Well, as you probably know by now, Rep. Weiner was . . . well . . . less than frank. (ok, I have used up my one allowed pun). I do not see a basis for criminal allegations, but Weiner is likely to face an ethics investigation. Minority leader Nancy Pelosi has called for an ethics investigation. There does appear to be grounds for such a charge, though the House has historically not used its rules to punish members for reprehensible acts committed in a members’ personal life.
Weiner was careful to avoid calling for an investigation for two very good reasons. One was that he was lying and the other is that he would have to lie to investigators (which is a commonly charged crime under 18 U.S.C. 1001, as in the case of John Edwards).
Calling for an investigation is a smart move. It deflects blame from the House leadership for failing to act and, if cleared, lessens the scandal by confirming that it is a personal matter. Both Republicans and Democrats on the Ethics Committee have an interest in narrowly construing the rules, which they have historically done. I have been a long critic of the congressional ethics rules and process.
Weiner’s conduct is baffling, bizarre, and utterly reprehensible. He only “came clean” when reporters located a host of pictures sent to as many as six different women, including the picture showing himself in full face with a handwriting note reading “Me” with an arrow pointing at his face. To magnify the disaster for Democrats, he not only degraded himself but resurrected the image of Andrew Breitbart.
Weiner was careful to note that he did not use congressional resources in the matter — though obviously his staff has been busy with the scandal for a week. In some ways it has the same profile as the scandal involving Sen. John Ensign (R-NV), though Ensign not only slept with the wife of a former aide but used his authority to find a job for her husband. However, a comparison shows more serious acts committed by Ensign in terms of his engaging in proscribed conduct. The Senate ethics committee recently found substantial evidence to support allegations that Ensign: (1) conspiracy to violate, and aiding and abetting violations of the post employment contact ban, 18 U.S.C. § 207; (2) false or misleading statements to the Federal Election Commission regarding a $96,000 payment; (3) unlawful and unreported campaign contribution and violations of federal law and a Senate Rule prohibiting unofficial office accounts; (4) spoliation of documents and potential obstruction of Justice violations; (5) gender discrimination; and (6) violation of his own senate office policies.
Weiner in comparison does not appear (thus far) to have used official resources. The photos appear to have been sent from AnthonyWeiner@aol.com on his BlackBerry .
Some use of staff to deal with such controversies is allowed. The House rules tend to focus narrowly on insular aspects of a member’s use of campaign and congressional resources. The only violation at this time would appear a broad view of personal misconduct that undermines the integrity of the House. Rule XXIII, Clause 1, of the House Code of Official Conduct states that “a member . . . officer or employee of the House shall conduct himself at all times in a manner that shall reflect creditably on the House.” However, such a standard for prosecution would require the Ethics Committee to multiple its work 100 times over. The problem with applying such a general rule is that it can be used to punish members for lifestyles that the majority finds unacceptable. Such morality codes often raise serious problems for free speech and association. In Weiner’s case, he has made the matter more serious by lying repeatedly for over a week and alleging potentially criminally conduct by his accusers. He insistence that he was “the victim” involved attacking both reporters and critics to try to extinguish the scandal — which of course had the opposite effect. Lying is nothing new for members of Congress but this record would make Joe Izuzu blush.
Source: CNN
Jonathan Turley
“If this had been a republican he would have been run out of town by now.”
Bendix20,
I guess you never heard of David Vitter and remember John Ensign? I think you are being the hypocrite.
If this had been a republican he would have been run out of town by now. But it is a so called liberal or progressive of which he is neither, just another radical left wing hack willing to buy votes with money stolen from people who work. As was the case with any Kennedy, Rangle, Jefferson, Boxer, Finegold, Waters and the list goes on we are told this is a personal matter and it does not matter when it comes to the sacred Imams of the left. The level of hypocricy never ceases to amaze.
Since we have naturally descended into banter about men’s sexual organs and display of same, let me add this. Having had a rather extensive love life prior to my marriage I strongly believe that men’s obsessive belief that their sexual organs are what attracts most women, is unfounded. Women, sadly for testosterone challenged males (sadly most of us), look to more pertinent data in selection.
