05-05-2005
ETHICS - Smith, Cole Recuse Themselves From Delay Ethics ProbeSusan Davis
© National Journal Group, Inc.
Hoping to remove the appearance of impropriety or conflict of interest in an anticipated investigation of Majority Leader DeLay, Republican Ethics members Lamar Smith of Texas and Tom Cole of Oklahoma announced Wednesday they will recuse themselves from it.
Smith and Cole informed Ethics Chairman Hastings of their decision, and members of the Ethics panel were told during a Wednesday evening meeting. Both Smith and Cole have been targeted by outside groups and Democratic critics because they contributed to DeLay's legal defense fund.
"The three of us all agree that the recusal of Mr. Cole and me would be in the best interests of the committee," Smith said in a statement. "My past service on the committee demonstrates my ability to remain impartial toward any member and to judge a case based on its merits, not partisanship ... To ensure that any decision [on DeLay] is final and not subject to any question, I believe it will be in the best interests of all concerned to recuse myself in such a situation."
If the Ethics Committee decides to proceed with an investigation of DeLay, which is expected, Smith and Cole would be excluded entirely from the proceedings and House Speaker Hastert would appoint two proxies.
Generally, both parties retain a substitute pool of 10 members who can step onto the committee if a member has a conflict of interest with another member involved in a complaint.
The proxy members are confidential until they are tapped to serve on the committee, and Ethics Committee rules give Hastert the authority to name proxy members when necessary.
Hastings said that Smith and Cole's presences on the committee "raise doubts -- however unwarranted -- about whether those members would be able to judge fairly allegations of impropriety against Mr. DeLay."
Hastings said the decision in no way undermines the objectivity of Smith or Cole, and said the action did not indicate that an investigation of DeLay is imminent.
"No one can possibly know in advance where any matter before this committee will lead," Hastings said.
DeLay told reporters Wednesday he was confident he would be exonerated when the committee investigates his involvement in a series of trips overseas with lobbyist Jack Abramoff that might have violated House Ethics rules.
"Absolutely," DeLay said. "We did everything by the book." DeLay said an internal review by his lawyers of his travel has not uncovered any problems.
However, DeLay did say he would make a recommendation to the Ethics Committee to clarify travel rules for members and staff.
"It is an issue that has been raised that needs to be looked at," he said. "I would prefer, for instance, that the Ethics Committee set up a process by which a member can go to them and submit a proposed invitation for a trip, whether it be foreign or domestic, and the Ethics Committee approve or disapprove it. Then everybody knows what is proper and what is not proper."
The Ethics Committee formally organized Wednesday after a weeks-long partisan stand-off over a series of GOP-backed changes to committee rules that Hastert agreed to overturn last week.
The committee also approved a routine motion to continue on unresolved complaints from the 108th Congress, including one against Rep. Jim McDermott, D-Wash.
The panel still has to resolve some minor staffing issues and hire additional legal counsel after receiving a significant boost in committee funding this year.
Hastings and Ethics ranking member Alan Mollohan, D-W.Va., told reporters they expected the committee to be fully operational "as soon as possible."
In a rare opportunity, reporters were also briefly invited into the meeting to watch the roll call vote to approve the committee rules, which were the subject of intense media scrutiny in the past weeks.
"And that's your signal to go outside and wait," Hastings joked following the unanimous approval, in reference to the always closed-door sessions.
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