Kerry, Senate Secretary Facing Ethics Complaint

[Scooter24]

Democratic presidential candidate Sen. John Kerry (D-MA) met with Secretary of the Senate Emily Reynolds Wednesday to discuss ethics complaints stemming from his prolonged absence from the legislative body while he campaigns for president. Kerry and Reynolds were spotted by Congressional staffers slipping into one of the many antechambers of the Capitol where the pair likely reviewed options for dealing with the complaints filed against both of them.

A complaint filed by Hofstra law student Jonathan Stein accuses Reynolds of willfully violating a federal statute that requires her to make deductions from Kerry's Senate paycheck for his absences. Kerry is also named in the complaint for knowingly accepting salary to which he is not entitled.

The issue was first raised in a March 2004 letter to Reynolds from American Conservative Union Chairman David Keene who requested that she enforce the statute concerning Kerry's salary. Reynolds responded to Keene's letter, refusing to enforce the statute because her predecessors had not done so in other cases.

Stein points out in his complaint that the failures of others who previously held Reynolds' position could not establish precedent since the statute clearly says that the Secretary of the Senate "shall" make the appropriate deductions. Stein contends that the language used in the rule is unequivocal and mandatory, allowing no instance for exception or discretion.

Stein also believes that Sen. Kerry, who holds a license to practice law, should be "held to a higher standard of legal conduct than the ordinary citizen, as it is job and role to know, interpret, and promulgate the law."

Stein suggests that the Ethics Committee direct Kerry to return funds he was overpaid and decline to accept future illegal payments from the federal treasury.

http://www.talonnews.com/news/2004/june/0617_kerry_preempt_ethics.shtml
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Stein is a member over at FR. Though I don't believe this is going to go anywhere, I just thought I show everyone what the new angle of attack is. The kid obviously wanted his 15 min of fame... YAWN! Any lawyers on DU that can shed some light on this or give some input?

[PROGRESSIVE1]

1. Do we have any Law Students here at DU who could do the same....

to someone in DAS GOP???

Hofstra is a REICH WING SHIT SCHOOL!!!

Hofstra should be shut DOWN!!!!

[bryant69]

2. Interesting

But I think you are right, this doesn't have much chance of going anywhere.

This is just another case of Republicans suggesting that Kerry kneecap himself in order to make the race more fair. They know in a stand up fight Bush doesn't have an enormous chance, so they ahve to make it an unfair fight.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[Hubert Flottz]

3. Let's dock Bush too!

He makes more than Kerry!

[yella_dawg]

11. I wanna see Shrub's contract.

How much vacation time does that asshole get each year? No way is it as much as he takes, even during a non-campaign year.

[jackstraw45]

12. Forget Bush* campaigning, what about his VACATION TIME?

It's like us working Mon-Wednesday and calling that full-time.

[nose pin]

The statute doesn't cover POTUS

And to be fair to ANY President, even when on vacation, they are working several hours every day. A CiC has a plateful every day of the year.

[Hubert Flottz]

16. Bullshit!

That fucker ain't EVER done an honest day's work in his wimpy life! He's AWOL from the office too!

[nose pin]

17. Got a link for that?

Or is that just your opinion?

[Hubert Flottz]

23. Are you writing a book?

Sure I have links but I'm not sharing them with you! If you want to know look it up like I had to!

[nose pin]

25. You have links?

Proving that chimpy never worked an honest day in his life? And you won't share them?

Information like that should be shared far and wide.

Shame on you for your selfishness.

[CatWoman]

27. and shame on you for your bullshit

"now watch this drive................"

[nose pin]

30. Watch this drive?

What does that mean? And please point out anything that I have said in this thread that can be reasonably labelled "bullshit".

I have been reasonable, logical, and in Kerry's interest.

Some of the tactics being pushed in this thread will only hurt Kerry more.

[Name removed]

32. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Name removed]

36. Deleted message

Message removed by moderator. Click here to review the message board rules.

