House leader lied: He won't investigate
DeLay
The Hill
By Alexander Bolton
December 14, 2005
The House ethics committee may not launch an immediate investigation into
the activities of former Majority Leader Tom DeLay (R-Texas) once it becomes
fully operational after New Year's, according to its chairman Rep. Doc Hastings
(R-Wash.).
In April, Hastings pledged to launch an immediate probe of DeLay if
Democrats agreed to cooperate with him and allow him to organize the Standards
of Official Conduct Committee, as it is officially known.
The panel had been put in limbo by a partisan dispute over rules
changes.
Hastings said in a recent interview with The Hill that his offer to
investigate DeLay earlier this year was "extraordinary." He said the committee
would now operate on regular order. When asked whether his offer was outside
regular order, he responded, "Yeah. That was extraordinary. Let's put it that
way."
Hastings's original offer was that he and at least three Republican
colleagues on the committee would vote at the earliest opportunity to empanel
an investigative subcommittee headed by Rep. Melissa Hart (R-Pa.) to "review
allegations concerning travel and other actions by Mr. DeLay."
Now, however, his position is that, "We're going to start all over."
"We are now set up at least at the top and there's going to be regular
order," he added, referring to the recent hire of William O'Reilly, a partner
at the Jones Day law firm in Washington, D.C., to serve in the position of
chief counsel/staff director.
Hastings said that the procedures of regular order are described in
committee rules. But the rules are not clear on the timing of a probe, and
Hastings declined to discuss it in further detail.
The most relevant rule, Rule 18(a) on committee initiated inquiry, states
that the committee may consider information indicating that a member may have
committed a violation of the Code of Official Conduct or any other applicable
standard of conduct and that the chairman and ranking member may jointly gather
additional information until an investigative subcommittee has been
established.
When Hastings offered to investigate DeLay in April, House Republicans had
voted for ethics rules changes that made it easier for lawmakers to defend
themselves from complaints and probes. The changes called for complaints to be
automatically dropped if the panel's five Republicans and five Democrats
deadlocked over whether to pursue them; for the same defense counsel to
represent multiple lawmakers under scrutiny; and for preliminary adjudicating
hearings. The changes have since been rescinded.
Hastings's revised stance on a DeLay probe raises the question of when the
committee will investigate the former majority leader in the absence of a
formal complaint, and whether such a probe would be complete before Election
Day next year.
It may indicate that Hastings's previous desire to launch an inquiry into
whether lobbyist Jack Abramoff improperly paid for overseas trips taken by
DeLay was due more to his hope of ending a a stalemate with ranking Democrat
Rep. Alan Mollohan (D-W. Va.) over committee rules than to any conviction that
DeLay had violated ethics regulations.
Larry Noble, executive director for the Center for Responsive Politics, a
government watchdog group, said the earlier offer to investigate immediately
should not be considered extraordinary.
"The reality is he doesn't want to investigate DeLay and he's looking for
excuses," said Noble. "What is extraordinary is not the offer to investigate
DeLay, but that the House has done nothing to investigate the former leader
when charged with serious violations."
A self-initiated ethics committee probe of DeLay could now wait until after
possible inquiries into the activities of Reps. Jim McDermott (D-Wash.),
William Jefferson (D-La.), or Bob Ney (R-Ohio), all of whom media reports have
linked to ethical controversies.
An immediate probe could complicate DeLay's plans to secure an acquittal on
conspiracy and money laundering charges in Texas and return to his former post
in the GOP leadership as soon as possible.
Republican colleagues have indicated that DeLay has become a distraction to
their work.
Rep. Charles Bass (R-N.H.), chairman of the Republican centrists' caucus,
told The Boston Globe this month: "[T]he [GOP] conference would be better off
talking about issue differences with Democrats, not trials and ethics
issues."
Rep. Chris Shays (R-Conn.), another centrist and one of the GOP conference's
most vulnerable members, told reporters recently that DeLay's return to
leadership when House Democrats have decided that ethics should be a prominent
election issue would be a "disaster."
An immediate House ethics probe could fuel growing GOP conference sentiments
that DeLay should be replaced permanently. An inquiry would likely stir-up more
behind-the-scenes demands for leadership elections in January, increase the
chances that interim Majority Leader Roy Blunt (R-Mo.) or another aspirant win
election to the second-ranking leadership slot, and make it more difficult for
DeLay to return for power even if later acquitted.
It is unlikely that DeLay will get a verdict in Texas as soon as he would
like. State District Judge Pat Priest informed the lawmaker's lawyers that he
would not hear pretrial motions until Dec. 27 and would not commit to a January
trial, citing the state's right to appeal a decision throwing out a conspiracy
charge against DeLay, which Travis County District Attorney Ronnie Earle
exercised yesterday.
Mollohan told The Hill that the ethics committee will have "its full
complement" of investigative lawyers no later than Jan. 1 and will be ready to
begin work then.
O'Reilly told reporters when he was hired that he would begin working at the
committee no later than Jan. 1.
Republicans say Hastings offered the deal to get Democrats to agree to the
rule changes and defuse criticism that they were meant to shield the then
majority leader. GOP lawmakers criticized Hastings for offering to scrap the
preliminary investigation that traditionally precedes the empanelling of an
investigative subcommittee.
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