason I can think of...
As the DeLay episode demonstrated, it is unlikely that an ethics complaint against a Republican will produce any results, no matter how egregious the conduct. Much better to let the Justice Department handle it. I'll take the Duke's incarceration to three days of listening to the media crow about Delay being exhonorated by the House ethics committee any day.December 8, 2005 8:53 PM | Reply | Permalink
Old Linebacker has it right.
The House Ethics Committee was gutted in January when Joel Hefley was replaced with a DeLay acolyte and the rules governing its operation were changed. It's no longer a person, it's a vampire that looks like that person.
The most noxious rule of the bunch, the "DeLay Rule" that would have allowed TD to remain as Majority Leader even while indicted, was repealed. For example of what remained, though, it now takes a majorityon the evenly-divided committee to start an investigation rather than to thwart one.
Pelosi's particular objection regards staffing issues. The evenly divided staff was eliminated, and virtually all the staff researchers are now Republicans. (I heard an NPR feature on the issue back then.) The outcome of any investigation, or determination as to whether there needs to be an investigation, is pre-ordained.
If the truce is broken without this and other changes to the rules being revoked, the Committee's sole function will be to allow Republicans to claim that "The House Ethics Committee has thoroughly investigated the charges and found that the complaint is without merit", or some such. Do you really want to hand them that?
(Whoops. Missed a function- the Chairman controls the debate and proceedings, and any investigation of any Democrat, not to name any Jeffer names, could be drawn out into a media circus. Hand them that one, too?)
I'd be interested in hearing from Melanie about whatever mechanics of Committee operation have her believing it would be productive to submit the complaint CREW has drawn up. Lacking a persuasive argument from someone with experience in the process, though, Pelosi is absolutely right in keeping anything from going in front of the House Ethics Committee until it actually becomes one again.
December 8, 2005 9:30 PM | Reply | Permalink
There is a member that is neither a Democrat or a Republican. Why can't Bernie Saunders lodge a complaint?
December 8, 2005 10:12 PM | Reply | Permalink
I can't agree with this vaguely naive outrage either. The House ethics process is only politically effective when you have a House majority representing a popular minority and the Party with the minority of seats but popular majority filing and winning the complaint. As for criminal referrals, the House ethics process is unnecessary for it.
When the Abramoff thing erupts and DeLay loses in Texas, then I see a Republican Party split on its own 'ethics' and unable to hold the unified front. At that point I see Pelosi breaking the 'truce' to exploit it, but not otherwise.
I don't see the truce as naive or per se cowardly. It's coldly pragmatic by both sides.
December 8, 2005 10:13 PM | Reply | Permalink
It seems the Democrats’ main goal throughout the corruption scandals and the Iraq conundrum is to maintain as much public trust in government as possible. They know, as do the Republicans, that most Americans don’t differentiate between conservatives or liberals – they only see politicians. That’s why it is important to get the Republicans out of office while not destroying the credibility of the offices they now hold. Why else would Joe Lieberman lash out at Dems criticizing Bush? Lieberman isn’t loyal to Bush. His only worry is The Presidency and what it means to the American people in the long term.
Which would explain why the Dems have allowed only some of their ranks to criticize the war. That way it doesn’t look like a Democrat thing vs. a Republican thing - an argument Fox News and talk radio would love to make if all Dems were against the war.
So far the Dems have played it safe – for the sake of the American people – and, luckily, the Republicans are shooting themselves in the feet.
December 8, 2005 11:41 PM | Reply | Permalink
Ethics committee has an equal number from both parties. At least it used to before it was rendered irrelevant by Delay's rules change and Democrats boycotted. I presume that if it were to return to a functional state, it would have an equal # of Ds and Rs again.