I say thank God for that, or else I might not have had a love life to remember.
“Frankly, for all his personal failings, I think he should stay in and stay hot on the heels of the ethically challenged Clarence Thomas who, among other things, perjured himself on his financial disclosure form when he claimed, “No spousal income.””
OS,
I saw the poll also and as I said in a comment above, I lived in Weiner’s District. Politically it is one of the most Liberal in the country and demographically it has a large percentage of older NYC liberals. Beyond that though, Weiner through his career has been a very accessible Congressman. He is admired and beloved by his older constituents almost as if he was a son they could be proud of. His actions therefore would be viewed by them as being inappropriate, but given his service, forgiveable.
I personally find his behavior to be disgusting, but given what I know of politicians in general, par for the course. He has disappointed me and abused my faith in him. However, as you point out there are those on SCOTUS and in Congress who have actually trampled on the law, yet remain in their positions. He broke no law but behaved badly. If all things were equal and the lawbreakers and those subject to the bribery of campaign finance were thrown out of government, along with those who have transgressed in a morally inappropriate way, then he should go. Yet for Vitter to be reelected to the Senate after breaking the law (using prostitues) and committing adultery, Weiner should stay. This is especially so since he still enjoys the overwhelming support of his constituents who must render the true judgment under our Constitution.
mespo,
Following up on your remark to rafflaw: I think online flashers should be sent to a virtual penile colony.
😉
rafflaw:
“I understand your feelings about Weiner’s actions, but he is human. Even old fuddy duddys like myself make mistakes. Thankfully, I don’t know how to Tweet so that is one mistake I can’t make! ”
******************
The art world anxiously awaits the unveiling of your penile collage. Hey for some other affectionadoes –yourself excluded, of course — it might even lead to a penal collage, too. 😀
rafflaw,
I’d say what Weiner did was more than a mistake. it was a pattern of behavior that seems to have gotten out of hand. I think we’ll have to wait to make a judgment when all the dust settles…when we know everything that took place. What if Weiner did something that was illegal?
**********
Progressives Call On Democrats To Show Some Spine After Weiner Scandal
Evan McMorris-Santoro | June 10, 2011
TPMDC
http://tpmdc.talkingpointsmemo.com/2011/06/progressives-call-on-democrats-to-grow-a-pair-after-weiner-scandal.php?ref=fpb
Excerpt:
A growing chorus of progressives is calling on Democrats to keep their mouths shut when it comes to Rep. Anthony Weiner’s (D-NY) future — and are dismissing the Democratic calls for Weiner to step down as another sign of the timidity of the party.
It’s not so much that Weiner didn’t screw up royally, they say. It’s that they say it’s just not that big a deal, and making it into one falls into a Republican trap. And, besides, they say, as long as Sen. David Vitter (R-LA) is still walking the halls of the Capitol, why should the left be forced to lose one of its most ardent supporters?
It’s not clear how far this will develop. Defending Weiner is not something many are willing to do. But for some progressives, the response to Weiner is another sign of the Democratic party letting its left wing down.
What OS said!
Elaine,
I understand your feelings about Weiner’s actions, but he is human. Even old fuddy duddys like myself make mistakes. Thankfully, I don’t know how to Tweet so that is one mistake I can’t make! 🙂
Shows you how much we know. Polling just out says the majority Of Weiner’s constituents support him and think he should stay in office. One writer said that he enjoyed vote numbers usually seen only in a despotic dictatorship.
From HuffPo:
http://www.huffingtonpost.com/2011/06/09/anthony-weiner-scandal-chorus-cheers-district_n_874549.html
From Talking Points Memo:
http://tpmdc.talkingpointsmemo.com/2011/06/poll-majority-of-weiners-constituents-think-he-should-stay-in-office.php?ref=fpb
Frankly, for all his personal failings, I think he should stay in and stay hot on the heels of the ethically challenged Clarence Thomas who, among other things, perjured himself on his financial disclosure form when he claimed, “No spousal income.”
His hometown constituents seem to agree.
Mespo,
“I’d finish up the elegy for the creep and then make sure it was needed.”
You wouldn’t need to make sure of anything!
😉