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Dec 3, 2003 -- Press Release: Watchdog Group Urges Ashcroft, House Ethics to Investigate Bribery Attempt in House Vote The Campaign Legal Center today urged the U.S. Department of Justice to investigate whether Members of the U.S. House of Representatives attempted to bribe a member of Congress into voting in favor of the recently-passed Medicare prescription legislation . The group also urged the House ethics committee to investigate the matter. The Legal Center's letters to the Attorney General and the House ethics committee leadership are attached.
Various media organizations have reported that late on the night of Nov. 21 or 22, unamed Members repeatedly pressured Rep. Nick Smith (R-Mich.) on the House floor to vote in favor of the bill, which was a top Bush Administration and congressional priority. According to a report by syndicated columnist Robert Novak, Members promised Rep. Smith that his son, Brad, who is running to succeed his father in office, would receive $100,000 from industry and business interests if Smith would vote "yea." They also assured Rep. Smith that the GOP would support one of his son's four primary opponents if he voted "no." After the vote - Rep. Smith voted against the bill - Members taunted that Brad Smith was "dead meat." Slate magazine's Tim Noah reported that Rep. Smith's chief of staff confirmed the basic accuracy of these reports. Several press accounts describing these events are attached.
Under Title 18, Section 201 of the United States Code, a person commits bribery who
directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent to influence any official act . . .
The threats and inducements allegedly made by these unnamed Members of Congress appear to fall squarely within the statute.
While the Speech and Debate Clause contained in Article I, Sec. 6 of the Constitution protects Members from prosecution for acts that occur in the normal course of the legislative process, the Supreme Court has clearly held that these protections do not extend to criminal acts by Members. In U.S. v. Brewster, for example, the Court allowed a criminal prosecution to proceed against a former U.S. Senator, declaring that an act of bribery "is, obviously, no part of a legislative process or function."
The Legal Center also asked Chairman Joel Hefley (R-Colo.) and Ranking Democrat Alan B. Mollohan (D-W. Va.) of the House Committee on Standards of Official Conduct to initiate an investigation into whether the allegations, if true, violate the unnamed Members' obligation to "conduct himself at all times in a manner that shall reflect creditably on the House." Under the Committee's Rule 14(a)(3), the Committee may undertake such an action on its own initiative, without a formal complaint by a Member of outside organization.
Legal Center President and General Counsel Trevor Potter: "Reports that $100,000 in campaign contributions were offered as a bribe to influence a legislative vote show how important it is to separate campaign contributions from official congressional action. It also shows how hard it is to change the culture of a system accustomed to using campaign funds to keep Members in line."
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