House G.O.P. Voids Rule It Adopted Shielding Leader
By CARL HULSE, NY TIMES. January 4, 2005

WASHINGTON, Jan. 3 - Stung by criticism that they were lowering ethical standards, House Republicans on Monday night reversed a rule change that would have allowed a party leader to retain his position even if indicted.

Lawmakers and House officials said Republicans, meeting behind the closed doors of the House chamber, had acted at the request of the House majority leader, Representative Tom DeLay, who had been the intended beneficiary of the rule change.

When they rewrote party rules in November, Republicans said they feared that Mr. DeLay could be subjected to a politically motivated indictment as part of a campaign finance investigation in Texas that has resulted in charges against three of his associates. The decision, coupled with other Republican proposals to rewrite the ethics rules, drew fierce criticism from Democrats and watchdogs outside the government, who said the Republican majority was subverting ethics enforcement.

Lawmakers said the party had also abandoned a proposed ethics change that would have effectively eliminated the broad standard that lawmakers not engage in conduct that brings discredit on the House, a provision that has been the basis for many ethics findings against lawmakers.

Representative David Dreier, a California Republican who is chairman of the Rules Committee, said Republicans on Tuesday would present to the full House a proposal that ethics cases be dismissed if the ethics committee, which is divided equally between Democrats and Republicans, is deadlocked. That plan has also drawn opposition from ethics advocates, including Democrats and some Republicans.

Those attending the Republican meeting, which was held on the day before the opening of the 109th Congress on Tuesday, said Republicans unanimously agreed to restore the old rule after Mr. DeLay told them that the move would clear the air and deny Democrats a potent political issue. In the past year, he has been admonished by the ethics panel three times: for his tactics in trying to persuade a colleague to support the Medicare drug bill, for appearing to link political donations to support for legislation and for involving a federal agency in a political matter in Texas.

Some Republicans who originally opposed the rules change enthusiastically greeted the decision not to go through with it.

"It allows the Republicans to focus on the issues, the agenda that is before us and not to have Tom DeLay be the issue," Representative Zach Wamp, Republican of Tennessee, said. "I feel like we have just taken a shower."

Since the latest proposals about the handling of ethics complaints emerged last week, leaders of government watchdog groups have been outspoken in condemning the effort to change the handling of complaints.

"The Republican leadership appears to be cracking down on a system that got out of its control," said Chellie Pingree, president of Common Cause, one of eight advocacy groups that jointly urged Republicans to reject all the changes in the ethics rules.

The opponents were joined by the current chairman of the ethics panel, Representative Joel Hefley, Republican of Colorado, who may be replaced this week by the Republican leadership. In a statement, Mr. Hefley, who was traveling back to Capitol Hill, said he would oppose the rules changes if they reached the House floor.

"This is not the way to effect meaningful reform," he said, referring to the fact that Democrats had not been consulted. "Ethics reform must be bipartisan, and this package is not bipartisan."

Meeting in their own private session, Democrats sought to highlight their differences with Republicans on the issue by enacting a rule to require that any party leader who faces indictment step aside. Previously, the Democratic requirement applied only to committee chairmen and ranking members.

Democrats were also considering forcing a House vote on Tuesday to incorporate a requirement in official House rules that any leader of either party who faces indictment step down.

A spokeswoman for Representative Nancy Pelosi of California, the Democratic leader, said of the Republican about-face, Democrats remained opposed to the ethics package because a rule dismissing complaints in the event of an ethics committee tie would stymie enforcement.

"It still eviscerates the ethics process," said the spokeswoman, Jennifer Crider.

Aides to Mr. DeLay said the Republican decision to drop the rule changes had been intended to defuse the Democratic attack.

"We want to make sure the substance comes first, and that anything that would hamper or undermine our agenda needs to be nipped in the bud," Jonathan Grella, a spokesman for Mr. DeLay, said.

Mr. DeLay's action came as a surprise. Aides said he and J. Dennis Hastert, the House speaker, who commended Mr. DeLay for his action, conferred on the plan briefly before the closed session.

Lawmakers said it was unclear whether the Republican leadership had the votes to force through a package of ethics revisions, and some commended Mr. DeLay for his effort to spare lawmakers a difficult vote.

"I think it is the mark of a leader to take a bullet for the team rather than making the team take a bullet for him," said Representative Mark Steven Kirk, Republican of Illinois.

Mr. Kirk and others said the ethics fight was a potentially serious distraction.

"It is never a good idea when you are involved in a road race or any other athletic contest to tie your shoelaces together," Representative J. D. Hayworth, Republican of Arizona, said.

The ethics fight had threatened to overshadow the opening of Congress, a day that is traditionally set aside for ceremony and for welcoming the new members and their families.

