Advice by Panel Is to Reprimand, Not Oust, Rangel

Advice by Panel Is to Reprimand, Not Oust, Rangel
By DAVID KOCIENIEWSKI
Copyright by The Associated Press
Published: July 30, 2010
http://www.nytimes.com/2010/07/31/nyregion/31rangel.html?_r=1&th&emc=th


The panel that oversaw a two-year ethics inquiry into Representative Charles B. Rangel’s conduct recommended that the Harlem congressman be punished with a reprimand, rather than a more serious censure or expulsion from office, the chairman of the panel said Friday.

The recommendation appears to be carrying significant weight with the full 10-member House ethics committee, which will decide Mr. Rangel’s fate. On Friday, the full committee spent hours behind closed doors debating whether to agree to a settlement that would require the congressman, a Democrat, to admit to wrongdoing in exchange for receiving a reprimand and avoiding a public trial on his conduct.

A reprimand is considered a moderate punishment, more serious than the minor sanction of admonishment but not especially severe: members including Newt Gingrich, the former House speaker, and Barney Frank have received reprimands.

Word of the panel’s recommendation came on the same day that Congressional officials said that Representative Maxine Waters, Democrat of California, would face ethics charges that are expected to be announced next week.

On Thursday, the ethics committee released a report detailing 13 charges against Mr. Rangel, including his improper use of his office to solicit donations for a City University of New York center to be named in his honor; his failure to report rental income from his villa in the Dominican Republic and to pay taxes on it; his omission of some $600,000 in assets on his House financial disclosure forms; and his acceptance from a Manhattan developer of four rent-stabilized apartments, one of which he used as a campaign office.

The report said Mr. Rangel had shown “a pattern of indifference or disregard for the laws, rules and regulations of the United States and the House of Representatives.” It also documented the major charges.

Representative Gene Green, the Texas Democrat who was chairman of the investigative subcommittee, told reporters on Friday that Mr. Rangel had previously been offered the settlement that included the reprimand.

But negotiations stalled on the question of how much wrongdoing Mr. Rangel would admit to, causing the talks to break down and prompting the ethics committee to take the rare step of preparing for the public hearing — the Congressional equivalent of a trial.

“If we could have reached a settlement we would have recommended that to the full committee,” Mr. Green said, adding, “But that didn’t happen.”

Asked if Mr. Rangel had put a settlement on the table, Mr. Green replied: “At different times there were offers from both sides.” He said there was never a vote on a proposed deal.

Mr. Green’s comments added fresh drama to what has become a chaotic story on Capitol Hill.

The ethics committee is among the most secretive bodies in Washington, and after speaking to reporters, Mr. Green quickly issued an apology for his comments — saying he had erred by piercing that confidentiality.

Then, adding more confusion to the picture, Mr. Rangel reacted angrily when reporters asked his response to Mr. Green’s statement, saying it was “absolutely untrue” that he had been offered a reprimand. Hours later, his lawyer amended that statement, saying Mr. Rangel “misspoke” and acknowledging that Mr. Green’s comments were accurate.

“The appropriate sanction, including reprimand, was one of a number of issues addressed in settlement discussions,” said Leslie Kiernan, the lawyer representing Mr. Rangel before the committee. She declined to elaborate on any continuing discussions.

Predicting what punishment a House member will receive after ethics infractions is difficult; factors including the member’s contrition, level of knowledge of the misdeeds and relationships with colleagues can play a role. And given how high profile the case involving Mr. Rangel has become, especially after the public detailing of the charges, it is possible that Republicans on the committee will now face pressure to reject any settlement.

Even some Democrats seemed to grow more uncomfortable with Mr. Rangel’s continued presence in the House. Since the charges were detailed, three Democratic members have called for him to step down, joining three members who had previously asked him to leave the House.

“Too many politicians, both Democrats and Republicans, have fallen victim to the idea that they are ‘different’ than regular folks, and nothing could be further from the truth,” Representative Ann Kirkpatrick, Democrat of Arizona, said in a statement released on Friday.

“It is our job as members of Congress to hold each other accountable to a higher standard regardless of party,” she said, adding that if the charges against Mr. Rangel are accurate, “he needs to resign.”

The chairwoman of the ethics committee, Zoe Lofgren, Democrat of California, declined to comment on the committee’s discussions. As reporters waited outside the meeting room where the committee had huddled, a committee spokesman read a statement saying there would be no announcements on Friday.

Some government ethics groups said a reprimand seemed too lenient and would do little to insulate Democrats from Republicans’ charges that they had failed to deliver on Speaker Nancy Pelosi’s promise to “drain the swamp” of Washington’s murky ethical culture.

“Now that he’s put the committee through all this, to issue something as mild as a reprimand would look terrible,” said Melanie Sloan, a former federal prosecutor who is executive director of Citizens for Responsibility and Ethics in Washington.

“Some of the conduct alleged here could be a felony. If the committee lets him off that easily, it won’t do a lot to restore the public faith in Congress.”

From 1966, when the House Committee on Standards and Conduct was established, to 2008, 83 members have received some kind of ethics sanction. Mr. Gingrich, Republican of Georgia, was reprimanded for accepting improper gifts and using charitable donations for political purposes. Mr. Frank, Democrat of Massachusetts, received his reprimand for helping a male prostitute who lived in his home fix parking tickets.

Last year, the House voted against reprimanding Representative Joe Wilson, Republican of South Carolina, for shouting “You lie” during an address to Congress by President Obama.

On Friday, President Obama publicly weighed in on the matter for the first time, saying in an interview on the "CBS Evening News With Katie Couric" that the charges against Mr. Rangel were "very troubling." Mr. Obama said he believed Mr. Rangel had served his constituents well and deserved to end his career on a better note.

"He's somebody who's at the end of his career," he said. "I'm sure that what he wants is to be able to end his career with dignity, and my hope is that it happens."