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Tag: national party leaders

  • Political Accountability Isn’t Dead Yet

    Political Accountability Isn’t Dead Yet

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    On September 22, when federal prosecutors accused Senator Robert Menendez of taking hundreds of thousands of dollars in bribes, Representative Andy Kim, a fellow New Jersey Democrat, asked one of his neighbors what he thought of the charges. “That’s Jersey,” the man replied.

    The neighbor’s shrug spoke volumes about not only a state with a sordid history of political corruption but also a country that seemed to have grown inured to scandal. In nearby New York, George Santos had settled into his Republican House seat despite having been indicted on more than a dozen counts of fraud and having acknowledged that the story he’d used to woo voters was almost entirely fiction. Criminal indictments have done nothing to dent Republican support for Donald Trump, who is currently the front-runner for both the GOP nomination and the presidency next year.

    It turns out, however, that the supposedly cynical citizens of New Jersey did care that their senior senator was allegedly on the take. In the days after the indictment was unsealed, multiple polls found that Menendez’s approval rating had plummeted to just 8 percent. New Jersey’s Democratic governor, Phil Murphy, and its other Democratic senator, Cory Booker, both called on Menendez to quit. All but three of the nine Democrats in New Jersey’s House delegation have urged the senator to resign, and one of them is his own son.

    Menendez has pleaded not guilty to the charges and rejected calls to resign. A son of Cuban immigrants, he has denounced the case against him as a racially motivated persecution. But his days in the Senate are almost certainly numbered, whether he leaves of his own accord or voters usher him out. Kim has announced that he will challenge Menendez next year, and so has Tammy Murphy, New Jersey’s first lady. Menendez’s trial is scheduled for May, just one month before the primary. Early polls show Menendez barely registering support among Democrats.

    “I hit a breaking point,” Kim told me, explaining his decision to run. “I think a lot of people hit a breaking point, where they’re just like, ‘We’re done with this now.’”

    Accountability has come more swiftly for Santos. National party leaders had largely protected him—Speaker Kevin McCarthy and his successor, Mike Johnson, both needed Santos’s vote in the GOP’s tight House majority. But a damning report from the bipartisan House Ethics Committee proved to be his undoing: Earlier this month, Santos became just the sixth lawmaker in American history to be expelled from the House.

    The government’s case against Menendez could still fall apart; he’s beaten charges of corruption before. But the public can hold its elected officials to a higher standard than a jury would. If the appearance (and, in this case, reappearance) of impropriety can cause voters to lose faith in the system, the events of the past few months might go some way toward restoring it. That both Menendez and Santos have suffered consequences for their alleged misdeeds offers some reassurance to ethics watchdogs who have seen Trump survive scandal after scandal, and indictment after indictment. “You can’t get away with anything. There are still some guardrails,” Noah Bookbinder, the president of Citizens for Responsibility and Ethics in Washington, told me.

    Yet Trump’s enduring impact on political accountability remains an open question. Has he lowered the standards for everyone, or do the laws of political gravity still apply to ethically compromised lawmakers not named Trump? “Donald Trump is a unique animal,” Lisa Gilbert, the executive vice president of the Washington-based nonprofit Public Citizen, told me. “He has built a cultlike following and surrounded himself with people who believe that no matter what he does, he is in the right.” Few politicians could ever hope to build such a buffer.

    Trump hasn’t evaded accountability entirely: The ethical norms he shattered while in office likely contributed to his defeat in 2020. And although he’s leading in the polls, one or more convictions next year could weaken his bid and demonstrate that the systems meant to hold American leaders in check function even against politicians who have used their popularity to insulate themselves from culpability. “He is being charged,” Gilbert said. “There are accountability mechanisms that are moving in spite of that apparatus. And to me, that’s a sign that eventually the rule of law will prevail.”

    At the same time, the Menendez and Santos examples provide only so much comfort for ethics watchdogs. The allegations against both politicians were particularly egregious. The phrase lining his pockets is usually metaphorical, but in addition to gold bars, the FBI found envelopes of cash in the pockets of suit jackets emblazoned with Menendez’s name in his closet.

    The earlier allegations Menendez faced were almost as lurid; prosecutors said he had accepted nearly $1 million in gifts from a Florida ophthalmologist, including private flights and lavish Caribbean vacations, in exchange for helping the doctor secure contracts and visas for his girlfriends. A 2018 trial ended in a hung jury, and the Department of Justice subsequently dropped the case.

