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CREW citizens for responsibility and ethics in washington December 17, 2010 Honorable Nancy Pelosi Speaker of the House U.S. House of Representatives H-232, US. Capitol Washington, DC 20515 Honorable John Boehner Minority Leader U.S. House of Representatives H-204, U.S. Capitol Washington, DC 20515 Dear Madam Speaker and Speaker Designate: Citizens for Responsibility and Ethies in Washington (CREW) urges you to reconstitute the House Committee on Standards of Official Conduct, commonly known as the Ethies Committee, next Congress and have the new committee re-examine the conduct of Rep. Maxine Waters (D-CA). Press reports suggests the committee is in disarray and that there has been a near total breakdown in the investigation into the conduct of Rep. Waters.’ While the report prepared by the Office of Congressional Ethics in August 2009 indicates Rep. Waters did, indeed, violate House conflict of interest rules, requiring Ms. Waters to be disciplined, itis also imperative that the integrity of the ethics process be unquestioned. Yet the clear breakdown of relations between Committee Chair Zoe Lofgren (D-CA) and committee staff, the complaints and cross-complaints by Rep. Lofgren and Ranking Member Jo Bonner (R-AL), the revelation that Rep. Bonner ordered the Capitol Police to block the doors of the committee offices for a week, the reports that committee members and staff argued about what documents should be subpoenaed, the unexplained and troubling suspensions of two staff investigators, the intimations that Rep. Lofgren was undermining committee staff efforts to prepare a fair and thorough case, and committee’s failure to obtain and review clearly relevant documents from Rep. Barney Frank (D- MA) and the staff of the House Financial Services Committee, all seriously undermine the credibility of the investigation. Confidence in the House ethics process already is historically low and the information slowly leaking out showing a dysfunctional committee in turmoil and disarray is sure to further diminish any remaining respect. In addition, some members of Congress have also questioned the committee's fairness and the press reports may serve to legitimize those concerns. "R. Jefiiey Smith and Carol D. Leonnig, Infighting Cited in Breakdown of Waters Ethics Probe, Washington Post, December 17, 2010; Paul Kane and Carol D. Leonnig, House Ethics Panel in Turmoil as Top Lawyer Resigns, Washington Post, December 16, 2010. 1400 Eye Street, HW, Suite 450, Washington, D.C. 20005 | 202.408.5565 phone | 202.588.5020 ax | waw.cizensforetics org a Honorable Nancy Pelosi Honorable John Boehner December 17, 2010 Page Two Sadly, the House Ethics Committee has no reservoir of good will on which to fall back. Politics trumped ethics in 2005 when the then-chairman of the committee, Rep. Joel Hefley (R- CO) was removed from his position following the committee’s unanimous admonishment of Majority Leader Tom DeLay (R-TX). That ignominious decision and the House Republicans’ failure to hold Rep. DeLay accountable for his numerous misdeeds contributed to Americans’ unease about House ethics. As a result, according to national exit polls, 42% of voters in the 2006 elections called corruption an extremely important issue in their choices at the polls. Similar concerns over process derailed the Department of Justice’s 2008 prosecution of since-deceased Sen. Ted Stevens (R-AK). Although the senator was found guilty of taking and failing to report gifts on his personal financial disclosure forms over a period of years, because prosecutors had failed to properly handle and turn over evidence to Sen. Stevens” lawyers, the Justice Department was forced to dismiss the case against the senator and even now, an investigation into the Department's conduct remains ongoing. Further, as a result of the debacle, the reputation of the Department's previously vaunted Public Integrity Section has been diminished significantly. As deeply divided as the House is, the two of you will need to work together next Congress to reinvigorate and instill confidence in the ethics process. Reports that the Office of Congressional Ethies will be maintained are encouraging, but given the inherent limitations of the office’s jurisdiction, this is not sufficient. As critical as CREW has been of Rep. Waters” conduct, we believe the Ethics Committee itself needs to be re-populated with members and staff. not weakened by the controversy surrounding that investigation. Further, it appears an investigation into exactly what has happened during the course of the Waters inquiry, including whether members or staff deliberately declined to obtain or produce either incriminating or exculpatory evidence may be warranted. The American people demand that members of Congress act with honesty and integrity. It is unfortunate that some of those charged with investigating unethical conduct may themselves have handled those responsibilities in a manner allowing charges of misconduct, unfaimess and partisanship to be leveled. As the likely leaders of the 112 Congress, it is imperative that you step in and take firm action to get the situation under control and instill confidence in the ethics process, Sincerely, ZA Melanie Sloan Executive Director

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