The Verdict Is In: Senate Ethics Committee REFUSES to Enforce Salary Law Against Kerry!

FR ^ | 7-29-04

[jmstein7]

Well, the Ethics Committee has finally responded to the Ethics complaint against Kerry and the Secretary of the Senate.

Here is their letter:

As you see, the Senate Ethics Committee has refused to enforce a statute passed by both houses of Congress and signed by the President (in August of 1996).  If they don't like it, they have to REPEAL it; you can't just decide not to enforce a clear, unambiguous statute!

You can let them hear about it tomorrow at 202-224-2981.

[jmstein7]

By the way... this letter was written by a staffer. I doubt a lawyer in the position of Chief Counsel of the SSCE writes that poorly. It doesn’t even look like a lawyer’s work – it is shameful that the committee turned out such a piece of crap, and you-know-who should be embarrassed about having his name on it.

[Cold Heat]

Just Damn................

[Alamo-Girl]

Thanks for the ping!

[itsahoot]

It's time to go to court...

The courts will never touch it, they will claim it is a political matter......

[HipShot]

Ping

[musicman]

Golly gee.....then in 1996, when Bob Dole resigned from the Senate to run for POTUS, he DIDN'T HAVE TO QUIT???....

[E.G.C.]

BTTT!!!!!!

[Labyrinthos]

Thanks for the ping. Outrageous. The only thing worse than lawyers protecting lawyers are politician-lawyers protecting fellow politicians. The only legal remedy that I can think of off the top of my head to compel the ethics committee to enforce the statute is the old commonlaw "writ of mandamus," to force public officials to do what they are legally required to do. The problem with the writ is that it is generally used only to compel public officials to perform ministerial acts, but cannot be used if the public official is vested with discretion.

The other problem with the writ of mandamus (or any other legal action to compel the Senate ethics commission to act) is that the Federal Courts have historically refused to exercise jurisdiction over political questions -- that is, questions concerning the rules and regulations of coordinate branches of government.

As I'm typing this post, I thought of a third way to enforce the statute, which might work only if the statue imposes criminal penalties for non-compliance: A Federal grnd jury indictment. Although justice department lawyers would never present something like this to a grand jury, most people don't realize that a sitting grand jury generally has the inherent power to investigate any federal crime within its jurisdiction. The obvious problem is getting the grand jury to act.

[Straight Vermonter]

Let us know what can be done to help.

[Carolinamom]

Why have an Ethics Committee if THEY are unethical?

[Fresh Wind]

If Kerry's Senate term were up, I guarantee he would be running for both offices simultaneously, just like Joe Lie-erman did in 2000. At least Edwards is only running for one office (though his chances for a second term in the Senate are just about nil).

[HipShot]

If the lawyer side of these people won't listen, maybe the politician side will. Fax the refusal letter to Matt Drudge.

[jmstein7]

Does drudge have a fax number?

[HipShot]

I'm sure he does. Since you have scanned it, you may want to enter the url into his tip box @ drudgereport.com, and provide a point of contact.

[George W. Bush]

Personally, I'd favor doubling the daily compensation rate for any senator who was absent.

[PGalt]

Outstanding, informative, tell-tale post. Thanks. BTTT!!!

[Arrowhead1952]

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives), respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.

---

The only problem with this statement is that rules only apply to the Republican party. The RATs are exempt from any law that would harm their publicity or pocketbook.

[RasterMaster]

If the issue was important to John Forbes FRAUD Kerry, the absentee senator, he would be REPORTING FOR DUTY in the senate.

[Liberty Wins]

ping and bump