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Trump Rebukes House Republicans Over Bid to Gut Ethics Office House Republicans Back Down on Bid to Gut Ethics Office
(about 1 hour later)
WASHINGTON — President-elect Donald J. Trump criticized House Republicans on Tuesday for their surprise move to gut an independent congressional ethics office on the eve of a new legislative session, saying they should focus instead on domestic policy priorities such as health care and a tax overhaul. WASHINGTON — House Republicans, facing a storm of bipartisan criticism, including from President-elect Donald J. Trump, moved early Tuesday afternoon to reverse their plan to kill the Office of Congressional Ethics. It was an embarrassing turnabout on the first day of business for the new Congress, a day when party leaders were hoping for a show of force to reverse policies of the Obama administration.
The reversal came less than 24 hours after House Republicans, meeting in a secret session, voted, over the objections of Speaker Paul D. Ryan, to eliminate the independent ethics office. It was created in 2008 in the aftermath of a series of scandals involving House lawmakers, including three who were sent to jail.
Mr. Trump criticized House Republicans on Tuesday for their move to gut the office, saying they should focus instead on domestic policy priorities such as health care and a tax overhaul.
In a pair of postings on Twitter, Mr. Trump called the Office of Congressional Ethics “unfair,” but he said focusing on it now was a case of misplaced priorities. He appended the hashtag “DTS,” an apparent allusion to his promise to “drain the swamp” in Washington.In a pair of postings on Twitter, Mr. Trump called the Office of Congressional Ethics “unfair,” but he said focusing on it now was a case of misplaced priorities. He appended the hashtag “DTS,” an apparent allusion to his promise to “drain the swamp” in Washington.
The comments constituted a public break by Mr. Trump with rank-and-file Republicans, who overrode their top leaders on Monday in a vote to significantly curtail the power of the ethics office, which was set up in 2008 in the aftermath of corruption scandals that sent three members of Congress to jail. The comments constituted a public break by Mr. Trump with rank-and-file Republicans, who overrode their top leaders on Monday in a vote to significantly curtail the power of the ethics office, which was set up in the aftermath of corruption scandals that sent three members of Congress to jail.
The move to effectively kill the Office of Congressional Ethics was not made public until late Monday, when Representative Robert W. Goodlatte, Republican of Virginia and chairman of the House Judiciary Committee, announced that the House Republican Conference had approved the change. There was no advance notice or debate on the measure. Democrats and ethics watchdog groups were also sharply critical of House Republicans, adding to the pressure that led them to reverse course.
The surprising vote came as emboldened Republicans are ready to push an ambitious agenda on things as diverse as health care and infrastructure, issues that will be the subject of intense lobbying from corporate interests. The House Republicans’ move would take away both power and independence from an investigative body and give lawmakers more control over internal inquiries.
It also came on the eve of a historic shift in power in Washington, where Republicans control both houses of Congress and where a wealthy businessman with myriad potential conflicts of interest is preparing to move into the White House.
Speaker Paul D. Ryan and Representative Kevin McCarthy of California, the majority leader, spoke out during the meeting to oppose the measure, aides said Monday night. The full House is scheduled to vote on Tuesday on the rules, which would last for two years, until the next congressional elections.
In place of the office, Republicans would create a new Office of Congressional Complaint Review that would report to the House Ethics Committee, which has been accused of ignoring credible accusations of wrongdoing by lawmakers.
“Poor way to begin draining the swamp,” Tom Fitton, president of the conservative group Judicial Watch, said on Twitter. He added, “Swamp wins with help of @SpeakerRyan, @RepGoodlatte.”
Mr. Goodlatte defended the action in a statement on Monday evening, saying it would strengthen ethics oversight in the House while also giving lawmakers better protections against what some of them have called overzealous efforts by the Office of Congressional Ethics.
“The O.C.E. has a serious and important role in the House, and this amendment does nothing to impede their work,” the statement said in part.
But Representative Nancy Pelosi of California, the House minority leader, joined others who had worked to create the office in expressing outrage at the move and the secretive way it was orchestrated.
“Republicans claim they want to ‘drain the swamp,’ but the night before the new Congress gets sworn in, the House G.O.P. has eliminated the only independent ethics oversight of their actions,” Ms. Pelosi said in a statement Monday night. “Evidently, ethics are the first casualty of the new Republican Congress.”
The Office of Congressional Ethics has been controversial since its creation and has faced intense criticism from many of its lawmaker targets — both Democrats and Republicans — as its investigations have consistently been more aggressive than those conducted by the House Ethics Committee.
The body was created after a string of serious ethical issues starting a decade ago, including bribery accusations against Representatives Duke Cunningham, Republican of California; William J. Jefferson, Democrat of Louisiana; and Bob Ney, Republican of Ohio. All three were ultimately convicted and served time in jail.
The Office of Congressional Ethics, which is overseen by a six-member outside board, does not have subpoena power. But it has its own staff of investigators who spend weeks conducting confidential interviews and collecting documents based on complaints they receive from the public, or news reports, before issuing findings that detail any possible violation of federal rules or laws. The board then votes on whether to refer the matter to the full House Ethics Committee, which conducts its own review.
But the House Ethics Committee, even if it dismisses the potential ethics violation as unfounded, is required to release the Office of Congressional Ethics report detailing the alleged wrongdoing, creating a deterrent to such questionable behavior by lawmakers.
Under the new arrangement, the Office of Congressional Complaint Review could not take anonymous complaints, and all of its investigations would be overseen by the House Ethics Committee itself, which is made up of lawmakers who answer to their own party.
The Office of Congressional Complaint Review would also have special rules to “better safeguard the exercise of due process rights of both subject and witness,” Mr. Goodlatte said. The provision most likely reflects complaints by certain lawmakers that the ethics office’s staff investigations were at times too aggressive, an accusation that watchdog groups dismissed as evidence that lawmakers were just trying to protect themselves.
“O.C.E. is one of the outstanding ethics accomplishments of the House of Representatives, and it 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,” said a statement from Citizens for Responsibility and Ethics in Washington, an ethics watchdog group that has filed many complaints with the Office of Congressional Ethics.
“If the 115th Congress begins with rules amendments undermining O.C.E., 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,” the statement continued.