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House ethics watchdog now open for business

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The House’s outside ethics watchdog will soon be able to begin investigating lawmakers after the longest period of dormancy in its 17-year history.

The Office of Congressional Conduct — which vets misconduct allegations against lawmakers then sends findings to the House Ethics Committee, which can recommend potential formal action — has been effectively shuttered since the start of the 119th Congress as it awaited the appointment of board members.

But on Tuesday afternoon, the House clerk read aloud the names of those four members from the chamber floor, permitting the office to make moves toward resuming normal operations once again.

Karen Haas, a former House clerk, will serve as board chair; ex-Minnesota Democratic Rep. Bill Luther will serve as board co-chair. Another former House clerk, Lorraine Miller, alongside former Georgia GOP Rep. Lynn Westmoreland, will also hold seats.

It follows drawn-out pleading by good government organizations and a personal appeal earlier this month from a group of House Democrats who directly asked Speaker Mike Johnson to appoint members to the board.

“Ensuring OCC can operate effectively should not be a partisan issue,” wrote Rep. Chris Pappas (D-N.H.) and seven colleagues.

It’s not currently clear what the hold-up was about, though House GOP leadership made early moves to suggest it was seeking to slow-walk the OCC’s ability to get up and running. The rules package at the start of this Congress included language that changed the name of the body and required the board to meet to formally appoint the staff, essentially stalling its ability to resume operations.

Former GOP Rep. Porter Goss, who helped create the office in 2008, said he believed the inaction in forming OCC’s board for the new Congress might have been intended to quietly kill it altogether. A spokesperson for Johnson did not respond to an inquiry about the reason for the delay.

In any event, with the board’s reappointment — all four members served last year, too — the OCC now has its work cut out for it.

Staffers will soon face a mountain of cases that have accumulated during the OCC’s months of relative inactivity. The absence of a board forced the agency to sit almost entirely idle: While it could continue to gather freely-accessible information to develop cases, it lacked the ability to open any investigations without a formal governing body.

Beyond reviewing complaints against lawmakers, the inaction from House leadership in appointing a board for the new Congress also prevented OCC from formally changing its name on some official materials — as was required in the Rules package for this Congress — and from releasing reports on its activities.

Launched in 2008 by then-Speaker Nancy Pelosi, the OCC was a response to a series of ethics scandals roiling Capitol Hill at that time, including the high-profile bribery charges against the notorious lobbyist Jack Abramoff.

Whereas the House Ethics Committee’s operations are shrouded in secrecy, the OCC was set up to receive complaints from the outside public about any House member. The independent, nonpartisan body could then investigate the matter and turn over credible allegations to the bipartisan Ethics panel made up of House members evenly divided between the two parties.

Goss said he, Pelosi and others proponents of the OCC believed that public-shaming could compel good behavior: Whereas the OCC is governed by a board of private citizens, the House Ethics Committee is a panel of members who adjudicate cases against their peers. And while the Ethics Committee is notoriously quiet, OCC is public-facing.

“The idea was that this would take the pressure” off the Ethics Committee, Goss said.

The House also took months to reappoint members to its Ethics Committee in the longest delay in recent history. It followed the tumultuous circumstances surrounding the release of the report into former Rep. Matt Gaetz, accused of illicit drug use and paying a minor for sex.

But many lawmakers revile the OCC, regarding it as a politically-motivated operation unfit to oversee the activities of the House. Shortly after Trump’s first election, lawmakers sought to kneecap the office altogether.

Former Rep. Gregg Harper (R-Miss.), who as a member of Congress served on the Ethics Committee, has since leaving office represented people with cases pending before the OCC and said in an interview he would advise future clients to not cooperate with the office’s requests. He called it a “gotcha organization” with little usefulness to the House and said it was time to shut it down to save taxpayer dollars.

One current House member, who requested anonymity to discuss sensitive matters around Congressional ethical concerns, argued that the OCC was a partisan entity that would take up just about any complaint — and that, despite the headaches the body creates, it has no real power in how the House Ethics Committee adjudicates complaints.

In the meantime, polls have found public trust in the federal government, particularly trust in Congress, to be exceptionally low. Good governance activists argue that the OCC is a key tool in restoring that trust and bemoaned the delays in reconstituting the office.

Aaron Scherb, a lobbyist for the progressive group Common Cause, cited concerns about “misconduct just being swept under the rug” in the OCC’s absence.

“As we’ve seen, the House Ethics Committee is extremely lacking in its investigations, and so the OCC has in some cases helped spur or kind of helped catalyze the House Ethics Committee to conduct more rigorous investigations,” Scherb said.

