Most Americans, I’m certain, would say it is highly unethical (and potentially criminal) for a U.S. Senator to cut a deal to help out a convict in exchange for cash and favors, and then lie on official financial disclosure forms to cover up the scandal. But not according to the U.S. Senate Select Committee on Ethics (or the Senate Ethics Committee, as it is commonly known).
On December 20, 2010, the Committee mailed us a letter dismissing a Judicial Watch ethics complaint filed against outgoing Senator Christopher Dodd (D-CT). (Our “efficient” government postal service took seven days to deliver the first-class letter sent from eight blocks away!) Our complaint alleges Dodd assisted a longtime friend and associate to obtain a reduced sentence and ultimately a full presidential pardon from President Clinton for tax and securities crimes, in exchange for gifts, including a sweetheart mortgage deal that he failed to properly disclose on his Senate Financial Disclosure forms.
Here’s an excerpt from the Senate Ethics Committee’s one-page response, signed by John C. Sussman, the Chief Counsel and Staff Director:
The Committee has carefully evaluated the allegations and information in your complaint. … After considering all of the information before it, the Committee has determined that there is not sufficient substantial credible evidence of improper conduct or violation within its jurisdiction to warrant further action by the Committee.
And what is the Senate Ethics Committee’s jurisdiction?
“To receive complaints and investigate allegations of improper conduct which may reflect upon the Senate, violations of law, violations of the Senate Code of Official Conduct, and violations of rules and regulations of the Senate…”
Let’s review the evidence and see if you come to a different conclusion than the Senate Ethics Committee. Here’s a squib from our complaint, filed on April 24, 2009, which gives you a general sense of the principal allegations:
This complaint concerns recent media reports alleging Senator Christopher Dodd used his position and influence as a United States Senator to intervene on behalf of his longtime friend and business associate, Edward Downe, Jr. Senator Dodd is then alleged to have benefited financially as a result of his intervention, and failed to disclose the financial benefits by filing inaccurate Senate Financial Disclosure Statements from 2002 through at least 2007.
And here are the facts:
Senator Dodd appeared at a hearing on behalf of Edward Downe, Jr. in 1993 to help Downe obtain a reduced sentence for violations involving tax and securities laws. In 2001, Dodd ultimately helped Downe secure a full presidential pardon for his crimes on President Clinton’s last day in office, bypassing the normal pardon vetting process.
In 2002, Dodd allegedly received a significantly reduced, below-market sales price, for a two-thirds interest in a property located in County Galway, Ireland, from Downe’s associate William Kessinger. (Dodd already owned a one-third interest in the property.) Downe’s signature appears on the property transfer documents. He is listed as a witness.
According to Judicial Watch’s complaint, Senator Dodd, Chairman of the Senate Banking, Housing and Urban Affairs Committee, allegedly failed to report the gift in 2002 and may have filed inaccurate Senate Financial Disclosure forms related to the property in subsequent years in violation of the 1978 Ethics in Government Act. The penalty for filing false financial disclosure forms is $50,000 and up to one year in prison. Dodd received no punishment. (After Judicial Watch filed its Senate Ethics complaint, Dodd did amend his Senate financial disclosure forms. However, the property may yet remain undervalued.)
The Senate Ethics Committee can ignore them, and they have chosen to do just that, but the facts are the facts. Dodd helped out a crooked friend, received a cut-rate real estate deal on a property in Ireland in exchange, and then lied on his financial disclosure forms to cover it all up. This type of behavior is potentially criminal and certainly unethical, and it is shameful the Senate Ethics Committee failed to take this matter seriously. Dodd supposedly supplied the Committee some documents in his defense, which neither we nor the American people will ever see.
The Senate Ethics Committee sat on our complaint for nearly two years, and then dismissed it out-of-hand days before Dodd’s Senate career ends. Even in corrupt Washington, the Ethics Committee’s despicable handling of the Dodd matter is about as bad it gets. No wonder Congress’s approval rating is just 13%, an all-time low.
The Senate Ethics Committee is made up of an equal number of Democrats and Republicans. Its current members are Barbara Boxer (D-CA), Chairman; Johnny Isakson (R-GA), Vice Chairman; Mark L. Pryor (D-AR); Sherrod Brown (D-OH); Pat Roberts (R-KS); and James E. Risch (R-ID). You can see that cover-up and lack of accountability have supporters from both political parties.
Of course, as most of you know, this is not the only sweetheart mortgage deal involving Dodd. In 2008, the Connecticut Democrat came under fire for receiving preferential loan terms from Countrywide Financial as a member of the company’s “VIP Program.”
Ethics Committee Chair Barbara Boxer just made Judicial Watch’s 2010 list of Washington’s “Ten Most Wanted Corrupt Politicians” for her conflicted handling of the Countrywide scandal. We should not be all that surprised that her Ethics Committee has decided to take a pass on this egregious scandal.
Chris Dodd, crowing over his colleagues’ retirement present, falsely claimed this week that our complaint was “baseless” and “politically-motivated.” Our “baseless” complaint caused Dodd to amend his disclosure forms and the stench of corruption forced him into retirement.
It is the tired defense of politicians, especially Dodd, to cry “politics” whenever someone calls them out for ethical transgressions and corruption.
I predict history will be unkind to the retiring Senator from Connecticut.
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