Sometimes it's just good to make sense. Often times in politics nonsense rules the day. Whether it's a politician spouting some nonsensical rhetoric in an effort to pander, dodge, or maintain ideological blinders or a partisan operative or blogger who just didn't read the article which they are using to support their partisan viewpoint we are inundated with nonsense. Today there was news that Senate Minority Leader Harry Reid (D-NV) accepted boxing tickets from the Nevada State Gaming Authority while he was attempting to regulate the industry. Now for the example of nonsense, courtesy Ed Morrissey at Captain's Quarters, "the Senate Minority Leader has been exposed as taking favors from a notoriously corrupt industry while he intervened on their behalf."
Before Morrissey gets to this piece of nonsense he makes an important point that is true: that the scandals surrounding William Jefferson (D-LA) and Alan Mollohan (D-WV) have undermined the ability of the Democrats to use ethics as a hammer to pound on Republicans. Then he goes about using nonsense to attack Reid and claim that he is discrediting his party as Mollohan and Jefferson have. Let's start with the end of the sentence about Reid: "while he intervened on their behalf." This seems like the key to unlocking the nonsense in his statement because Reid actually voted for more regulation and against the Nevada State Gaming Authority. That would mean that Reid DID NOT intervene on the behalf of the Gaming Authority.
Morrissey also brings up Reid's contacts with his former staffer Eddie Ayoob, who went on to work with Jack Abramoff. Morrissey states that Reid made "four interventions on behalf of clients of Jack Abramoff". Now if this was provable then we would have a problem. Unfortunately for Morrissey all the evidence points to the fact that Reid did not intervene or act in favor of Abramoff clients due to campaign contributions or any other form of graft (honest or not). In one instance Reid, along with Nevada's junior Senator John Ensign (R-NV), wrote a letter to the Interior Department opposing the construction of an off-reservation casino that was also opposed by an Abramoff tribal client. While questions have been raised about the number of letters written regarding this particular off-reservation casino, and questions of some of those letters are valid, the Reid-Ensign letter seems based on protecting an industry vital to their state's commerce.
Reid has a long-standing opposition to off-reservation gambling and has had a number of dust-ups with Indian casinos and tribal gaming authorities. In 2001 he attempted to block the construction of a tribal casino near the san Francisco Bay Area and in 1997 he asked Attorney General Janet Reno to investigate unregulated Indian casinos that were operating without gaming compacts -- at the time there were a number operating in Inland Empire, California. Reid also blocked a bill that would have allowed for more electronic gambling machines in California. It becomes clear when you look at Reid's history that he has consistently and vocally opposed efforts to expand gambling operations that could cost his state's biggest tourist draw, and biggest money-machine, business. So, it doesn't make sense that say that Harry Reid intervened on behalf of an Abramoff client because he was influenced by money and Eddie Ayoob. Plus, I have never heard any credible report that Reid was under any kind of investigation by the Justice Department.
The other interventions that Morrissey mentions involved the Northern Marianas Islands where Abramoff was trying to keep Congress from imposing labor and minimum wage restrictions from being applied. Reid was contacted by Ayoob about this and then voted for the labor regulations and the minimum wage law. I don't understand how voting against the guy you are supposedly intervening for is corrupt -- if anything it is the opposite.
To get back to the boxing tickets, it seems that Reid should have paid for his tickets so that he could avoid an appearance of being influenced. Often times that is the biggest problem with accepting these gifts and with the excess of campaign contributions. They give an impression to the average American that the entire system is corrupt, that democracy is only for those who can afford it, and that they are locked out of the process. The appearance here is more important than anything else, especially considering that no law was broken and no vote was influenced. But for Morrissey and others who engage in this kind of nonsense, from either side of the aisle, I'll leave you with the words of the late, great Bill Hicks: It doesn't make any sense, if you just walk it back.