A spokesperson for OCC declined to comment.

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Congress

Khanna expresses disappointment about Massie’s defeat

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Rep. Ro Khanna (D-Calif.) expressed disappointment Sunday morning that Rep. Thomas Massie (R-Ky.) lost his primary last week.

Speaking on NBC’s “Meet the Press,” Khanna said of his reaction: “Sadness, disappointment. Thomas is a real friend. He’s a good man.”

Khanna and Massie are very much on opposite ends of the classic left-right ideological spectrum, but they came together to introduce the Epstein Files Transparency Act, requiring the release of files in the case of convicted sex offender Jeffrey Epstein. They also joined together to attempt, unsuccessfully, to block U.S. involvement in Iran.

Those efforts, as well as other votes, led President Donald Trump to repeatedly denounce Massie and campaign on behalf of Ed Gallrein, Massie’s challenger in their Kentucky congressional district. Gallrein won the primary last week with approximately 55 percent of the vote.

Speaking to host Kristen Welker, Khanna offered his analysis of Massie’s defeat.

“He was taken out for two reasons,” Khanna said. “One: He had the courage to go after some very powerful people in working with me to get the Epstein Transparency Act passed. As you mentioned, that’s historic bipartisan legislation that finally got justice for the survivors. And he had people spend millions of dollars and had the president of the United States after him.

“And second, he worked with me to stop this war in Iran. So for taking on the Epstein class and taking on war, he basically lost his state. And I admire his courage in taking those positions.”

With talk this weekend of a possible deal with Iran, Khanna said it is time for the war to come to an end.

“The answer to your question is yes. I do believe we need a negotiated deal,” he told Welker.

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Congress

Absent congressmember Tom Kean Jr. starts working the phone

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Rep. Tom Kean Jr., whose two-and-a-half month disappearance has stoked speculation about his health and political future, has begun more actively communicating over the phone.

On Thursday, Kean began calling Republican county chairs in his 7th Congressional District, one of the most competitive in the country in this year’s midterms. The two-term Republican also gave a “lengthy” interview to New Jersey Globe on Thursday afternoon, the first he has granted since he last voted on March 5.

Kean did not respond to a text message from Blue Light News and his voicemail was full Thursday night.

But Kean, 57, gave no details to the Globe on his undisclosed illness, which has kept him out of public view since early March. He said he’s expecting to make a full recovery, that it would not affect his cognitive health, that he plans to run for reelection and that he will publicly discuss his health at an unspecified later date.

“My doctors are confident that I’m on the road to a full recovery,” Kean told New Jersey Globe. “I understand the need for public transparency, and I appreciate the support of my constituents.”

Kean added that he plans to return to voting and campaigning in the next couple weeks. Rep. Richard Hudson (R-N.C.), chair of the House GOP’s campaign arm, told reporters Thursday he spoke to Kean and he will be back voting in June.

Kean’s lengthy absence has drawn national media attention, with reporters staking out his home in the wealthy 7th Congressional District, where he faces an extremely competitive reelection, with four Democrats competing in the June 2 primary to take him on in November. His campaign and office staff had repeatedly said that he expects to make a full recovery and would return to work “soon.”

But few people — even Kean’s two fellow New Jersey House Republicans — had recently reported speaking to him. House Speaker Mike Johnson told reporters that he spoke to Kean last month.

Kean called Republican chairs in his district on Thursday.

“He sounded good to me. Sounded just as normal as always,” said Carlos Santos, the Republican chair of Union County, where Kean lives.

Santos said that he did not ask Kean about his ailment, and that Kean did not disclose it. But he said Kean confirmed he’s running for reelection and that he has his support.

Tracy DiFrancesco, the GOP chair of Somerset County, also spoke with Kean.

“It was just a simple conversation. He sounded just like Tom always sounds. He sounded perfectly fine. He’s basically back. Hopefully we’re going to see him very soon,” she said. “I think he’s doing well and we’re excited to get back on his campaign.”

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Congress

Tom Kean to return?

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Rep. Richard Hudson, chair of the House GOP’s campaign arm, told reporters Thursday he spoke to Rep. Tom Kean Jr. and he will be back voting in June.

Kean, a New Jersey Republican, has been missing from Capitol Hill since March 5 without explanation. Hudson, of North Carolina, said in an interview just a few days ago he hadn’t spoken to Kean in a while and only heard from Kean’s team that he could run for reelection.

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