December 8, 2005 11:52 PM | Reply | Permalink
Congress (both the House and Senate) are simply too corrupt to mount a believeable effort at enforcing ethics rules. Ethical conduct in our nations capitol is an oxymoron. Just consider the medical and retirement plan our elected officials have arranged for themselves and it becomes obvious they view themselves, not as citizens, but as some class of super citizen subject to an entirely different set of rules. The brazeneness of conduct we have seen of late confirms this. It is entirely appropriate that an outside agency, the DOJ will do, police this bunch of crooks. In fact, it would be appropriate for a completely independent group of randomly selected citizens (via a lottery) serve as members of Congressional ethics committees and have the members rotate in and out of positions on a staggered one year basis. That would assure continuity. Lets face it. The populace has been screaming for quite some time for personal accountability and all indications are it just isn't going to happen.
thepeoplechoose
December 9, 2005 2:03 AM | Reply | Permalink
HSR wins the thread!
But given that the ethics committee is broken, the Democrats need to use every other tool they can to make this incredibly pervasive corruption in the modern GOP a partisan issue.
We need to help the American people understand that this level of corruption is the natural end-state of the GOP governing philosophy?
Why did the average GOP congressperson decide to get into politics? Because they are a seedy religious fraud on the make!
Why did the average Democrat? Because they care about their community!
That kind of thing. All the time. Just like Gingrich with his GOPAC wordlists back in the 90s. Send out a GOPACKING memo and get everyone using the same vocabulary. Tie their failed political philosophy to their absent ethics and impoverished morality.
December 9, 2005 2:28 AM | Reply | Permalink
Considering the tidalwave of Republican Congressional indictments and investigations, why on earth would Pelosi want to break the ethics committee truce when everything is going her way? The DOJ is impartial and packs far greater authority, and the committee is rigged and will only hand back a set of Republican talking points. And it will also unleash a set of ginned-up counter-charges against Dems (which is already happening, but desperation clings to them).
This is a no-brainer. Don't fix it if it ain't broke, and right now, it's working great. GOP blood's in the water; just sit in your boat, pour a cool drink, and enjoy.
December 9, 2005 2:45 AM | Reply | Permalink
When Congress becomes a mutual protection league democracy suffers. When an overwhelming majority of incumbents are reelected democracy suffers. When congressional districts are gerrymandered with the mutual consent and design of both parties democracy suffers. When representatives and senators spend half of their time shaking down "constituents" for political contributions democracy suffers. When our representatives claim that there is no connection between donations and votes and the press and the people do not call them on it democracy suffers. When politicians decry earmarks as waste without pointing fingers at their peers who put these into budget bills democracy suffers. When politicians campaign on the muddle they produce in Washington and are reelected democracy suffers. When the people lose sight of what crap passes for democracy in their nation's capital we are lost.
December 9, 2005 4:18 AM | Reply | Permalink
In the short run, the more members of congress rotting in jail the better. That goes for corrupt Democrats as well as corrupt Republicans.
Why do you file ethics complaints in the House? Can't you be presenting criminal complaints to a US Attorney?
I think that would help us take back the government.
December 9, 2005 5:47 AM | Reply | Permalink
I don't think we will ever get anywhere so long as the goal is to nail a pol for something almost all pols do. Instead we might have to offer an amnysty of sorts for things done in the past and start fresh with new rules. It might let a few sleaze bags off, but the country would be better off in the long run.
December 9, 2005 8:39 AM | Reply | Permalink
HSR pretty well nails it. It's not pragmatic, it's smart. It's not cowardice, it's strategy.
Why would you want to give the goppers cover by allowing a rigged ethics cmte to pronounce them clean and fit and all healthy?
They could make the point, though, that this IS what is happening, but that's a harder point to make with no power and access. But a point worth making at every opportunity.
December 9, 2005 10:17 AM | Reply | Permalink
Amen. Just look at the newest round of budget-busting tax cuts. Straight party-line vote.
December 9, 2005 11:05 AM | Reply | Permalink
I'm not saying that Democrats are the primary or even the coeval corruption-meisters of the last few years.
But, as people like Reid and Dorgan in the Senate, in addition to a number of Republicans, taking money from Abramoff shows, there's enough bipartisanship here to indicated that maybe, just maybe, Democrats are afraid of damaging some of their own interests.
Either that, or they're just afraid, perio.d
December 9, 2005 2:15 PM | Reply | Permalink