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Yesterday, the Senate Ethics Committee released the fruits of its long-anticipated investigation into senator John Ensign (R., Nev.), who resigned last month in order to avoid being deposed by the committee’s counsel.
The report makes clear that Ensign’s resignation served another purpose: had he stayed on, he would have been the first senator since Indiana’s Jesse D. Bright in 1862 to face expulsion for ethics infractions. The committee has composed a compelling, well-written, and meticulously documented indictment of the abuse of power by a man who was once frequently mentioned as a presidential prospect. Its account is also striking for its bipartisanship, something Congress has managed only very rarely in ethics matters the past few decades.
Extensive summaries and commentary on the investigation’s results have been furnished by several web writers, most notably at Talking Points Memo. I won’t attempt to add my own summary, but I do want to juxtapose the report’s conclusions with the “investigations” undertaken by the Department of Justice and the Federal Election Commission, both of which closed their files without taking action against Ensign, at a time when even newspaper accounts pointed to the likelihood of criminal conduct.
Alarmingly, the Justice Department not only failed to act against Ensign, it actually indicted Doug Hampton, Ensign’s former senior staffer, who was clearly a victim of Ensign’s predatory conduct and who had blown the whistle on him. The new report does suggest that Hampton may have engaged in improper lobbying activities, with Ensign’s connivance. But it also makes clear that Hampton’s statements about what happened were truthful and complete, whereas Ensign’s were often cleverly misleading, and sometimes rank falsehoods. In this context, the Justice Department’s decision—to prosecute the victim who spoke with candor and against his own interests, and let the malefactor who lied about his conduct go free—is perverse. It is also completely in line with recent Justice Department pubic integrity prosecutions, which have displayed an unseemly appetite for political intrigue and an irrepressible desire to accommodate the powerful.
With the senate committee’s referral, the Justice Department will be required to take a second look at the matter. It should start that process by asking itself how it got things so embarrassingly wrong the first time, and should resist the temptation to defend its past mistakes.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Ratio of the amount J. P. Morgan paid a man to fight in his place in the Civil War to what he spent on cigars in 1863:
The Food and Drug Administration asked restaurants to help Americans eat less.
Pope Francis announced that nuns could use social media, and a priest flew a hot-air balloon around the world.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”