There has been much discussion in recent days of Illinois Governor
Rod Blagojevich’s alleged pay-for-play scheme to sell Barack
Obama’s U.S. Senate seat to the highest bidder. Sadly, this
is not much different from the usual political enterprise observed
in Washington and throughout the country — only more blatant and caught
on tape by the FBI.
“In some ways, the only thing Blagojevich did wrong was that
he was stupid enough to say it out loud,” said Meredith McGehee
of the Campaign Legal Center. “For other people, it’s
a wink and a nod. Verbalizing it crosses the line.”
Northwestern University law professor Albert Altschuler says that
if Blagojevich “made a quid pro quo offer for campaign funds,
then he’s guilty of breaking the law. There’s a thin
line. It’s different if he said, ‘If I was in the Senate,
I’d be in a position to raise money for you.’”
It may be legal for those who contribute large amounts of money to
presidential campaigns to be named to ambassadorships and other important
posts, but what exactly is the ethical difference between this and
what the Illinois governor is accused of doing?
The way the game is usually played, a specific quid-pro-quo is not
discussed when campaign money is solicited. This, of course, would
be illegal. But those who contribute funds and those who receive
them understand that what is being purchased is access. The specifics
of what is wanted are discussed later.
Robert S. Bennett, one of Washington’s best-known white-collar
criminal defense lawyers, says that the Blagojevich case raises many
issues about political corruption. “This town is full of
people who call themselves ambassadors and all they did was pay $200,000
or $300,000 to the Republican or Democratic Party,” said Bennett,
referring to a passage in the criminal complaint filed against the
governor suggesting that Blagojevich was interested in an ambassadorial
appointment in return for the Senate seat. “You have to
wonder, how much of this guy’s problem was his language, rather
than what he really did.”
In Washington, politicians regularly receive political contributions
in return for their decisions, whether they involve making appointments
or taking a particular position on a piece of legislation. Lawmakers
regularly vote in favor of bills and steer appropriations backed by
their donors. Why else, after all, would special interests contribute
millions of dollars to politicians? Satirist Mark Russell once
noted that, while we may think there are two parties, Republican and
Democratic, liberal and conservative, in reality there is only one
party, “a fundraising party.”
The incentive structure within Congress is to raise a great deal of
money, even if individual congressman involved in fundraising comes
from a safe seat in a largely one-party district. The
Hill, the
congressional newspaper, reports that, “Every few months the
Democratic National Committee distributes a list to caucus members
showing which members have paid their ‘dues’ -- the money
they’re expected to give to the party — and met their fundraising
goals. The chairmen of ‘exclusive’ committees, like Appropriations
and Ways and Means, are expected to pay $500,000 in dues and raise
at least $l million. Top leaders are expected to pay at least
$800,000 and raise $2.5 million. House Speaker Nancy Pelosi (D-CA)
hit her target of raising $25 million.”
The Republicans are engaged in precisely the same enterprise. According
to The Hill, “One of the more blatant examples was the fundraising
one-upmanship between Republican Reps. Jerry Lewis of California and
Hal Rogers of Kentucky as they vied for the Appropriations chairmanship
in 2004. Traditionally, Rep. Ralph Regula (R-OH), the most senior
candidate, would have been next in line. But he lived up to his
reputation as a lackluster fundraiser.... Rogers stepped up with
a $300,000 check to the Battleground 2004 fundraising program. Then
Lewis strode to the microphone with a check for $600,000. Regula
fumed quietly. Lewis won the chairmanship and is now the ranking
member. Regula is retiring....”
The amount of outright corruption that appears to be permissible
in Congress is formidable. Consider the case of Rep. Charles
Rangel (D-NY), chairman of the House Ways and Means Committee. Among
the most serious revelations are the following:
1. Rangel led a successful congressional effort to protect a tax
break that benefited an oil company after the firm’s chief
executive pledged a $l million contribution to the Rangel Center
at City College of New York.
2. Rangel failed to properly report income he received from a vacation
property in the Dominican Republic.
3. Rangel failed to comply with state law regarding the ownership
of four rent-controlled apartments in New York City.
4. Rangel improperly claimed a tax deduction for a primary residence
in Washington, D.C., despite also claiming his primary residence in
his New York congressional district.
5. Rangel routed $800,000 from his campaign committee treasury to
his son for virtually no work on a website.
Thus far, the House Ethics Committee and the Democratic leadership
in the House have taken no action against Rep. Rangel.
But the line between “illegal” and “unethical” remains
less than clear. Writing in The Nation, Eric Alterman
notes that, “By
some standards — even by some New York standards — the corruption
of Charles Rangel is a minor league affair. After all, New York’s
senior senator, Charles Schumer, bears significant responsibility for
the onset of the financial crisis on Wall Street, owing to his eagerness
to demand weaker and weaker regulation for the people writing the checks
to fund his political ambitions.”
According to The New York Times, Schumer, as a member of the Banking
and Finance Committees, took steps to “protect industry players
from government oversight and tougher rules.... Over the years, he
has also helped save financial institutions billions of dollars in
higher taxes and fees.” These included weakening bank regulations,
undercutting efforts to regulate credit-rating agencies, and interfering
with efforts to force corporations to increase the transparency of
their balance sheets.”
How the case against Governor Blagojevich is finally resolved, and
whether his appointee to the U.S. Senate, Roland Burris, is seated
remain to be seen. What we do know for certain, however, is that
his pay-for-play philosophy remains alive and well in Washington.
The Conservative Curmudgeon archives
The Conservative Curmudgeon is copyright © 2008
2008 by Allan C. Brownfeld and the Fitzgerald
Griffin Foundation.
All rights reserved. Editors may use this column if this copyright information
is included.
Allan C. Brownfeld is the author of five books, the latest of which
is The Revolution Lobby (Council for Inter-American Security). He has
been a staff aide to a U.S. Vice President, Members of Congress, and
the U.S. Senate Internal Subcommittee.
He is associate editor of The Lincoln Reveiw and a contributing
editor to such publications as Human Events,
The St. Croix Review, and The Washington Report on Middle
East Affairs.
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