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. I agree with Mike S. on this one. While Weiner acted like a weiner, he did nothing illegal. His constituents will decide if he will stay in the House or not.

  2. Here are situations (CA) where the law applies outside the workplace. Thus, appearances are that the Rep is off the hook regarding sexual harassment per se.

    {Quote:

    Sexual Harassment Outside the Workplace

    This section is a supplement to the section on sexual harassment in the workplace. For a description of what sexual harassment is, and what forms it comes in, see Harassment In The Workplace.

    This section describes how sexual harassment can be illegal outside the workplace.

    This Section Addresses California Law.

    Who Can Be Sued?

    Generally, only employers can be sued for sexual harassment. For example, if a man grabs a woman’s breast in a bar, that’s not sexual harassment, although it may be assault and battery. However, if a woman’s boss grabs her breast (and she doesn’t want him to) that’s probably sexual harassment.

    The law has recently been changed to allow people to sue others for sexual harassment, even when the harassment isn’t at the job.

    The following people can be sued for sexual harassment, when they have a business, service, or professional relationship with the person they harassed:

    A person’s physician, psychotherapist, or dentist
    Attorneys
    Marriage, family or child counselors, licensed clinical social workers, and those with a Masters Degree in Social Work (MSW)
    Real estate agents and real estate appraisers
    Accountant bankers, trust officer, financial planners and loan officers
    Collection services
    Contractors
    Escrow loan officers
    Executors, trustees, or administrator beneficiaries
    Landlords and property managers
    Teachers
    People who are in a relationship that is substantially similar to any of the above

    End Quote}

    http://www.discriminationattorney.com/lawyer-attorney-1287338.html

  4. I have not read any place that the advances were unwelcome. You need to read what some of these women were saying to him.

  5. Swarthmore mom,

    Therefore, regardless of whether or not the advances were unwelcomed (the full accounting of those affected women is not yet revealed) this is not sexual harassment because no actions occurred within a common work environment?

  6. I consulted an attorney that handles those types of cases, FFLEO. Twitter was not their workplace.

  7. Swarthmore mom,

    That is only one of many potential elements regarding sexual harassment. Perhaps an attorney, especially one whose specialty involves sexual harassment cases, can weigh-in.

  8. FFLEO, A key element in sexual harassment cases is that the actions are unwelcome. From what I have read of the exchanges that was certainly not the case. You are right that he has brought shame upon his wife.

  9. After over 25 years of federal government service and numerous required sexual harassment avoidance courses, what Mr. Weiner did clearly falls within sexual harassment based upon the guidelines I learned. I simply do not understand why any woman or his constituents would stand behind this man. I am sympathetic most of all for his fine wife whom he has shamed and humiliated.

  10. Weiner’s going to be fine. New York and New Orleans have more in common than not. People don’t like to admit that, but it’s true.

  11. Given the gains women have made combating sexual harassment it is unconscionable that a U.S. Congressman would engage in such action.

    {Quote:

    Anthony Weiner’s actions, had he worked for any other private corporation, would have been met by swift action, ie. termination. Sending pictures like this would be considered Sexual harassment in most corporations.

    End Quote}

    http://www.congress.org/congressorg/bio/userletter/?id=447&letter_id=6994384641

  12. Were he to ask for my advice, I would recommend that Rep. Weiner leave the House and focus on rehabilitating his reputation. His ability to survive a reelection challenge is one thing, but Republicans will hound him incessantly over this issue and his effectiveness will be severely hampered. His resignation would quickly end the discussions and he could quietly go about the business of preparing to become the mayor of New York.

  13. Bdaman
    1, June 7, 2011 at 6:24 pm
    and got caught. Right guys?

    Yep, and I got caught the first go around.

    =======================================

    There you go … your life, right? … and none of my damn business. You take good care of your mother … by the way, how is she doing?

  18. Lotta,

    I’m not saying it’s been a walk in the park but, if I were to be completely honest … I’m more trouble than he is.

    Elaine,

    We both got lucky and we were smart enough to know it!

  19. Blouise,

    “Here goes … I met my husband when I was 18 years old and he’s been the only man in my life.”

    I started dating my husband when we were both fifteen. I got lucky at an early age.

  20. Blouise: “Here goes… he was and is the only man in my life … if you get my drift.”

    —-

    Good for you girlfriend, life-long commitments are the hardest work you can take on. There was a comedian that used this line which I stole and have used on occasion with some measure of truth: “Divorce? I’ve never considered divorce; murder, but never divorce.” 🙂

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