[nose pin]

37. Are you calling me a disruptor?

I think there are others who are doing more disrupting than I.

REALLY stepping off now.

See you later.

[Bridget Burke]

28. We all have links!

We've all read books. And articles. And we've watched TV & listened to radio.

We're all very selfish.

[Name removed]

31. Deleted message

Message removed by moderator. Click here to review the message board rules.

[nose pin]

35. I'm trying to have a discussion

And you and others are personally attacking me.

Nice.

I'll step off now.

[Hubert Flottz]

38. Attack you???

I was trying my best to be friends! I kinda took to ya right off!

[Name removed]

44. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Bandit]

46. Any CIC that really was one but we're talking about Bush*

He does not know the meaning of the word work. Watch his swing.

[KittyWampus]

53. What About VICE President? He's President of the Senate.

[radwriter0555]

4. Then by the same token WE THE PEOPLE can protest BUSH'S prolonged absence

from the White House and his duties there, while HE campaigns.

What say you?

[asthmaticeog]

13. Not to mention

his record breaking amounts of vacation time. Like for example the entire month before 9/11.

[merh]

41. Our his campaigning in front of a captive audience . . .

that is publicized far and wide as encouraging the troops. PLEEEAASEE Wonder how many had a choice about being there to listen to his dribble!

[nose pin]

5. Hopefully Kerry and Reynolds were meeting

to arrange repayment and proper deductions from his check to come into compliance with the law. The guy does have a point. Previous non-enforcement of a law is no excuse, and most taxpayers would want this law enforced for all representatives and senators.

Nip it in the bud.

[Scooter24]

8. The only thing about his complaint..

is that he is singling out the Democrats. He forgot the Vice Presidet Cheney has to sign off on his pay. They say Kerry missed 65% of his votes last year, but Cheney still approved his full salary. But obviously, no mention of that...

[nose pin]

9. As a taxpayer

I'd like to see every elected official who falls under this law comply. Enough of the gravy train.

In Kerry's case, he's running for President. He needs to stay above and beyond reproach. He should voluntarily comply, thus forcing everyone else to comply too.

This could end up being a win for Kerry.

[kimchi]

52. Your profile says you live in Canada.

If so, you don't pay taxes here.

[molly]

47. When will * meet with the Murikan people to pay us back

for getting us trillions in debt based on LIES?

[LittleApple81]

6. Talon news.... puke! Repug rag! Hannity, Coulter, Ingraham pictures!!!!

They have a banner at the top with pictures of Hannity's, Coulter's, and Laura Ingraham... I could not read because those images were too much... and they recycle......

[AlCzervik]

7. Talon news?

i'mm believe it when i see it on a real wire service. I hope this same rightwing "News" org is keeping tabs on how much jet fuel Dim-son has burned up in his reselection effort.

[fob]

14. Isn't that the outfit that has the freeper reporter that gets a WH

press pass and asks the sweetest, ass-kissyist questions to snott mctellin' so he can take a break from real questions during PC's?

[AlCzervik]

15. yes, talon news is

"Wholly without merit"

[Peak_Oil]

10. You know, if he's required to not get paid when he doesn't work...

then he shouldn't take the money. Apologize, refund, and get the fuck back on the trail. Please do not suggest he hide this.

[Scooter24]

18. I don't argue the law as it is

just the wording of the complaint. It reported Kerry as someone who knowingly and illegally accepting his salary. The same salary that his bosses approve he should recieve. I don't think blame should even be in Kerry's corner. Yes, this could be turned into a positive issue, but what I fear is that if he does return his salary, that the GOP-led Government from MA will increase pressure to have him resign. It'll be a non-issue come November :D but its something the party doesn't need to deal with. I don't recall Texas urging Bush to repay his salary for campaigning. I don't like this being a one-sided issue. Kerry has to return his pay to campaign, yet Bush doesn't have to? Something isn't right...

[qazplm]

20. Return the money and move on

If he does it now, it dies. If he waits and hopes it goes away, its a slow news period right now, and this is just the kind of thing for the media to latch onto, especially when fueled by the right.

