It
was fitting that the US House approved late on the night of March 11 the
creation of an independent, outside panel to enforce ethics rules, as you would
have thought from listening to the debate that that lawmakers were talking
about a nightmare.
Here
is Rep. Todd Tiahrt (R-KS): "If you have a single ounce of
self-preservation, you'll vote no."
Or,
Rep. Neil Abercrombie (D-HI): "Any referral to the Office of Congressional
Ethics will be tantamount to a guilty verdict. Any other conclusion by the
ethics committee will be seen as a cover-up. I guarantee it."
In
reality, Tiahrt and Abercrombie were talking about the creation of a new
independent, bipartisan panel of non-lawmakers to monitor and enforce ethics in
the US House. It will be known as the Office
of Congressional Ethics (OCE). The House took the huge step last month of
approving the panel by a vote of 229 to 182, and it is one of the most
significant ethics reforms in a generation.
Now,
House Speaker Nancy Pelosi (D-CA) and Majority Leader John Boehner (R-OH) are
faced with the task of jointly appointing six people to the OCE. Those
appointments are likely to make the panel as good or bad as party leaders want
it to be.
Objective,
reasonable appointees with respect for the institution of the US House can
shield members from frivolous, politically motivated ethics complaints, which
is the fear of many critics of this panel. If the parties appoint political
hacks with an axe to grind, members will become the victims.
This
ethics enforcement panel has the power to initiate and conduct investigations
even without the support of a majority of commissioners. It was designed to
deny veto power to either party. The danger, of course, is that no one could
stop the commissioners of one party from routinely engaging in politically
driven fishing expeditions and then publicly releasing their findings.
Surely
it has occurred to opponents of the OCE that appointing operatives with a
demonstrated interest in political mudslinging would go a long way toward
destroying it.
The
logic of having private citizens as part of the ethics process is not lost on
the American public. One of the criticisms of Congress has been that it is only
interested in protecting its own. A cynical attempt to install partisan hacks
in the independent panel would not fool the public either. Neither would
endless foot-dragging.
Outside
groups cannot file ethics complaints to the new OCE, only members can. And at
least members of the outside panel would not be asked to investigate their
colleagues higher up the party ladder who control their political future. The
central problem with the House Ethics Committee is how hopelessly conflicted
the process is.
It is gospel that corruption was one of the
biggest reasons the Republicans lost control of both the House and Senate in
2006. Dozens of newspapers, big and small, have editorialized about the benefit
of independent ethics oversight and praised the creation of the OCE. The
leadership of either party should not underestimate the public's understanding
and attention to this issue. It is an election year.