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. Mike S.

    “Show me a hero and I’ll write you a tragedy.” – F. Scott Fitzgerald

    Hero worship is a silly component of human psychology. Even Achilles was flawed. If one crosses the border from admiration to idolatry, they have no one but themselves and their unrealistic expectations to blame for their disappointments.

  2. Weiner, 46, is a married man. I have to say I think his behavior is really immature–something one might expect from a frat boy who lives in Animal House.

  3. “Does the type of behavior Weiner was involved in often escalate into even riskier behavior over the course of time?”

    Elaine,

    I’d be a pompous ass if said yes or no. I don’t know Weiner well enough to even guess. I do know myself though and can remember doing some stupid stuff involving sexuality before my marriage of three decades. I never flirt, make sexually provocative gestures to other women and have never been unfaithful in all these years.Yet before that I did some things that I’m still ashamed of though they were certainly of minor consequence. I was driven by an over stimulated sex drive, rather than a desire for risk, so with finding my soul-mate that behavior ended. At least from personal experience I can say that such behavior does not predict future behavior, or an escalation of same. The question is can he learn from his mistakes and will he?

  4. Otteray,

    But wouldn’t having an affair outside of marriage be considered an escalation of the risky behavior?

  5. Mike,

    “This should never have been a news story”

    I agree, but I don’t think that is a realistic expectation.

    First, for good and for ill, politicians these days are celebrities. So even if the “serious” political press would ignore it, I don’t think you could avoid coverage in the yellow press.

    Second, and more troubling, some politicians have a tendency to use part of their their sexuality, namely their spouses and children, for political gain. Can you selectively ignore the “dark side”?

    “a politicians sexuality is none of our business”

    Honest question: wasn’t this an option for Weiner?
    Let’s say that instead of the “my account was hacked” and “I don’t recognize this package” charade he would’ve simply said:

    “I mistakenly send this picture to Ms ____, she was not the intended recipient. I apologize to her. Everything beyond that is none of your business.”

    What would’ve happened?

  6. Elaine, I think I can answer that. The short answer is no. There is no research I am aware of that would support that contention. An affair is probably about as risky as it might get for an ordinary guy who is not a psychopath. The behavior in this case is more typical of poor judgement than malignant intent.

  7. Elaine,

    As usual Taibbi brings his own insightful take to this story. The underlying theme that runs through much of what Taibbi writes in general is that there are few real political “heroes.” While there
    are politicians like Weiner who I admire greatly, no one of them, or us, is a perfect human being. Perhaps the problem is that we all look too much to find “heroes” in our leaders, when we know from our own lives there really is no such thing. Humans are all fallible. We see the world filtered through the lens of our own
    rationalizations and self-justifications.

  8. Mike S.,

    You were a psychotherapist–so I’ll pose this question to you. Does the type of behavior Weiner was involved in often escalate into even riskier behavior over the course of time?

  9. On Anthony Weiner’s Hobbies
    by Matt Taibbi
    June 3, 2011
    http://www.rollingstone.com/politics/blogs/taibblog/on-anthony-weiners-hobbies-20110603

    Excerpts:
    Six years ago, congressman Anthony Weiner led a campaign to throw copies of the New York Press in the trash because of my silly column about the death of the Pope. Back then, I thought that was a pretty odd take on the First Amendment, coming from an ostensibly left-leaning New York liberal Democrat.

    Now I read that Weiner called the Capitol police on WCBS reporter Marcia Kramer for showing up at his office to ask questions about Weinergate. Incredible! I love how all of these ACLU all-stars turn into little Pinochets the instant the heat on their beloved careers moves up past room temperature.

    As for the actual story … Jesus, a congressman tweeting dong shots to co-eds? I get Brett Favre doing that, because Brett Favre is an NFL football player. He’s supposed to be stupid! But how does a U.S. congressman do something like that and expect it not to come out?

    **********

    I don’t want to gloat too much about Weiner. Milligan is right, it’s not like the guy is a serial killer. But as the Monday Night Football crew would say, C’mon, Man! If you want to be a national political figure, run for high office, and also have a family at the same time, you can’t be playing Russian roulette with your wife’s reputation every time you log on to your basement computer.

    In other words, when you’re a certain kind of famous, there are a few things you’ve just got to give up in life – like uploading pictures of your dick, for instance, or tweet-herding hot twentysomething women by the hundreds. Is it really that hard to find other hobbies? Why do I feel like this kind of thing isn’t a problem for someone like Bernie Sanders? Politicians never cease to amaze.

  10. “Anthony Weiner is no Martin Luther King”

    Roco,

    I agree, there is no comparison between the two men. However, if you re-read Berliner’s comment and my reply you will see that I was using MLK to illustrate a different point and certainly not comparing the two people.

    “But it should be up to his constituents to determine if he is fit to serve.”

    I couldn’t agree more. That also goes for Ensign, Larry Craig, and others on the right. In Weiner’s case, having lived in his district for a while, he will be re-elected if he chooses to run.

  12. Anthony Weiner is no Martin Luther King, not even close. I seriously doubt Dr. King would behave in such a sophomoric manner. When Weiner writes something comparable to Letters from the Birmingham Jail or takes on Bull Conner, I will concede your comparison. Your attempt to equate Weiner with Dr. King denigrates his memory. I am sure that was not your intent.

    But it should be up to his constituents to determine if he is fit to serve.

  14. What Mike Spindell said in all his posts … can’t think of anything worth adding as he has addressed it all most admirably.

  16. “I believe that if you lie to avoid personal responsibility you’re not longer fit for public office.”

    Berliner,

    Your point is well taken, but I would differentiate it in this and other cases. Providing we are not dealing with rape, pedophilia, incest, or other reprehensible sexual acts of that nature, a politicians sexuality is none of our business. This should never have been a news story, since the recipient didn’t lodge a complaint. Incidentally, I feel the same way about Right Winger’s sex scandals. I admit to have taken pleasure in their disgrace, but that wasn’t about the sex, it was about their hypocrisy in using false religious fervor to get elected.

    While in my 66 years there have been times I acted stupidly in sexual matters, in my career I behaved honorably and truthfully,
    sometimes to my detriment. Sexuality is a complex issue and people, like myself, are often led by our libido’s into dumb behavior. At the same time they are capable of selfless and courageous acts towards the benefit of society. Martin Luther King was said to have committed adultery, yet few deny his courage to fight for a better world. If this had been discovered and revealed in a media circus while he was alive, wouldn’t we all be worse off from the damage to him?

  18. What a Moron! Also a shame. I actually think he is one of the few on the Hill who still give a damn about the future of this country.

  19. Mike Spindell, I’m not an American, but if I were I think I would call for his resignation.

    For the same reason I called for the resignation of the German Defense Minister zu Guttenberg earlier this year:
    Not for the initial “offense,” I don’t think that sending adult consenting women pictures of your penis or plagiarizing your doctoral thesis are automatically “resigning offenses,” but for the lying in the early phase of the scandal.

    I believe that if you lie to avoid personal responsibility you’re not longer fit for public office.

  20. What Elaine said. His actions and his reactions to the eventual revelation of his actions – much like those of Clinton and Larry Craig – speaks more to his general common sense and judgment or lack thereof than about any malfeasance of office. As long as what a persons sexual peccadillo entails isn’t per se illegal (like child molestation or rape) then it really isn’t pertinent to their daily job. It makes good headlines for a prurient public, but in the end it is irrelevant other than showing how they handle such news shines light on their common sense and capabilities in crisis and media management.

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