Just pay it, say ok, didn't know the law said that, but since it does, I will comply, and move on.

Takes all the wind out of their sails.

[nose pin]

21. It's an election year

Of COURSE the complaint is politically motivated. But Kerry can turn this into an asset. By complying, he is placing himself below the law instead of above it, like all the other members of Congress.

The result will be that Congress will actually start complying with a law that they passed, and SHOULD have been complying with all along.

It's fiscally, as well as legally, responsible.

[papau]

22. It's GOP Bull - A Pres on VAC "worked as CIC', and so does a Senator

work while away from Washington.

As Talon noted there is a federal statute that requires deductions from Kerry's Senate paycheck for his absences.

What is an "absence" is not clear, is not defined. It is certainly not the fact that Senator chooses to not vote on a given bill.

[AngryAmish]

39. I assume absence will mean missing roll-calls

I learned from that LBJ book that the Senate's Sergeant-at-Arms will come and find you if you are in the Capitol or SOB. It will be a simple matter to prove that Kerry was in the building by checking the roll calls.

This is just typical Freeper bullshit. The roll calls will prove that Kerry was doing the people's business. That is why must fight the Freepers and crush their movement.

[papau]

43. Beyond that - The word "absent" in this law allows for missed votes

and for missed roll calls.

In effect - it has no teeth because, contrary to our far-right friends - the law is not clear and is indeed not enforceable.

[JayS]

19. I'm refusing to say I told you this would happen! :) n/t

n/t

[IkeWarnedUs]

24. 20 posts and no one mentions the obvious . . .

This had Delay's fingerprints all over it. Retaliation for his ethics charges.

[LittleApple81]

29. Also, I thought that when you quoted a freeper site, YOU SHOULD

MAKE IT CLEAR from the start...

[Scooter24]

34. Source isn't in question...

with or without the source, this was an issue that I had questions about and wanted a comment on. The source wasn't meant to be a catalyst for debate.

[THUNDER HANDS]

26. sigh

Another Hofstra idiot makes the news.

:(

[seabeyond]

33. and if george bush spends 80% of his time

campaigning and vacationing, does he too have these restrictions?

[JayS]

45. The more time Bush spends out doing his own business...

...the better off we all are. I say it is money well spent and we should encourage him to spend 100% of his time out choppin' cedar and whatnot. :)

[geek tragedy]

40. Freeper idiocy

1. It says that the SECRETARY OF THE SENATE, not individual senators, shall make this deduction. It imposes no duty on Kerry. Kerry can not be held to have committed an ethics violation because the SECRETARY OF THE SENATE screwed up.

2. Is there any evidence that the Secretary of the Senate hasn't made this deduction?

3. This kind of idiocy reminds me of the "bouncing checks" scandal from a decade or so ago. They should nip it in the bud before the dolts in the mainstream press decide to manufacture outrage with it.

[nose pin]

42. Nip it in the bud

1. Correct, which is why it was probably the Secretary who initiated this meeting, to let Kerry know what was going on.

2. It sounds like the Secretary hasn't been making this deduction for anyone, but you can bet will probably start.

3. Agreed. Settle it quickly. It's something that should have been happening all along.

(syntax edit.)

[redqueen]

50. I don't remember the details of the bounced checks scandal

Would anyone care to please post a brief synopsis?

[redqueen]

48. Forget all the freeptards' calls for Kerry to buckle under

Until all the secret memos they're hiding are made public, I hope Kerry doens't give them more than a passing thought.

What do these sad excuses for humans think of Ashcroft and Hatch conspiring to defraud the AMERICAN PUBLIC that they are supposed to SERVE?!

[LynneSin]

49. I hope they did the same when Jesse Helms was missing...

...for months on end

:mad:

[redqueen]

51. 'course not - Repubs think rules only apply to OTHER people

as evidenced by Ashcroft's refusal to comply with the law and Hatch keeping secrets for the criminal bush gang - to name just two recent examples.