Congressional Ethics

I am very sorry to announce that Ann McBride, who served in many capacities at Common Cause, including President, passed away on May 5. She was 75 and had been in declining health. Ann is an important part of Common Cause’s history and was a cherished mentor and role-model to me. Ann’s message was clear. Our victories were, she would often say, a message of hope for citizens – a reminder that working together, we all could make a difference in our government and our world.

The Common Cause complaint notes that the criminal code “prohibits anyone in any matter within the jurisdiction of the legislative branch of the federal government from knowingly and willfully: “Falsifying, concealing, or covering up a material fact; making any materially false, fictitious, or fraudulent statement or representation or making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.” Violations of the criminal code specifically include “the procurement of property or services … or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch,” the complaint said.

Today, Common Cause filed complaints with the Department of Justice (DOJ), the U.S. House Committee on House Administration, and the Office of Congressional Ethics against Rep. Matt Gaetz (R-FL) and his landlord and donor Collier Merrill for their failure to disclose their longstanding relationship while seeking the required congressional approval of an office lease. The complaints urge an investigation into whether both men violated the criminal law prohibition on concealment of material facts in filings or statements to the federal government, and whether Rep. Gaetz is violating House gift rules by paying less than market value for his office rent.

On April 22, 2020, Common Cause filed complaints with the Department of Justice (DOJ), the U.S. House Committee on House Administration, and the Office of Congressional Ethics against Rep. Matt Gaetz (R-FL) and his landlord and donor Collier Merrill for their failure to disclose their longstanding relationship while seeking the required congressional approval of an office lease. The complaints urge an investigation into whether both men violated the criminal law prohibition on concealment of material facts in filings or statements to the federal government, and whether Rep. Gaetz is violating House gift rules by paying less than market value for his office rent.

Common Cause legislative affairs director Aaron Scherb said Paul’s failure to quarantine himself potentially endangered the hundreds of individuals he came into contact with in the U.S. Capitol complex in addition to U.S. senators, including janitors, police officers, and food service workers. His use of the Senate gym after its March 19 closure to stop the spread of COVID-19 “calls into question his ability to follow rules,” said Scherb, adding that Paul should have known better because he’s a doctor. “As a U.S. senator, he should certainly set an example for everyone else especially during a pandemic like this,” said Scherb. “I am sure he wouldn’t be the first Senator who has ignored rules. Some of them think they’re invincible.” He said Paul’s diagnosis would likely curtail further use of the Senate gym during the pandemic, and would make the coronavirus issue even more personal for Senate members. “The average age of the U.S. Senate is above 60,” said Scherb. “They are not immune to this.”

Common Cause said the trades by the senators as alleged involved “potentially criminal misconduct.” “These Senators appear to have used classified intelligence briefings as stock tips and sold off significant holdings to avoid losses in the markets,” said Paul Ryan, Common Cause Vice President for Policy and Litigation. “These laws are on the books for a good reason, without them the potential to abuse the power of elected office for personal enrichment would be virtually unlimited.”