House Republicans vote to rein in independent ethics office
Defying the wishes of their top leaders, House Republicans voted behind closed doors Monday night to rein in the independent ethics office created eight years ago in the wake of a series of embarrassing congressional scandals.
The 119-to-74 vote during a GOP conference meeting means that the House rules package expected to be adopted Tuesday, the first day of the 115th Congress, would rename the Office of Congressional Ethics (OCE) as the Office of Congressional Complaint Review and place it under the oversight of the House Ethics Committee.
Under the proposed new rules, the office could not employ a spokesman, investigate anonymous tips or refer criminal wrongdoing to prosecutors without the express consent of the Ethics Committee, which would gain the power to summarily end any OCE probe.
The OCE was created in 2008 to address concerns that the Ethics Committee had been too timid in pursuing allegations of wrongdoing by House members. Under the current House ethics regime, the OCE is empowered to release a public report of its findings even if the Ethics Committee chooses not to take further action against a member.
The move to place the OCE under the Ethics Committee's aegis stands to please many lawmakers who have been wary of having their dirty laundry aired by the independent entity, but some Republicans feared that rolling back a high-profile ethical reform would send a negative message as the GOP assumes unified control in Washington. President-elect Donald Trump has repeatedly promised to "drain the swamp" and has proposed a series of his own ethics reforms.
House Speaker Paul D. Ryan (R-Wis.) and Majority Leader Kevin McCarthy (R-Calif.) opposed the amendment to the House rules package, speaking out against it in the Monday evening conference meeting, according to two people in the room.
But the measure's sponsor, Judiciary Committee Chairman Bob Goodlatte (R-Va.), said in a statement that it "builds upon and strengthens" the current arrangement and that it improves the due process rights for the House members under investigation and witnesses interviewed in the course of OCE probes.
"The OCE has a serious and important role in the House, and this amendment does nothing to impede their work," Goodlatte said.
Goodlatte's amendment to the House rules "provides protections against any disclosures to the public or other government entities," according to a summary provided by his office, and mandates that the Ethics Committee -- not the OCE itself -- make any referral of a potential criminal violation to law enforcement.
"Feedback from Members and staff having gone through review by the OCE has been that those under investigation need increased protection of their due process rights, greater access to basic evidentiary standards, and a process that does not discriminate against them for invoking those rights," the summary said. "The amendment seeks to strengthen each of these needs while maintaining the basic core of OCE's functions."
The measure also limits the OCE's jurisdiction to the previous three Congresses, aligning its statute of limitations to the Ethics Committee's.
An OCE spokeswoman declined to comment Monday. Because Monday's vote was taken in a private party meeting, there is no public tally of how members voted on the proposal.
[Trump and Republican lawmakers at odds as new Congress prepares to convene]
Ethics watchdog groups warned that the amendment could undermine public confidence in Congress.
"Threatening its independence is a disservice to the American people who need a nonpartisan body to investigate the ethical failures of their representatives," said Jordan Libowitz, a spokesman for Citizens for Ethics and Responsibility in Washington, a watchdog organization. "The fact that they do not want an Office with 'Congressional Ethics' in the name is a pretty good metaphor for how ethics scandals will be dealt with if this rule passes."
Democrats, then in the House majority, established the OCE in 2008 in the aftermath of the lobbying scandal surrounding Jack Abramoff to conduct ethics investigations free from political influence. But in recent years, some members of Congress have sought to limit the office and its work.
Trump took to Twitter to slam House Republicans for voting behind closed doors
President-elect Donald Trump and congressional Republicans were suddenly at odds Tuesday morning just hours before a new period of Republican-led governance was set begin taking shape with the start of the 115th Congress.
Trump took to Twitter to slam House Republicans for voting behind closed doors Monday night to weaken an independent ethics office. The vote defied House GOP leaders and complicated Trump's "drain the swamp" campaign mantra.
"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!" Trump wrote on Twitter.
He added the hashtag "DTS" -- shorthand for "drain the swamp."
GOP leaders are eager to wield their House and Senate majorities to start rapidly advancing an ambitious conservative agenda beginning Tuesday, as Trump prepares to take office in under three weeks. But the fresh signs of discord threatened to slow them.
Adding to the confusion Tuesday, Trump senior adviser Kellyanne Conway appeared to partially defend the actions of House Republicans, who voted in favor of making key changes to the Office of Congressional Ethics (OCE), including placing its activities under the oversight of the House Ethics Committee.
"I don't want your viewers to be left with the impression that there's no mechanism to investigate ethics complaints," Conway said on MSNBC. "Particularly ethics complaint that come from constituents, which the former office has been entertaining."