Continue readingJefferson Raid Controversy Continues:
The controversy over the FBI raid of Rep. William Jefferson's (D-LA) congressional office continued today despite efforts by Senate Majority Leader Bill Frist's (R-TN) to put it to rest over the weekend. Frist, who was on "Fox New Sunday", stated about the FBI, "I don't think it abused separation of powers ... I think there's allegations of criminal activity, and the American people need to have the law enforced." House Judiciary Committee James Sensenbrenner (R-WI) feels differently and today he held a hearing titled "Reckless Justice: Did the Saturday Night Raid of Congress Trample the Constitution?" Sensenbrenner and the ranking Democrat John Conyers (D-MI) agreed that the raid was out of bounds with the chairman saying, "It is about the ability of the Congress to be able to do its job free of coercion from the executive branch." Conyers stated, "We've never learned why the member in question was not permitted to have his attorneys present while his offices were searched for some 18 hours."
Personally, I believe that this was an extraordinary case, but was not conducted "out of bounds". The affidavit against Jefferson was unbelievably detailed, showing an almost unparalleled level of corruption by an elected official. The FBI was carrying out a legally obtained warrant to search Jefferson's office in relation to activities that did not include any legislative action nor any activity directly related to his elected role. I don't think that members can live above the law just because they have been chosen by the people of their district or state to represent them. That is essentially the argument of people who are against the raid: that members may operate their congressional office as though it were a Cayman Islands bank account (hat tip to Bill Allison). This is what Josh Marshall is getting at when he states his support of the raid:
If the Feds can raid a congressman's house, it's not clear to me why they can't raid his office. Sure, there's some room for prudential restraint and a respect for comity. But if the DOJ can't search a congressman's office, then the power to investigate and prosecute close to falls apart since that creates a safe harbor for incriminating information. Any serious claim that the functioning of Congress falls outside the bounds of the DOJ would apply to acts as well as work product. And that means that any bribery prosecution is impossible since official acts are an element of the crime.Rep. Barney Frank (D-MA) makes the same point in issuing his support for the raid and surprise at the bipartisan reaction against the raid:
I understand that the speech and debate clause is in the Constitution. It is there because Queen Elizabeth I and King James I were disrespectful of Parliament. It ought to be, in my judgment, construed narrowly. It should not be in any way interpreted as meaning that we as Members of Congress have legal protections superior to those of the average citizen.If you want to read a selection of arguments made by law professors Josh has a number of links here (pro and con). Continue reading
Volz Testimony to Shine Light on Rep. Ney:
Neil Volz, the former chief of staff to Rep. Bob Ney (R-OH), is set to testify in the trial of former White House official David Safavian. Volz, who pled guilty to conspiring to give illegal gifts and to breaking the one-year lobbying ban rule, will "describe how Mr. Abramoff organized a $130,000 golf trip to Scotland by private jet in August 2002 for a group that included Mr. Ney and three House aides." Two of the aides who went on the trip have been subpoenaed, although one of them is refusing to testify citing Fifth Amendment concerns.
Continue readingOver the Weekend:
- The San Diego Union-Tribune gives an inside peek at the infamous Brent Wilkes poker parties in the Watergate and Grand Westin Hotels. The article also mentions that Wilkes was increasingly interested in obtaining CIA contracts and had received one contract to provide clandestine air transport to the CIA. Clandestine air transport...? Can somebody say "extraordinary rendition"?
- Jeff Birnbaum writes in the Washington Post Congress is not moving to reform ethics despite the multiple scandals that have rocked the Capitol. An ethics reform package is unlikely to be passed this year.
- Sen. Harry Reid (D-NV), the Democratic Minority Leader, accepted boxing tickets from the Nevada State Athletic Commission while he was working to create a federal boxing commission. It doesn't appear that Reid changed his behavior or his actions in the wake of receiving the tickets. Two Senators, John McCain (R-AZ) and John Ensign (R-NV), accompanied Reid to the matches. McCain reimbursed the NSAC for his tickets while Ensign and Reid did not.