    Santos was caught lying about virtually his entire life—his religion, where he had gone to school, where he worked—and then was accused of using his campaign coffers as a personal piggy bank, spending the money on Botox and the website OnlyFans.

    Some of the charges against Trump, such as falsifying business records and mishandling classified documents, involve more complicated questions of law. “A lot of the Trump scandals that he’s been indicted for may sort of be beyond the grasp of the average voter,” says Tom Jensen, the director of the Democratic firm Public Policy Polling, which conducted one of the surveys finding that Menendez’s approval rating had sunk after the indictment. “Gold bars are not beyond the grasp of the average voter. Voters get gold bars, and when it’s something that’s so easy for voters to understand, you’re a lot more likely to see this sort of precipitous decline.”

    Jensen told me that in his 16 years as a pollster, he had seen only two other examples where public support dropped so dramatically after the eruption of scandal. One was Rod Blagojevich, the former Democratic governor of Illinois who was convicted of attempting to sell the Senate seat that Barack Obama vacated when he became president in 2009. The other was John Edwards, who, after running for president as a Democrat in 2008, admitted to having an affair while his wife, Elizabeth, was battling a recurrence of breast cancer. (He would later admit to fathering a child with his mistress, and face charges that he illegally used campaign funds to hide the affair; Edwards was found not guilty on the one count on which the jury reached a verdict.)

    The Trump era has revealed an asymmetry in how the parties respond to scandal. Republicans have overlooked or justified all sorts of behavior that would have doomed most other politicians, including multiple allegations of sexual assault (such as those that Trump essentially admitted to in the infamous Access Hollywood video made public in 2016). Although Santos was expelled by a Republican-controlled House, Democrats provided the bulk of the votes to oust him, while a majority of GOP lawmakers voted against expulsion. Democrats were quick to pressure Senator Al Franken to resign in 2018 after several women accused him of touching them inappropriately. (Some Democrats later regretted that they had pushed Franken out so fast.) The party also forced a defiant New York Governor Andrew Cuomo to step down in 2021 amid multiple allegations of misconduct and harassment.

    Trump’s gut-it-out strategy seems to have inspired politicians in both parties to resist demands to resign and to bet that the public’s short attention span will allow them to weather just about any controversy. Gone are the days when a scandalized politician would quit at the first sign of embarrassment, as New York Governor Eliot Spitzer did in 2008, less than 48 hours after the revelation that he had patronized high-end prostitutes. Virginia Governor Ralph Northam was able to serve out his full term despite losing the support of virtually the entire Democratic Party in 2019 after photos surfaced of him dressed in racist costumes in a medical-school yearbook. Cuomo defied calls to resign for months, and Santos forced the House to expel him rather than quit. Menendez has similarly rebuffed the many longtime colleagues who have urged him to leave.

    Shame may have left politics in the Trump era, but consequences haven’t—at least in the cases of Menendez and Santos. “Maybe these can be first steps,” Bookbinder told me, sounding a note of cautious optimism. “If you say nothing matters, then really nothing will matter. I hope we can go back to the place where people do feel like they owe it to their constituents to behave in an ethical and legal way.”

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    Russell Berman

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  • Why Kevin McCarthy Can’t Lose George Santos

    Why Kevin McCarthy Can’t Lose George Santos

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    The Republican Party has had no better friend than Nassau County in the past few years.

    Of America’s largest counties, few have turned more sharply toward the GOP than New York City’s neighbor to the east. This collection of Long Island suburbs swept Democrats out of local office in 2021, and last fall, Nassau County voted resoundingly Republican in New York’s gubernatorial race. Most important for the national GOP, the county helped elect three Republicans to Congress, including two candidates who flipped Democratic seats in districts that President Joe Biden had carried in 2020.

    Representative George Santos was one of those recent winners, and now Nassau County Republicans are worried that his abrupt fall from grace will cost the GOP far more than the seat that his lies helped the party pick up in November. They want Santos to step down, even though that means his seat would be vacant until a special election later this year, which the Democrats would aggressively contest. Local Republicans are flummoxed that national party leaders, starting with House Speaker Kevin McCarthy, haven’t joined their united call for Santos to resign. And they see McCarthy’s continued tolerance of Santos as an attempt to hold on to a Republican vote in the near term without enough consideration for whether he’d lose it—and cause Republicans to lose many others—in the longer term.