President Bush, once an unsuccessful candidate for the House, greeted the new members at the White House on Monday and made a wry reference to his own Congressional campaign. "I ran in 1978, came in second in a two-man race," Mr. Bush said.

The president urged the new lawmakers to try to lower the level of partisanship as they take on major issues that come before the House and Senate in the next two years.

"My hope is that we can show the nation that we can come together to achieve big things for the good of the country," he said.

FOR IMMEDIATE RELEASE -- January 3, 2005
CONTACT: STEVEN WEISS (202/857-0044 or editor@capitaleye.org)

WATCHDOG GROUPS CONDEMN U.S. HOUSE EFFORTS TO EVISCERATE ETHICS RULES

House Republican Leaders Proposing to Drop Ethics Standards, Punish Ethics Committee that Scolded Tom DeLay

Statement of CRP Executive Director Larry Noble
at today's press conference

A non-partisan coalition of eight government watchdog groups today condemned a new set of proposals under consideration by House Republican leaders that dramatically weakens House ethics rules. The proposed changes, which are scheduled for consideration this week -- the opening week of the new Congress -- reportedly include:

Dropping a key standard for ethics violations. Currently, it is a violation of House ethics rules to act in such a way that creates the appearance of corruption. The new proposal would eliminate that ethics standard and make only actual criminal behavior or illegal activity a violation of ethics rules.

Deadlocking the ability of the ethics committee to investigate complaints. If the bipartisan House ethics committee ties along party lines whether to conduct an investigation, a complaint automatically triggers an investigation within 45 days. The new proposal would require a majority vote to initiate any investigation.

Punishing members of the ethics committee who scolded Rep. Tom DeLay for ethics transgressions. A few months ago, the bipartisan House ethics committee unanimously voted to admonish Majority leader DeLay for offering his endorsement to a colleague's son in exchange for a floor vote, for appearing to link campaign donations with legislation, and for diverting Federal Aviation Administration resources to chase after Texas legislators over a partisan squabble. Rep. Joel Hefley, the Republican chair of the ethics committee, and perhaps other Republican members of the committee who voted for the admonishment, are now facing a drive to remove them from the committee.
The eight members of the Congressional Ethics Coalition all join in calling upon Congress to stop this assault on House ethics rules.

This threat is particularly distressing because it comes at a moment when the ethics committee has finally begun taking some steps to enforce ethics rules. Despite the considerable difficulty of sitting in judgment of a powerful colleague, particularly House Majority Leader DeLay, the members of the ethics committee this year started the process of showing that members can be held accountable for ethical improprieties. The committee must continue along that road and strengthen the rules, not further cripple them.

Toward that end, we urge the members of the House to take the following steps when they meet in the 109th Congress:

First, keep the appearance of corruption standard as the grounds for House ethics rules. Rule 23 of the House ethics rules, which is slated for the dustbin under the new proposal, reads in part: "A member ... officer or employee of the House shall conduct himself at all times in a manner that shall reflect creditably on the House." This means that even if quid pro quo corruption cannot be proven beyond a reasonable doubt, members of Congress should conduct themselves in a manner where even the appearance of corruption is avoided. If conduct of a member of Congress does not pass the smell test, it should not pass House ethics rules.

Second, do not tie the hands of the ethics committee in deadlock. The ethics committee is evenly split between Republican and Democratic members. The new rule changes would require a majority vote to even begin investigating the validity of complaints. Complaints must not be ignored simply because of a deadlock vote along party lines.

Third, take no retribution against members of the ethics committee who voted their conscience in admonishing DeLay. After being threatened by some members of Congress for admonishing DeLay, ethics committee Chair Joel Hefley now finds himself negotiating with House leaders over whether he can stay on the committee. Other members of the ethics committee may also face retribution. Such a mean-spirited and vindictive act by House leaders can only further diminish public confidence in Congress by painting it as hopelessly politicized and self-dealing.

Fourth, allow outside groups to file ethics complaints when warranted. In 1997, the House voted to change its own rules to forbid any outside group or citizen from filing a complaint to request an investigation of an alleged ethics violation by a member. By contrast the Senate allows outside complaints. Only members may bring complaints against other members - and given the threat of retribution that House leaders level against members who file complaints, no one left would dare hold members of Congress accountable for their behavior.

We are on the verge of the complete collapse of the system for holding members of Congress to a meaningful code of ethics. This week nothing less than the integrity of Congress shall be decided.

Congressional Ethics Coalition members:
Campaign Legal Center
Center for Responsive Politics
Citizens for Responsibility for Ethics in Washington
Common Cause
Democracy 21
Judicial Watch
Public Campaign
Public Citizen

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