House Republicans voted 119-74 Monday night in favor of a proposal that would gut Congress’ outside ethics watchdog and remove its independence.
Republican Virginia Rep. Bob Goodlatte’s proposal would place the independent Office of Congressional Ethics — an initial watchdog for House members but without power to punish members — under oversight of those very lawmakers.
House Speaker Paul Ryan and other top GOP leaders opposed the change to ethics rules, but rank-and-file members disregarded their views and voted to approve the new structure for ethics reviews going forward, according to a senior House GOP leadership source familiar with the closed door discussion.
The proposal would bar the panel from reviewing any violation of criminal law by members of Congress, requiring that it turn over any complaint to the House Ethics Committee or refer the matter to an appropriate federal law enforcement agency. The House Ethics Committee would also have the power to stop an investigation at any point and bars the ethics office from making any public statements about any matters or hiring any communications staff.
And the ethics office would no longer be able to accept or investigate any anonymous reports of alleged wrongdoing by members of Congress.
The full House of Representatives will now vote on it as part of a larger rules package up for consideration on Tuesday.
Goodlatte argued that changing the ethics review process “strengthens the mission” of the office and it will remain the panel to review potential rules violations.
“It also improves upon due process rights for individuals under investigation, as well as witnesses called to testify. The (ethics office) has a serious and important role in the House, and this amendment does nothing to impede their work,” Goodlatte said in a written statement Monday evening.
House Minority Leader Nancy Pelosi slammed the move.
“Republicans claim they want to ‘drain the swamp,’ but the night before the new Congress gets sworn in, the House GOP has eliminated the only independent ethics oversight of their actions. Evidently, ethics are the first casualty of the new Republican Congress,” she said in a statement Monday following the vote.
Pelosi added: “The amendment Republicans approved tonight would functionally destroy this office.”
But GOP Rep. Hal Rogers, the Appropriations Committee chairman, told reporters he backed the proposal because “it’s the right thing to do.”
Rogers said there were “numerous examples” of members “who were falsely accused by this group who had to spend a fortune to get their good name restored so I think there’s been an abuse.”
Texas Congressman Bill Flores also backed the change saying the panel is “out of control, we don’t even get constitutional rights, constitutional protections. They don’t tell us who accuses us and they leak the data — they are out of control.”
Currently the ethics panel operates as an independent, non-partisan entity that has the power to investigate misconduct against lawmakers, officers and staff of the United States House of Representatives. Originally created by Congress under Pelosi’s speakership in the wake of multiple lobbying scandals, it continued to act as an independent body under then-House Speaker John Boehner.
The proposal carries the appearance of House members taking power away from the office that can investigate them for misconduct.
Members of both parties complain that panel often takes up matters based on partisan accusations from outside groups with political motivations, and once they launch a probe members have to mount expensive defense campaigns.
But outside ethics group point to the ethics panel as the only real entity policing members and argue its independent status and bipartisan board are an appropriate way to oversee investigations.
“Gutting the independent ethics office is exactly the wrong way to start a new Congress,” said Chris Carson, spokesperson for League of Women Voters, in a statement. “This opens the door for special interest corruption just as the new Congress considers taxes and major infrastructure spending.”
Norman Eisen and Richard Painter, of the Citizens for Responsibility and Ethics in Washington, a nonprofit watchdog group said the ethics office “has played a critical role in seeing that the congressional ethics process is no longer viewed as merely a means to sweep problems under the rug.”
“If the 115th Congress begins with rules amendments undermining (the ethics office), it is setting itself up to be dogged by scandals and ethics issues for years and is returning the House to dark days when ethics violations were rampant and far too often tolerated,” they said in a Monday night statement.
Eisen served as the top ethics lawyer for President Barack Obama and Painter held the same job under President George W. Bush.