[House Republicans vote to rein in independent ethics office]
Conway, who will be a counselor to the president in Trump's White House, said she had not discussed the matter with the president-elect.
In a statement released less than an hour after Trump's tweets, Speaker Paul D. Ryan (R-Wis.), who initially opposed the change to OCE, defended it.
"The Office is still expected to take in complaints of wrongdoing from the public. It will still investigate them thoroughly and independently," Ryan said.
The full House will vote on a rules package Tuesday that contains the proposed change to OCE. The office was created in 2008 to address concerns that the Ethics Committee had been too timid in pursuing allegations of wrongdoing by House members.
The 119-to-74 vote during the Monday GOP conference meeting means that the House rules package expected to be adopted would rename the OCE as the Office of Congressional Complaint Review.
Republicans are under intense pressure to unify behind common goals in the era of Trump, after being plagued for years by infighting in Congress and on the campaign trail. They have identified a list of legislative priorities beginning with the repeal of the Affordable Care Act that they hope will energize most of the GOP. But they could face significant speed bumps.
Tuesday promises to be a day of both ceremonial rituals and consequential business on Capitol Hill. Members of the new House and Senate will be sworn in during the afternoon. Republicans will hold a 52-48 advantage over Democrats in the Senate; their edge in the House will be 241-194.
The House will elect its speaker on Tuesday afternoon, a position Ryan is expected to continue to hold. After a tumultuous campaign in which Ryan and Trump sometimes clashed, relations appeared to have smoothed over in recent weeks. The uproar over the OCE could hurt the fragile relationship.
Part of the reason for the post-election improvement in the alliance between Trump and Ryan is Vice President-elect Mike Pence, a former member of Congress who enjoys a good relationship with both men.
Sean Spicer, a spokesman for Trump's transition team, said Tuesday that Pence "equally shares the concern" Trump expressed in his Tuesday morning tweets.
Pence plans meet with House Republicans on Wednesday to talk about the way forward on repealing the federal health-care law, according to an aide.
Federal budget legislation containing the repeal could be introduced in the Senate as early as Tuesday. But Democratic opposition to a repeal and complex Senate rules mean that core pieces of the 2010 health-care overhaul are likely to remain, including the legal framework for the individual mandate and pieces of the state exchanges the law created.
Further complicating matters: Republicans have yet to unite around replacement plan or on when such a plan should take effect.
Health care is one of many issues Republicans plan to address during the next two years. Pence said in a December speech that Trump has a "mandate" for leading and he identified a long list of priorities for the new administration and Congress. Among them: nominating a conservative Supreme Court justice and reworking the nation's tax laws. Tackling such issues has proven to be a contentious process in the past.
Republicans must also focus in the coming weeks on getting Trump's cabinet nominees confirmed by the Senate. Democrats plan to resist some of Trump's picks.
[Here are the eight Trump Cabinet picks Democrats plan to target]
Under the proposed new rules the House will vote on Tuesday, the OCE could not employ a spokesperson, investigate anonymous tips or refer criminal wrongdoing to prosecutors without the express consent of the Ethics Committee, which would gain the power to summarily end any OCE probe.
Along with Ryan, Majority Leader Kevin McCarthy (R-Calif.) initially opposed the amendment to the House rules package on Monday.
But Judiciary Committee Chairman Bob Goodlatte (R-Va.) pushed it. His office said it "provides protections against any disclosures to the public or other government entities."
Democratic leadership said the changes appear to run counter to Trump's vows to rid the nation's capital of corruption and other underhanded dealings.
"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," said Minority Leader Nancy Pelosi (D-Calif.) in a statement. "Evidently, ethics are the first casualty of the new Republican Congress."
In the Senate, Democratic leaders say they stand ready to work with Trump on areas where they can find common ground, such as infrastructure investments and trade. But they warn that they will not hesitate to fight him on areas where they disagree.
[Donald Trump, meet your toughest hurdle: the U.S. Senate]
"It is not our job to be a rubber stamp. It is our job to do what's best for the American people, the middle class and those struggling to get there," Sen. Charles E. Schumer (D-N.Y.) plans to say Tuesday in his first floor speech as the leader of the Senate Democrats, according to excerpts of his remarks provided by his office.
Schumer also plans to challenge Trump to rely on more than Twitter as he prepares to become the 45th president. The president-elect is known for firing off tweets at all hours of the day. Often, the messages are blunt attacks against his critics.
"'Making America Great Again' requires more than 140 characters per issue," Schumer plans to say.
Tuesday will also mark a farewell of sorts for Vice President Biden. Biden, who served in the Senate for decades before joining the Obama administration, will preside over the Senate as president of the chamber.
Biden has drawn attention in the past for colorful moments during the swearing-in ceremonies of senators and photo-ops with their families.
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