- Finally, Newsweek has its own profile of Brent Wilkes, who is fast becoming to defense contracting what Jack Abramoff was to lobbying. The article notes that Duncan Hunter (R-CA), Jerry Lewis (R-CA), and Tom DeLay (R-TX) all had dealings with Wilkes. Hunter and Lewis have been tied up in some of the same contracts that Duke Cunningham was involved in while DeLay was a very frequent flier in Wilkes' company jet. Continue reading
Jefferson Aide Sentenced:
William Jefferson's (D-LA) former aide Brett Pfeffer was sentenced today to eight years in prison for his role in the ongoing bribery investigation of the Louisiana congressman. It's pretty clear that Paul Kiel's observation here is absolutely going to be true: "it seems likely that he could shatter the record set for the longest sentence for a Member of Congress: 8 years, 4 months, set by Duke Cunningham."
Continue readingCapitol Hill Is A Mess:
Justin Rood examines why Congress, the House in particular, has devolved into chaos. Rood, looking at the Majority Republicans, states that a mixture of the loss of Tom DeLay (R-TX), who clearly was amazing at his job as partisan enforcer, the disastrous drop in public opinion of President Bush, and the steady stream of corruption investigations and guilty pleas has sent Republican members into a frenzy. Without any clear, strong leader and with Feds snooping around claiming that campaign contributions can be seen as bribes these members are, rightfully, unsettled. The lack of a strong charismatic figure is terrible for the Republican caucus. Since the 1994 revolution they have always had a strong and determined conservative leader, whether it be Newt Gingrich, DeLay or the President, who has led them in lock step support of conservative issues. It should be noted that DeLay was the one who put Dennis Hastert (R-IL) into the Speakership while he ruled the House from the Whip and Majority Leader post. The combination of Hastert, John Boehner (R-OH), and Roy Blunt (R-MO) has not been able to stop Republican hemmoraging.
This disorder and caucus revolt even bleeds over to the Democratic side where Rood states that they should be "placing advance orders for champagne and cigars and slapping each other on the back". The Congressional Black Caucus, a powerful 40-plus member gourp in the Democratic caucus, is in open revolt against Minority Leader Nancy Pelosi (D-CA) over her public effort to remove the discredited William Jefferson (D-LA) from the Ways and Means Committee. The CBC has had problems with the Democratic leadership for some time now and now that the leadership refuses to support Jefferson those problems are becoming even more strained. So why is Congress in such disarray? They feel that they are besieged and the walls have been breached. As Rood writes:
It should have been no secret to those on the Hilll that Hastert -- and the 30-plus other members who did legislative favors for Jack Abramoff and his clients -- would draw at least a passing query from the Justice Department. But as long as they were asked quietly and off the front pages, the situation was manageable.Members are besieged by the press, distrusted by their constituents, and the Justice Department is invading their territory. It is no wonder that they have turned inward and begun to devour each other. Continue reading
Hastert Slammed by Conservatives, Says He’ll Cooperate With Justice:
The Associated Press reports that Speaker Dennis Hastert (R-IL) will put the tussle between Congress and the Justice Department over the raid of Rep. William Jefferson's (D-LA) congressional office "in the past" and work to "set up guidelines for the FBI to review materials it seized from a lawmaker's office and any other searches of Congress' offices." This occured after Hastert took direct criticism from conservatives in his party over his reaction over the raid of a Democrat's office. Conservative talk show host Rush Limbaugh called Hastert "politically tone-deaf" and former Rep. Bob Barr (R-GA) stated, "Only thing I can figure is that Denny got up one morning and said, 'Our approval with the public is at 27 percent -- how can I drive that down further?'"
Continue readingTop of the Morning:
- Jack Abramoff's emails to GSA official David Safavian were introduced in the trial of the former Bush administration official yesterday. In one email Abramoff expresses outrage over the possibility of losing the Old Post Office Building, which he was trying to get Safavian to sell to him to turn into a five-star hotel, to a women's group intent on turning the building into a women's history museum. "'What idiots!' the lobbyist wrote. 'This would kill any five star hotel for sure.'"
