

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Amid the uproar over the Republican Party's attempt to cripple the Office of Congressional Ethics, a little-noticed rule change was passed that guts an essential element of government oversight.
The rules package included a sentence that read: "Records created, generated, or received by the congressional office of a Member...are exclusively the personal property of the individual Member...and such Member...has control over such records."
The change, first pointed out by OpenSecrets.org and reported by the Fiscal Times on Monday, effectively means that some documents are no longer the property of the U.S. government, giving lawmakers the ability to hide critical information from an oversight investigation.
"Who cares whether a congressional office's budget documents, maintained at taxpayer expense, belong to each individual member, rather than Congress as a body?" asked Ashley Balcerzak, money-in-politics reporter for OpenSecrets. "Maybe the Justice Department, for one. In investigating allegations of public corruption or misuse of funds, criminal investigators frequently need to subpoena such records."
Balcerzak explained:
Usually, the Fifth Amendment and that bit about self-incrimination does not apply to documents per se, according to Mike Stern, former senior counsel to the U.S. House of Representatives from 1996 to 2004. But there is something called an "act of production" privilege, meaning that just producing the document would be incriminating in itself.
That privilege doesn't apply to government agencies or corporations. But if a lawmaker is being investigated for misuse of taxpayer funds and law enforcement authorities subpoena her spending records, under this rule, she can assert the privilege to withhold them; they belong to her, not to Congress.
"There's no cop on the beat," Sheila Krumholz, executive director of the Center for Responsive Politics, told the Fiscal Times. "We've lost a critical element of independent oversight."
"Why on earth would Congress now create barriers to investigation and subpoenas of a member's spending records?" Krumholz added. "This only benefits the incumbent politicians who passed this rule and those who would flout it, not the system and certainly not the public."
House Republicans made a blatant attempt to gut oversight last week when they voted to "neutralize and reconfigure the Office of Congressional Ethics by stripping its independent authority and making it subservient to the very members of congress it was designed to oversee," as Common Dreams reported at the time. But that effort was thwarted after widespread outrage forced lawmakers to back-track on the plan.
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. If you share our vision, please contribute whatever you can to sustain our work. |
Amid the uproar over the Republican Party's attempt to cripple the Office of Congressional Ethics, a little-noticed rule change was passed that guts an essential element of government oversight.
The rules package included a sentence that read: "Records created, generated, or received by the congressional office of a Member...are exclusively the personal property of the individual Member...and such Member...has control over such records."
The change, first pointed out by OpenSecrets.org and reported by the Fiscal Times on Monday, effectively means that some documents are no longer the property of the U.S. government, giving lawmakers the ability to hide critical information from an oversight investigation.
"Who cares whether a congressional office's budget documents, maintained at taxpayer expense, belong to each individual member, rather than Congress as a body?" asked Ashley Balcerzak, money-in-politics reporter for OpenSecrets. "Maybe the Justice Department, for one. In investigating allegations of public corruption or misuse of funds, criminal investigators frequently need to subpoena such records."
Balcerzak explained:
Usually, the Fifth Amendment and that bit about self-incrimination does not apply to documents per se, according to Mike Stern, former senior counsel to the U.S. House of Representatives from 1996 to 2004. But there is something called an "act of production" privilege, meaning that just producing the document would be incriminating in itself.
That privilege doesn't apply to government agencies or corporations. But if a lawmaker is being investigated for misuse of taxpayer funds and law enforcement authorities subpoena her spending records, under this rule, she can assert the privilege to withhold them; they belong to her, not to Congress.
"There's no cop on the beat," Sheila Krumholz, executive director of the Center for Responsive Politics, told the Fiscal Times. "We've lost a critical element of independent oversight."
"Why on earth would Congress now create barriers to investigation and subpoenas of a member's spending records?" Krumholz added. "This only benefits the incumbent politicians who passed this rule and those who would flout it, not the system and certainly not the public."
House Republicans made a blatant attempt to gut oversight last week when they voted to "neutralize and reconfigure the Office of Congressional Ethics by stripping its independent authority and making it subservient to the very members of congress it was designed to oversee," as Common Dreams reported at the time. But that effort was thwarted after widespread outrage forced lawmakers to back-track on the plan.
Amid the uproar over the Republican Party's attempt to cripple the Office of Congressional Ethics, a little-noticed rule change was passed that guts an essential element of government oversight.
The rules package included a sentence that read: "Records created, generated, or received by the congressional office of a Member...are exclusively the personal property of the individual Member...and such Member...has control over such records."
The change, first pointed out by OpenSecrets.org and reported by the Fiscal Times on Monday, effectively means that some documents are no longer the property of the U.S. government, giving lawmakers the ability to hide critical information from an oversight investigation.
"Who cares whether a congressional office's budget documents, maintained at taxpayer expense, belong to each individual member, rather than Congress as a body?" asked Ashley Balcerzak, money-in-politics reporter for OpenSecrets. "Maybe the Justice Department, for one. In investigating allegations of public corruption or misuse of funds, criminal investigators frequently need to subpoena such records."
Balcerzak explained:
Usually, the Fifth Amendment and that bit about self-incrimination does not apply to documents per se, according to Mike Stern, former senior counsel to the U.S. House of Representatives from 1996 to 2004. But there is something called an "act of production" privilege, meaning that just producing the document would be incriminating in itself.
That privilege doesn't apply to government agencies or corporations. But if a lawmaker is being investigated for misuse of taxpayer funds and law enforcement authorities subpoena her spending records, under this rule, she can assert the privilege to withhold them; they belong to her, not to Congress.
"There's no cop on the beat," Sheila Krumholz, executive director of the Center for Responsive Politics, told the Fiscal Times. "We've lost a critical element of independent oversight."
"Why on earth would Congress now create barriers to investigation and subpoenas of a member's spending records?" Krumholz added. "This only benefits the incumbent politicians who passed this rule and those who would flout it, not the system and certainly not the public."
House Republicans made a blatant attempt to gut oversight last week when they voted to "neutralize and reconfigure the Office of Congressional Ethics by stripping its independent authority and making it subservient to the very members of congress it was designed to oversee," as Common Dreams reported at the time. But that effort was thwarted after widespread outrage forced lawmakers to back-track on the plan.