Former Florida Representative Tom Feeney was ordered to pay a fine of over $5,000 after taking a trip to Scotland sponsored by (now convicted) lobbyist, Jack Abramoff.  This was after the trip was investigated by the House Committee on Standards of Official Conduct due to allegations the trip was illegal because it was sponsored by a lobbyist.

The Justice Depatment sought the Committee’s documents after it closed its case.  Obviously looking for evidence that a member of the House of Representatives was involved in illegal activities.

Feeney tried to get the subpoenas of the Committee’s materials quashed.  Originally, he was unsuccessful.  Feeney appealed, and the Appeals Court has held that the materials are Constitutionally protected and cannot be subpoenaed by a Grand Jury.

The Appeals Court Cited the “speech or debate” clause of the United States Constitution.

The Court held that the trip was covered by the clause because Feeney contended it was a legislative fact-finding trip.   This contention meant that the Ethics committee had to determine whether the trip ”was an exercise of the congressman’s official powers or an abuse of those powers.”   

Yes, and the Committee found it was an abuse of his power.  Hence the fine. 

So why wouldn’t the Ethics Committee turn over it’s documents after finding one of its members had committed an act that violated the House’s Ethics Rules?  (And therefore outside his official duties and potentially criminal).  Well, it’s called CYA.  And the parties have apparently decided to protect each other’s bad actors.  Feeney (a Republican) gets off because of a ridiculous interpretation of the “speech or debate” clause.  One the Congress has pushed for.  The same interpretation protected William Jefferson (Democrat).

Jefferson gets to hide evidence of bribe taking in his Congressional office preventing the Justice Department from getting it and Feeney gets to take an Illegal trip without getting in legal trouble.  Everybody’s Happy!

Unless you want ethical behavior from our elected officials, that is.

 

BTW, here’s the text of the speech and debate clause:

Senators and representatives “shall in all cases, except treason, felony and breach of peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.”

Clearly, the clause was only intended to cover actual debate in the legislature, not any activity a Senator or Representative might engage in.  But the expansive reading by the Appeals Court has resulted in this clause expanding so much that it literally enables our Congressional leaders to avoid criminal prosecution for any activity that occurs while in office.