It would be foolish and naive to presume that all of even the best progressive members of Congress are above the temptations of corruption. Many a seeming political hero has proved flawed or worse. But it also would be foolish and naive to presume guilt when official charges of corruption are made. It also would be outside the spirit of our judicial system, which presumes innocence unless guilt is proven.
The political play of the ethics charges against Representatives Maxine Waters and Charles Rangel has been both obvious and not. The Republicans and the traditional media are promoting their usual false framing, but there's also something disturbing about the Democratic framing. Both of these need to be brought more to light.
The easiest and most simple-minded approach to the charges against Rangel and Waters is to suggest that they say something larger about the ethics of the Democratic Party. And never mind that neither Rangel nor Waters has been convicted of anything. But the right wing would like people to believe that these charges indicate that the Democratic Party is rife with corruption. And for those reporters who prefer to keep things simple and partisan, that's the angle to report.
David M. Herszenhorn and Carl Hulse of the New York Times:
By defiantly pushing for full-fledged ethics trials, Representatives Charles B. Rangel and Maxine Waters are raising the prospect of a spectacle focusing on Congressional corruption this fall, just as Democrats are fighting to hold on to their majority in an election already defined by distrust of Washington.
In some ways, that's as simple as it gets. Two powerful Democrats are accused of ethics violations, and that could taint the entire Democratic Party. But there's also something insidious, right in the lede. Defiantly pushing for full-fledged ethics trials? Wanting a chance to prove their innocence is defiant? Because they are accused, they should just go away?
The trials threaten to tarnish Democrats as they try to turn the midterm elections into a choice between keeping them in power or returning to Bush-era policies.
Even if Rangel and Waters are every bit as guilty as they are accused of being, how would that tarnish the Democrats, as a whole? Two Democrats out of more than 250? Two Democrats whose alleged violations aren't even related? Herszenhorn and Hulse seem to have a problem with credibility, but does that mean that the entire staff of the New York Times is tarnished? Eric Lipton and Eric Lichtblau might object to such a suggestion, because they also work for the Times but take a more thoughtful approach.
The charges reflect, in part, a heightened sensitivity in Washington to indiscretions by members of Congress. The House ethics committee, which has brought the charges, has come under fire for failing to hold lawmakers accountable in previous investigations.
In other words, these investigations might actually indicate something positive.
“This wave of activity will remind members and staff that this is an era of more vigilance and scrutiny and they need to be much more careful about what they do,” said Abbe D. Lowell, a Washington defense lawyer who has handled a number of ethics inquiries. “The public’s low esteem for Congress and the appearance of inappropriate conduct in general have to be confronted and dealt with.”
This sounds like a good thing, not a bad thing, which would seem to reflect well on the Democrats: they're actually pursuing ethics investigations.
Meanwhile, at NPR, Liz Halloran also suggests that these charges could taint the Democrats, but she also touches on a deeper issue.
Going into what had already been shaping up as a challenging mid-term election for Democrats, the party will now have two of its most prominent House members — both African-Americans — facing public ethics trials.
Why mention that both Rangel and Waters are African-American? Is there a significance?
Furious behind-the-scenes negotiations designed to encourage Rangel and Waters to settle their cases before public trials have not only met with vigorous resistance so far, but prompted whispers that race has played a role in the targeting of the two legislators.
Interesting that they're being pressured to settle without having the Congressional version of their days in court. Because some Democrats apparently also fear a displaced backlash against the party over possible violations made by less than one percent of its House membership. But those whispers also bear exploring.
And the Democratic House members most at risk of losing their seats in the fall? They are members of the party's Blue Dog coalition, a group of moderate-to-conservative House Democrats — many of whom come from swing or GOP districts, and have not backed the party's overall agenda, including legislation championed by the Congressional Black Caucus.
Curiouser and curiouser. These trials supposedly could hurt the conservative Blue Dogs, who already were at odds with their black colleagues, but rather than point out the absurdity of such, some members of the party think the accused should just go quietly. The black accused. To protect their conservative colleagues, with whom they have had substantive disagreements. And who supposedly could be tainted by these trials that have nothing at all to do with them. And who, perhaps coincidentally, just happen to be white. These arguments lack the key ingredient of logic.
To her credit, Halloran does mention that some other House members are having their own ethical issues, from two House members who already resigned, to Republican Senator John Ensign's steady unraveling. But Halloran again returns to the theme that Democrats could be hurt, particularly because Speaker Nancy Pelosi campaigned on a vow to crack down on corruption. She quotes Darrell West, of what she describes as the "liberal-leaning" Brookings Institute.
"This is lose-lose for Democrats," West says. "There is no way Democrats can spin this."
No way to spin this? How about just telling the truth? Here's a possible angle: Speaker Pelosi vowed to crack down on corruption, and pursuing ethics investigations of two prominent Democrats indicates that she meant it. Is that spin? Rather than covering up a possible scandal, which was how Republicans dealt with allegations of corruption when they were in the majority, full investigations are being pursued. Was that so difficult?
