Former Representatives: GOP should be cautious 05:53
Story highlights
- Howard Schweitzer: Republicans should see controversy over Office of Congressional Ethics as a teachable moment
- President-elect Donald Trump rightly called out the proposal's fecklessness, Schweitzer writes
Howard Schweitzer is the managing partner of Cozen O'Connor Public Strategies and former Chief Ethics Officer and general counsel at the Export-Import Bank, and served as chief operating officer of the TARP in the George W. Bush and Obama administrations. The views expressed are his own.
(CNN)If
there was one unambiguous bipartisan message from the outcome of the
November election, it was this: It's time for business as usual to come
to an end. Washington, we heard over and over again, has become too
unaccountable to the voters and in the minds of many, corrupted by
power.
Yet Monday night,
behind closed doors, the House Republican Conference made their very
first act of the new Congress an explicit rejection of that unmistakable
message.
In a 119-74 vote,
Republicans tried to eviscerate the Office of Congressional Ethics,
proposing sweeping changes to the independent body. True, less than 24
hours later -- in one of the fastest and most dramatic political
flip-flops in recent memory -- the Republicans pulled the proposal. But
the damage to the incoming Congress's image was already done.
If
House Republicans want to get back on track, they will need to treat
this as a teachable moment on the lessons of transparency in the Age of
Trump.
The new rules proposed by
rank and file Republicans stipulated that the nonpartisan office be
subject to oversight by the separate House Committee on Ethics, made up
of members of Congress. It could not make public statements or examine
anonymous complaints. It could not review any possible violations of
criminal law. In other words, there was not a heck of a lot it could do.
Speaker Paul Ryan and Majority Leader Kevin McCarthy initially reportedly opposed the move (although Speaker Ryan on Tuesday issued a statement defending the vote), no doubt understanding the PR nightmare that would await them when it became public.
That nightmare came swiftly. Even President-elect Donald Trump weighed in
on the tone-deaf move by members of his party: "With all that Congress
has to work on, do they really have to make the weakening of the
Independent Ethics Watchdog, as unfair as it ... may be, their number
one act and priority. Focus on tax reform, healthcare and so many other
things of far greater importance! #DTS," Trump wrote on Twitter, using
his hashtag for "draining the swamp."
There
is indeed a legitimate case to be made for what the Republicans did.
There has been bipartisan grumbling about some of the Star Chamber-like
qualities of the office since Nancy Pelosi and House Democrats created
it eight years ago.
A number of members have been falsely accused of wrongdoing.
Their political careers were jeopardized after investigations were
announced and begun to great fanfare in the political press. In many
cases, those accusations were found to lack any substance and were
subsequently dropped, even as innocent members of Congress amassed hefty
legal bills.
In many cases, the damage was already done, and the members' exonerations weren't usually covered at all by the media.
But
I've had my own dealings with Office of Congressional Ethics and,
without exception, found it to be thoughtful and deliberate. They take
complaints and accusations of ethical breaches seriously. Their very
strength was their independence. By contrast, too often in the past the
House Ethics Committee has been reluctant to investigate its own.
That
doesn't mean the office doesn't need reforming. Proceedings need to be
made more transparent and should provide a better sense of due process
to those the office investigates. Democrats seemed to agree with that
as much as Republicans.
But in an
era where bipartisan agreement may be rare amid proposals for replacing
Obamacare and passing tax reform, why not try to forge a solution that
Democrats could agree with? Why not do so out in the open instead of
confirming the worst stereotypes about smoke-filled rooms in Congress?
The
President-elect rightly called out House Republicans' fecklessness and
misplaced priorities over his favorite medium, leading to a near
immediate repeal. The House Republican caucus would have faced
never-ending ridicule by Democrats, government watchdogs and
transparency advocates.
Republicans
will have no shortage of legislative battles in the coming months that
will test their unity and whether there are compromises to be made with
the other side. It's a shame that their first test on this front came up
so short.

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