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The Verdict Is In: Senate Ethics Committee REFUSES to Enforce Salary Law Against Kerry!
FR ^ | 7-29-04

Posted on 07/29/2004 5:00:42 PM PDT by jmstein7

Well, the Ethics Committee has finally responded to the Ethics complaint against Kerry and the Secretary of the Senate.

Here is their letter:

As you see, the Senate Ethics Committee has refused to enforce a statute passed by both houses of Congress and signed by the President (in August of 1996).  If they don't like it, they have to REPEAL it; you can't just decide not to enforce a clear, unambiguous statute!

You can let them hear about it tomorrow at 202-224-2981.


TOPICS: Extended News; Front Page News; Government; Your Opinion/Questions
KEYWORDS: awol; ethicscommittee; ethicscomplaint; kerry
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To: diotima

By the way... this letter was written by a staffer. I doubt a lawyer in the position of Chief Counsel of the SSCE writes that poorly. It doesn’t even look like a lawyer’s work – it is shameful that the committee turned out such a piece of crap, and you-know-who should be embarrassed about having his name on it.


61 posted on 07/29/2004 7:06:03 PM PDT by jmstein7 (A Judge not bound by the original meaning of the Constitution interprets nothing but his own mind.)
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To: jmstein7

Just Damn................


62 posted on 07/29/2004 7:53:16 PM PDT by Cold Heat (for rent)
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To: jmstein7

Thanks for the ping!


63 posted on 07/29/2004 8:01:38 PM PDT by Alamo-Girl
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To: jmstein7
It's time to go to court...

The courts will never touch it, they will claim it is a political matter......

64 posted on 07/29/2004 8:13:10 PM PDT by itsahoot (The lesser of two evils, is evil still...Alan Keyes)
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To: Labyrinthos

Ping


65 posted on 07/29/2004 8:27:40 PM PDT by HipShot (EOM couldn't cut the head off a beer with a chainsaw)
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To: jmstein7

Golly gee.....then in 1996, when Bob Dole resigned from the Senate to run for POTUS, he DIDN'T HAVE TO QUIT???....


66 posted on 07/29/2004 10:28:01 PM PDT by musicman
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To: jmstein7

BTTT!!!!!!


67 posted on 07/30/2004 3:06:33 AM PDT by E.G.C.
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To: HipShot
Thanks for the ping. Outrageous. The only thing worse than lawyers protecting lawyers are politician-lawyers protecting fellow politicians. The only legal remedy that I can think of off the top of my head to compel the ethics committee to enforce the statute is the old commonlaw "writ of mandamus," to force public officials to do what they are legally required to do. The problem with the writ is that it is generally used only to compel public officials to perform ministerial acts, but cannot be used if the public official is vested with discretion.

The other problem with the writ of mandamus (or any other legal action to compel the Senate ethics commission to act) is that the Federal Courts have historically refused to exercise jurisdiction over political questions -- that is, questions concerning the rules and regulations of coordinate branches of government.

As I'm typing this post, I thought of a third way to enforce the statute, which might work only if the statue imposes criminal penalties for non-compliance: A Federal grnd jury indictment. Although justice department lawyers would never present something like this to a grand jury, most people don't realize that a sitting grand jury generally has the inherent power to investigate any federal crime within its jurisdiction. The obvious problem is getting the grand jury to act.

68 posted on 07/30/2004 4:48:20 AM PDT by Labyrinthos
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To: jmstein7

Let us know what can be done to help.


69 posted on 07/30/2004 4:50:56 AM PDT by Straight Vermonter (Instaurare omnia in Christo)
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To: jmstein7

Why have an Ethics Committee if THEY are unethical?


70 posted on 07/30/2004 5:10:39 AM PDT by Carolinamom
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To: jmstein7

If Kerry's Senate term were up, I guarantee he would be running for both offices simultaneously, just like Joe Lie-erman did in 2000. At least Edwards is only running for one office (though his chances for a second term in the Senate are just about nil).


71 posted on 07/30/2004 5:20:31 AM PDT by Fresh Wind (Uday is DU in Pig Latin)
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To: Labyrinthos

If the lawyer side of these people won't listen, maybe the politician side will. Fax the refusal letter to Matt Drudge.


72 posted on 07/30/2004 6:02:53 AM PDT by HipShot (EOM couldn't cut the head off a beer with a chainsaw)
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To: HipShot

Does drudge have a fax number?


73 posted on 07/30/2004 6:30:05 AM PDT by jmstein7 (A Judge not bound by the original meaning of the Constitution interprets nothing but his own mind.)
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To: jmstein7

I'm sure he does. Since you have scanned it, you may want to enter the url into his tip box @ drudgereport.com, and provide a point of contact.


74 posted on 07/30/2004 6:48:04 AM PDT by HipShot (EOM couldn't cut the head off a beer with a chainsaw)
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To: jmstein7
Personally, I'd favor doubling the daily compensation rate for any senator who was absent.
75 posted on 07/30/2004 7:20:14 AM PDT by George W. Bush (It's the Congress, stupid.)
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To: jmstein7

Outstanding, informative, tell-tale post. Thanks. BTTT!!!


76 posted on 07/30/2004 7:24:44 AM PDT by PGalt
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To: conservative in nyc
The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives), respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.
The only problem with this statement is that rules only apply to the Republican party. The RATs are exempt from any law that would harm their publicity or pocketbook.
77 posted on 07/30/2004 7:33:26 AM PDT by Arrowhead1952 (The RAT ticket got a lead balloon bounce from their convention. I want more f***ing balloons.)
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To: jmstein7
If the issue was important to John Forbes FRAUD Kerry, the absentee senator, he would be REPORTING FOR DUTY in the senate.
78 posted on 07/30/2004 8:16:51 AM PDT by RasterMaster (Saddam's family was a WMD - We FOUND him and sons are DEAD!)
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To: Liberty Wins

ping and bump


79 posted on 07/30/2004 8:57:13 AM PDT by Liberty Wins (Life, Liberty, and the pursuit of all who threaten it.)
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