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. Riddle me this though? How many times have you done negative comments about Ensign, Vitter and Craig?

    I don’t think I was here then. Did they resign? Cause we know democrats don’t.

  2. Looks like Mike Spindell might be right.

    Voters say Weiner can survive lewd photo scandal

    NEW YORK (AP) – Really, incredibly, stunningly stupid.

    Voters in Rep. Anthony Weiner’s home district in Brooklyn and Queens shook their heads in disbelief about the news that Weiner tearfully admitted to posting lewd photos of himself to women online. But most said Monday he would—and should—politically survive, saying they had voted for him before and would again. The seven-term Democratic congressman may have done something dumb, voters outside his district office in Queens said, but it wasn’t criminal.

  3. “After considering the comments here and doing more reading, I think Weiner should go.”

    Mespo,

    We disagree on this. In the end his constituents will make the decision come 2012. If I still lived in his district I would still vote for him, even though in this he acted like a schmuck.

    “At that point, 46-year-old Weiner declared: “wow a jewish girl who sucks (bleep)! this thing is ready to do damage.”

    Bdaman,

    Just goes to show that he is a schmuck and also misinformed. I think though that the majority of politicians are just as stupid and immature when it comes to women. Riddle me this though? How many times have you done negative comments about Ensign, Vitter and Craig? All of whom did much worse in their peccadillos.

  4. Off Topic but seeing how Briepart is a part of this a federal judge has reversed his decision and will now not restrict James O’Keefe from traveling to attend a conservative conference in California.

  5. and got caught. Right guys?

    Yep, and I got caught the first go around. Although I’m quite happy on my current marriage I will never forgive myself for depriving my first two children a normal mother father upbringing.

  6. >shall conduct himself at all times in a manner that shall reflect creditably on the House<

    I fail to see how he has failed to uphold this standard.

  7. Here goes … I met my husband when I was 18 years old and he’s been the only man in my life. In fact, even though there were boys I dated before him … he was and is the only man in my life … if you get my drift.

    That being said, I honest to god don’t give a flyin’ f**k what other people do as long as they are not forcing someone else. Cheat on your husband, cheat on your wife … honey, I’ve lived long enough to know better than to pass judgement on anyone’s marriage or failure to uphold their marriage vows.

    I grew up smack dab in the middle of the sex, drugs and rock-n-roll life style and have seen some pretty unbelievable things and heard some far-fetched excuses but I learned to separate people from their sexual peccadilloes and get on with the business of making a living and letting other people alone to live their lives.

    If Weiner goes because of this then he joins a whole host of men and women down through the centuries who have allowed their sexual fantasies and peccadilloes to consume their lives … and got caught. Right guys?

  8. Mespo:

    “to expect one to keep solemnly made promises — even doubly so when those promises are made publicly to your spouse or before your constituents in the oath of office.”

    Hear, hear. If you cannot keep the vow you make to your wife, you should not be expected to keep any oath you take.

    But it is, in my opinion, up to his constituents whether he is to remain in office.

  9. To reiterate, “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.

    Ergo, what mespo said as well.

  10. Briepart claims in an interview with Matt Lauer on the Today Show there are more than six women Weiner was involved with.

  11. Bdaman:

    Read the lewd exchange. That should just about do him in. Sayonara!

  12. Weiner and Nevada woman exchanged raunchy messages, planned to meet

    Read more: http://www.nypost.com/p/news/local/weiner_and_nevada_woman_exchanged_oTrCsncHCSMF0CmZqz7CDK#ixzz1Od3ye88k

    Wait until the wife reads this!

    Just when you didn’t think it could get worse, new X-rated text messages were made
    public today where Rep. Anthony Weiner got down and dirty with one of the women he had befriended on Facebook — even telling her that he was prepared to travel to Nevada to bed her.

    In a series of dirty chat messages dating back to Sept. 17, 2010, the kinky Weiner wrote to 40-year-old Lisa Weiss — a Nevada blackjack dealer who went back and forth with Weiner on Facebook for more than a year — that he was interested in meeting her.

  13. WASHINGTON (AP) – House Democratic leader Nancy Pelosi has formally requested a House ethics panel probe of New York Rep. Anthony Weiner. Pelosi on Tuesday sent a brief letter to the leaders of the committee noting that Weiner had “disclosed conduct that he described as inappropriate.”

    Pelosi had urged the panel Monday to launch a probe shortly after Weiner had given a public confession in his online sex scandal.

    http://www.breitbart.com/article.php?id=D9NN759O1&show_article=1

  14. After considering the comments here and doing more reading, I think Weiner should go. His efforts in the past in defense of progressive positions is quite admirable, but that doesn’t excuse the utter stupidity and lack of propriety involved. With all due respect to Mike S, I do not think it an issue of “hypocritical morality” to expect one to keep solemnly made promises — even doubly so when those promises are made publicly to your spouse or before your constituents in the oath of office. While I may not be qualified to pass judgments on another’s marriage, I do feel qualified to pass judgment on the trustworthiness of public figures. Regardless of our aligned ideology, he is incredibly wrong and unworthy of a high office representing the people of his district. Simply put, we are entitled to better. Resignation will only add to his humiliation but that is not the purpose of it. Rather, he has forfeited the trust of his constituents and should resign to vindicate what we once considered the dignity of the office. I agree that it’s a foul sauce to swallow, but appropriate to both goose and gander.

  15. It remains to be seen whether or not Rep. Wiener can still be an effective congressman. That should be the only consideration in how far this silly prosecution goes.

    Geeba Geeba,
    Please take a little more to organize your thoughts before you post. Do you really mean to imply that snorting coke, extramarital sex and being Catholic all lower the bar of accountability?

  16. “But the lowered bar of accountability, if allowed to worsen, bodes poorly for us.”

    Geeba Geeba,

    I agree that the bar has been lowered, but the issue is not about sexual morality. The bar was lowered by the Iraq War, Tax Cuts for the Rich, Torture, Rendition and non-recogniition of habeas corpus.
    When it comes to sex the US has been and remains puritanical. When it comes to true moral/ethical issues we are deteriorating.

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