Bizarre, Congress, Politics

Weiner Roast: He Lied, But Was It a Criminal or Ethical Violation?

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

151 thoughts on “Weiner Roast: He Lied, But Was It a Criminal or Ethical Violation?”

  1. When the wife’s away, Weiner will play.

    Kinky Congressman Anthony Weiner conducted several of his steamy online sessions while his better half was out of the country, records show.

    As the “body woman” to Secretary of State Hillary Rodham Clinton, Huma Abedin is tasked with accompanying the former first lady on diplomatic globetrotting missions.

    Weiner, it seems, uses the timing of her foreign affairs to pursue domestic ones online.

    For instance, last month, while Abedin and Clinton were in Rome meeting with Prime Minister Silvio Berlusconi, Weiner was chatting up Texas nursing student Meagan Broussard.

    Read more: http://www.nypost.com/p/news/local/he_wife_worlds_apart_kVvpLJeulZ526Cv2W7Bf2O#ixzz1ObL8C1Mj

  2. Bette Noir,

    Having on many occasions behaved stupidly about sex, I heartily agree, but then my entire past history is riddled with stupid behavior. If nominated…..I won’t run……etc. On the other hand perhaps my past alone makes me qualified to be a politician, it seems so many share it.

  3. While I agree that “Rep. Weiner has been one of the few truly strong voices on progressive issues in Congress,” I’d say that Weinergate calls into question the man’s common sense and judgment. How could he think that what he was doing would never come to light? Why would he send pictures like that to young women he never met–pictures that the women could use against him…possibly blackmail him with? Talk about dumb!

  4. If only people who have never behaved stupidly about sex can serve in Congress, we’ll have a very small talent pool from which to select.

  5. The more these Reps meddle in our business the more the media should snoop around their personal lives. If they aren’t telling me how to live or spend my money then fell free to whore around, until then their personnel lives are fair game.

  6. Weiner is one of the bravest and best Congressman. The problem is that we mix in this country’s hypocritical morality, with critical societal issues. I’m not justifying his behavior, which is smarmy at best, but it is certainly not a cause for resignation, or official censure.

    There will no doubt be many of the Right’s flacks who will say this is unfair compared to the treatment given to men like Ensign who was forced to resign. Without comparing the two men’s deeds of which Ensigns was far more egregious, the difference resides in the moral stances the right uses as electoral tools.

    Bogus values of religiousiosity are prime tools used to get Republicans elected. That they personally lag far behind their public moral stance is what brings cause for scorn and ridicule. Weiner has never presented himself as a paragon of religious morality. Was he a jerk? Absolutely! Did he handle this stupidly? Sure he did. At the end of the day though he stands out for his political beliefs and his courage to fight for them. Other than a mild snicker, I give less than a damn about his psycho-sexual failings.

  9. I’m with culheath on this. Rep. Weiner has been one of the few truly strong voices on progressive issues in Congress.

  10. The real damage here is two-fold.
    First, there is the Wieners credibility. He was one of the few voices of working Americans in the House. He now is just a punchline.
    Second, there is Dimbarts credibility. He was 0-for-7 on honest reporting of facts & his lies and deceit had started to be exposed instead of swallowed whole by the media. Now he will always have a wiener to wave around when his veracity is challenged.

    Champions will always be found but the elevation of that scum sucking fraud into a ‘journalist’ will be damaging to the country and its citizens for years to come.

  12. “I guess Freeing Willy has its downsides.”

    he did not free willy, his willy remained confined. Although if that was his willy he has a future in porn.

    A first pass at his stage name:

    Foote Longg

  13. Since there was no dead little boy dressed in sheep’s clothing involved in this otherwise completely private matter, I fail to see how this all has any bearing on his public job. It does however piss me off that he blew his cred and all since he was such a dynamic voice for progressive issues…I guess Freeing Willy has its downsides.

  14. Weiner’s smarmy Twitter behavior is despicable. But there is another aspect, even more reprehensible. Breitbart alleged Weiner’s “adventures”. Weiner denied the allegations were true. intimating that Breitbart maliciously lied. Calling a person a liar is a slander, a willful defamation of character. Weiner at first thought he could bluff his way through the crisis, aided by an adoring press, These days, pleading “uncontainable passion” wins sympathy and forgiveness, particularly when the confession is tearfully delivered. Self-serving slander is another, and far more grave, matter.

  18. WTF? Is the bubble in DC so thick it is inescapable? There have been several Congress/Senate creeps caught sending indelicate pictures to women and men not their partner. Where do they get the idea this is OK? That does not even begin to look at the serial harassers, serial philanderers, serial outhouse toe-tappers or the be-diapered hooker patrons.

    This calls for my second favorite line from “Batman”:
    “This town needs an enema”

  19. Neither criminal nor unethical just pathetic, stupid, and cause for minor concern. It’s not without some humor though as David Niven references:

Comments are closed.