- Brian Ross reaffirmed his story about Speaker Dennis Hastert (R-IL) in today's Washington Post although he adds that it "could wash out and be nothing."
- Two more aides to Rep. Bob Ney (R-OH) have been subpoenaed in relation to the Jack Abramoff bribery investigation, according to the Cleveland Plain Dealer. The aides, Patrick Vinovich and Will Heaton, both accompanied Ney, Abramoff, Safavian, and Ralph Reed on the infamous 2002 "golf golf golf" trip to Scotland. Vinovich will exercise his Fifth Amendment rights to not testify in the Safavian case, however his financial records will be provided as evidence.
- "When they found the money in the freezer, man … I was kind of shocked. I just never thought he would get caught up — allegedly — in that type of situation." Rep. William Jefferson's (D-LA) alleged misdeeds are the new talk of the town in hurricane ravaged New Orleans, according to the Los Angeles Times. Residents are in shock over the allegations with some finding it incomprehensible for Jefferson to have done these things while others finding his alleged actions to confirm long-standing doubts about his character. The most meaningful quote in article reads, "I personally liked the man. After Katrina, we need him in the House Ways and Means Committee. It's a blow, not just for the city but the whole state. We need more positive things down here right now to get on our feet."
- Hi, I'm a journalist and I'm not going to tell you that I'm being paid by a candidate for office to write this column in support of his candidacy. Ethical schmethical!
Bush Orders Jefferson Docs Sealed:
President Bush has stepped into the roiling feud between Congress and the Justice Department over the FBI's weekend raid of Rep. William Jefferson's (D-LA) congressional office and ordered the FBI to seal the documents for 45 days. According to the Associated Press:
The president directed that no one involved in the investigation have access to the documents taken last weekend from the office of Rep. William Jefferson, D-La., and that they remain in the custody of the solicitor general. Bush's move was described as an attempt to cool off a heated confrontation between his administration and leaders of the House and Senate. ... "Our government has not faced such a dilemma in more than two centuries," the president said. "Yet after days of discussions, it is clear these differences will require more time to be worked out."This whole FBI raid has thrown everybody in Washington off script. It's bizarre, but at the same time kind of refreshing to see politicians react to something that they didn't already have a pre-scripted reaction to. I would love to have a fly on the wall when Bush and his aides discussed sealing the documents. What did Congress threaten them with? Instapundit wonders, "Could Al Qaeda have slipped mind-altering drugs into the DC water supply? What's gotten into these people? Or has some sort of deal been cut?" Since I haven't seen any UFOs split the sky like a sheet today I would have to go with his latter hunch. Continue reading
Afternoon News:
- Conservatives are in revolt against their own party as they battle over earmarks and pet projects in an attempt to reassert fiscal discipline, a concept that seems to have been thrown out the window since 2001.
- The trial of David Safavian began yesterday with prosecutors arguing that Safavian broke the law and Safavian's defense claiming that the prosecution brought the case just because Safavian was friends with Jack Abramoff. Justin Rood went and watched the court room proceedings and found it incredibly boring to listen to a case that was basically just about golf.
- Some members of Congress are not ready to assail the Justice Department for its search of Rep. William Jefferson's (D-LA) congressional office for fears that it would give the public an even worse perception of Congress. Can the public have an even worse perspective of Congress? What is their approval rating, 7% or something? In actuality it's 27%, which is insanely low. People do not like you guys.
- House Minority Leader Nancy Pelosi's (D-CA) public move to push Jefferson off of the Ways and Means Committee has caused the Congressional Black Caucus to go into open revolt against the Democratic Leadership, according to The Hill.
- And finally, Dennis Hastert (R-IL) may sue ABC for libel over their story that is under investigation by the Justice Department in connection to the Jack Abramoff scandal. Let me tell you something Dennis, in this country, you can't really win a libel suit. It's basically impossible. Trust me.
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