    “It’s the right thing to do morally, ethically, and politically,” former Representative Peter King, a Long Island Republican who represented the district next to Santos’s in the House for 28 years, told me about trying to oust Santos. “If you want to keep controlling the Congress, you can’t just have the short-sighted view that you need his vote next week or next month. You’re gonna lose all the votes in two years when you’re no longer in the majority.”

    With 2024 in mind, and as the list of Santos’s biographical fabrications grows (seemingly by the day), Nassau County’s GOP machine has treated the congressman-for-now as a boil to be lanced.

    “As far as I’m concerned, he’s nonexistent. I will not deal with him. I will not deal with his office,” Bruce Blakeman, the Republican who was elected Nassau County executive in 2021, told me. Last week, Blakeman joined a group of local GOP leaders, including county Republican Party Chairman Joseph Cairo and Representative Anthony Garbarino, in demanding that Santos resign.

    Yet for the moment, the political imperatives of Long Island Republicans no longer align with those of McCarthy, who plainly cannot afford to lose Santos’s vote with such a narrow margin in the House. Santos backed McCarthy in all 15 ballots for speaker earlier this month, and McCarthy’s allies rewarded him with a pair of committee assignments earlier this week. The new speaker said that Santos has “a long way to go to earn trust” but has made no move to sanction him.

    “The voters of his district have elected him. He is seated. He is part of the Republican conference,” McCarthy told reporters last week.

    Democrats have already filed a complaint about Santos with the House Ethics Committee, and he is under investigation by federal and local prosecutors in New York who are reportedly looking into whether he committed financial crimes or violated federal campaign-disclosure laws.

    Santos has defied calls to resign, and McCarthy might need his vote even more should another House Republican, Representative Greg Steube of Florida, miss an extended period of time after he sustained serious injuries from a 25-foot fall off a ladder earlier this week.

    McCarthy’s office did not respond to requests for comment. The National Republican Congressional Committee, which traditionally backs GOP incumbents, echoed McCarthy’s ambivalence toward Santos. “Voters in New York will have the final say on who represents them,” NRCC spokesperson Jack Pandol told me by email. “Rep. Santos will have to earn back their trust as he serves them in Congress.”

    King and others in Nassau County are trying to impress upon McCarthy that the longer he stands by Santos, the more damage he will do to a Republican brand that has been on the rise. “The only reason Kevin McCarthy has the majority is because of the very close marginal seats that Republicans won in New York,” King said. “We can lose all of them in the next election.”

    Even if McCarthy wanted to force Santos out, however, there’s not much he can do. He could try to expel him, but that would take the support of two-thirds of the House, and members of both parties might be leery of setting precedent by kicking out a member who has not been charged, much less convicted, of a crime. King suggested that McCarthy insist on an expedited investigation by the Ethics Committee—the panel’s probes tend to drag on for months—but there’s little history of that either.

    Election to the House “is an unshakable contract for two years,” Doug Heye, a former House GOP leadership aide who has advised lawmakers ensnarled in ethics investigations, told me. “Unless two-thirds of the House say, ‘Get out of here,’ or you give it up yourself, nothing happens.”

    Santos has almost no incentive to leave of his own accord anytime soon, especially now that Long Island Republicans have all but foreclosed the possibility of his winning renomination to his seat. “He’s not going to have a career. He’s not going to have a public life, and he’s going to be ostracized in his own community,” Blakeman told me. Santos was wealthy enough to lend his campaign $700,000. But his present personal finances are, like so much else about his life, a mystery, so he may need the paychecks that come with a $174,000 annual salary. And his seat could be a crucial bit of leverage in potential negotiations with prosecutors, Heye noted; resigning his seat, in that scenario, could help him avoid other penalties, including prison time.

    As his struggle just to get the speakership demonstrated, McCarthy doesn’t exactly have an ironclad grip on his conference. The Republicans from Nassau County seem to realize that the new speaker has limited sway over Santos. But McCarthy’s decision to protect and even validate Santos’s standing inside Congress is at odds with a party clinging both to its House majority and to its precarious stronghold on Long Island. “I’ve dealt with people with all sorts of issues,” Blakeman told me,” and enabling them is not a good thing.”

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    Russell Berman

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