Another Times writer, Bernie Becker, actually decided to pursue that angle.
In an appearance on MSNBC, Representative Chris Van Hollen, the chairman of the Democratic Congressional Campaign Committee, said that the accusations against the two veteran Democrats illustrate that the party has strengthened the ethics process since taking control of the House.
“The reason people are hearing about the cases of Charlie Rangel and Maxine Waters is because we put in place accountability measures to make sure that we have high standards and that people are held accountable to those standards,” the Maryland Democrat said.
Mr. Van Hollen also made the case that beefing up the ethics process did not mean individual members won’t trip up from time to time – echoing a thought that has also been voiced by House Speaker Nancy Pelosi and other top House Democrats.
And Joe Conason weighed in:
According to conventional media wisdom -- always heavily influenced by Republican noisemakers -- the Democrats should expect to suffer because two powerful committee chairs from their party are undergoing ethics investigations. But why should Speaker Nancy Pelosi and the Democrats take the blame when they brought reform that led to those investigations, regardless of the political consequences?
Yet, having thrown out the bums who tolerated corruption for so long under Republican leadership, the public is supposedly itching to throw out their replacements, who have reformed the House rules, created a new Office of Congressional Ethics, and handled every case impartially, as promised when the Democrats took over in January 2007. Voters have plenty of reasons to feel frustrated and angry this year, but ethics reform is not among them.
And it would be great if the story could end there. But it can't. While Democrats do deserve credit for taking ethics charges seriously, and while the Republican approach was to cover their tracks, it's also possible that the Democrats are trying too hard to prove their seriousness about pursuing ethics charges.
Back to Herszenhorn and Hulse:
The trials would also stand to remind voters that Democrats, who in recent years extended their reach into the traditionally Republican turf of the rural West and South, are still anchored by an urban, liberal base and led by entrenched veteran lawmakers from big cities.
Urban. Liberal. From big cities. What ever could they be implying?
And the cases could feed racial strains both inside the Democratic caucus, where black members are asking why so many investigations seem to be aimed at them, and out among voters, especially in rural and white districts where many conservative Democrats face tight races.
And perhaps the reporting could feed those racial strains, too. This is being framed as urban black liberal Democrats possibly hurting rural white conservative Democrats, which brings us to the worst part of the story.
As Deoliver47 pointed out, earlier this week, Rep. Waters was born far from privilege, and worked her way up to a long, distinguished career as a champion of causes that could be labeled as liberal, but just as accurately could be labeled as fundamentally protective of people. She's one of those Democrats that conservatives love to hate, and even the most generous rationale would be that it's because she works on behalf of the vulnerable and the dispossessed, and is courageously outspoken when others are silent. And as Earl Ofari Hutchinson and others have pointed out, there are serious questions about the charges against Waters, including the timing of their becoming a major news story.
Hutchinson:
It's no accident that Waters has been dumped on the political hot seat three months before the 2010 mid-term elections. House Democrats are scared stiff that the GOP will erase their majority. What better way to prove that they can police their own, and make good on Pelosi's oft quoted vow to cleanse the swamp in Congress than to make sacrificial lambs out of a handful of wayward Democrats. And chose those who are the most identifiable, outspoken, and vulnerable, and that's African-American Democrats. The choice of Waters and Rangel has little to do with the actual charges and their alleged transgressions, or even whether they have merit or not. It's politics, pure and simple.
The list of white Republicans and Democrats that engage in influence peddling, conflict of interest, bed ties with lobbyists, nepotism, commit campaign financial violations and improprieties, would fill up a small telephone directory. There are occasions when a few of them get hand slap punishments for their sins. Almost always when they are so over the top they can't be ignored. But black politicians that are accused of wrongdoing, or actually do wrong, are called on the carpet far out of proportion to their numbers.
Hutchinson provides numbers to back this claim, then concludes by returning to the political play of the Democrats: That they are, indeed, taking ethics seriously:
Pelosi and the Democrats should hold to that high standard. But they should hold to it with all Democrats.
And they should not be playing politics with people's reputations. They should not be playing into what some in the traditional media and many in the Republican Party would like to see as a developing schism between black urban and white rural Democrats. The Republicans and their media enablers are framing this as simplistically as possible: These accusations hint that the entire Democratic Party is corrupt. The Democrats are framing it as proof that they will crack down on corruption, even among their own. But lest innocents be framed, it would be best that no one rush to judgment. It would be best that Rangel and Waters not be pressured into falling on their swords.
If justice truly is to be served, Rangel and Waters should be encouraged to have their say, and have those Congressional versions of their days in court. Let them have their opportunities to prove that they are innocent. Let their accusers have their chance to prove the opposite. Perhaps they both really do have serious ethical problems. Perhaps one does and the other doesn't. Perhaps neither does. But let the process unfold, and let Democratic leaders be unafraid of the process and its consequences. Fair trials mean fair justice. And for fair justice Democrats should stand. Cracking down on corruption doesn't mean making examples of people, it means making an example of how the process should work.