“Trust Us, It Only LOOKS like Bribery!”

Imagine, if you will, that I post an enthusiastic testimonial to the superior depilatory virtues of  Braun electric razors as compared to Norelco Triple-headers. Then suppose that you learn that, prior to the publication of my pro-Braun rave, Braun had sent Ethics Alarms a generous contribution “to support its good works in support of ethical consciousness.” Not only that, but also imagine that this contribution was brokered by an organization paid by Braun because it guaranteed that it could get good reviews of for its clients’ products on ethics websites. If I subsequently claimed that my razor review rave and the felicitous gift from Braun were absolutely unrelated, that I recommended Braun’s razor purely because of the product’s wonderful qualities  was influenced not one whit by the payola and the implicit promise of more, would you believe me?

If you would, you would be…well, I think the technical term would be “an idiot.” Yet that is the gist of the most recent outrage from the House of Representatives ethics committee, which  issued a report clearing the late Rep. John Murtha as well as Reps. Jim Moran (D-VA), Marcy Kaptur (D-OH), Norm Dicks (D-WA),  Rep. Pete Visclosky (D-Ind.), Todd Tahrt (R-Kan.) and Rep. Bill Young (R-FL) of acquiring lucrative earmarks for government contractors after the same contractors had sent them huge “contributions.”  Continue reading

Lobbyist Ventriloquism and the Abysmal State of Congressional Ethics

When Washington, D.C. attorney Robert Trout delivered his closing argument in the trial of former Rep. William Jefferson (now known as “Inmate CB476881”) for, among other things, accepting a large cash bribe that was later found in his office freezer, he told the jury that the prosecution was hypocritical and unfair. After all, he said, “If seeking political help was a crime, you could lock up half of metropolitan Washington, D.C.” Jefferson’s actions may have been unethical, and they were certainly a mistake, but really now: isn’t this just what all Congressmen do? Jefferson, Trout argued, just got a little bit carried away.

Jefferson was convicted, so there is some distance left for our faith in our elected representatives to fall before it hits rock bottom. The argument was still ethically disturbing in two respects. First of all, Trout’s pitch amounted to a jury nullification plea, a defense in which a jury is encouraged to ignore the law, and that is unethical lawyering.

Second, Trout may well have been right. Continue reading