Madam Speaker, tonight I think we need to speak about the partisanship that is not just encountered here in Washington, D.C., not from the people just here in this body, but the partisanship we have seen from a prosecutor down in Austin,…
Madam Speaker, tonight I think we need to speak about the partisanship that is not just encountered here in Washington, D.C., not from the people just here in this body, but the partisanship we have seen from a prosecutor down in Austin, Texas. It is part of a coordinated strategy that those on the other side in this House have. It is a coordinated strategy of character assassination.
A couple of months ago I spoke before the House, and I outlined a few simple things. I said the Democrat leadership has led their party on a campaign against Republicans, against the Republican majority of this House, through a conspiracy of character assassination and misleading attacks.
The U.S. News and World Report wrote back in April: ``Democratic strategists, confident that voters are increasingly fed up with the Republican establishment, are planning an all-out attack on what they call `the abuse of power' by the Republicans.''
I said at the time the liberal magazine, the New Republic, published an article entitled: ``How Democrats can Overthrow the House,'' this House, Madam Speaker, and I quote from that article: ``Democrats should consider fighting back by extra-parliamentary means, going beyond the standard parameters of legislative debate, and attacking Republicans not on issues, but on ethics, character. In other words, it may be time for Democrats to burn down the House in order to save it.''
Those are not my words, Madam Speaker. Those are the words of the liberal New Republic outlining the Democrat strategy to take the majority in this House. ``Burn down the House in order to save it,'' they say.
Well, at the time, a lot of people thought that what I was outlining was something that was far off; that maybe it would not happen; that maybe we would have some high-minded individuals on the other side that would say enough is enough. This is not the right strategy for America; it is not the right type of political discourse we should have in this country. But, no, no, no, we saw this just a week ago with a partisan prosecutor in Austin Texas named Ronnie Earle.
After impaneling seven grand juries, he was able to come up with one charge, conspiracy; conspiracy against our majority leader, our Republican leader in the House. Well, as it turns out, those charges, not only were they false but they also were based on a statute that was not in effect at the time that they claim these events happened.
What we saw was a partisan prosecutor that was so focused on scoring political points that it did not matter what the law said; and so on Monday, he came up with a new charge based on new evidence, he claims. After going through seven grand juries, Madam Speaker, after going through 2 years of investigating our Republican leader, intent on taking him down, they said in 2 days they came up with new information and came up with a new charge.
It is an amazing thing that has happened. The American people have heard it before by watching the TV. They know the details of this.
But I want to outline what a former U.S. Attorney from the Southern District of New York, Andrew McCarthy, outlined. He said, ``Ronnie Earle, district attorney of Travis County, Texas, has no business wielding the enormous power of prosecution. A matter of national gravity is being pursued with shocking ethical bankruptcy by the district attorney, by Ronnie Earle. If Congressman DeLay did something illegal, he, like anyone else, should be called into account. But he, like anyone else, is entitled to procedural fairness, including a prosecutor who not only is, but also appears to be, fair and impartial.''
Those are the words of a former U.S. Attorney. Madam Speaker, I will enter this into the Record.
Madam Speaker, also McCarthy adds, ``Ronnie Earle is a disgrace to his profession and has done grievous disservice to thousands of Federal, State and local government attorneys, prosecutors of all persuasions whose common bond is a good-faith commitment to the rules, but who will now bear the burden of suspicions fostered by Earle's excesses.''
Madam Speaker, you may say that is just a columnist talking. But what does the liberal Austin American Statesman say? It says: ``Ronnie Earle has created a circus-like investigation alleging Republican campaign funding illegalities, but he has not proven it.''
Madam Speaker, we see the Democrats' agenda is to burn down this House by attacking our leaders on baseless accusations, and they will stop at nothing until they bring down our majority.
Madam Speaker, I include for the Record the article by Andrew C. McCarthy:
Ronnie Earle Should Not Be a Prosecutor
(By Andrew C. McCarthy)
If there is one thing liberals and conservatives ought to
be able to agree on, it is this: Ronnie Earle, district
attorney of Travis County, Texas, has no business wielding
the enormous powers of prosecution.
I don't know Congressman Tom DeLay, the House Majority
Leader. I certainly don't know if he's done anything illegal,
let alone something so illegal as to warrant indictment. It
doesn't look like it--and at least one grand jury has already
refused to indict him (a fact Earle appears to have tried to
conceal from the public as he scrambled to find a new grand
jury that would). Yet experience shows it is foolhardy for
those who don't know all the facts to hazard a judgment about
such things.
One thing is sure, though, and it ought to make anyone who
cares about basic fairness angry. The investigation of DeLay,
a matter of national gravity is being pursued with shocking
ethical bankruptcy by the district attorney--by Ronnie Earle.
For nearly 20 years, I had the privilege of being a
prosecutor in the best law-enforcement office in the United
States, the U.S. Attorney's Office for the Southern District
of New York. Being a prosecutor is the world's greatest job
because it is honest work for the highest cause--service to
one's own community. And it is work that has precious little
to do with politics.
In their private lives, many of my fellow government
lawyers were political independents, either by design (i.e.,
out of a conscious rectitude holding that law enforcement
should be above politics) or because they were just
apolitical. Most, as one would expect in New York, were
Democrats. A large percentage, as, again, one would expect
from a group of mostly young people educated in top schools,
was proudly liberal. Over coffee or lunch, or dinner, they
and we few, hardy conservatives would have spirited debates
over all manner of issues.
In the four corners of a case, however, none of that
mattered a wit. Within those four corners, there were rules
and responsibilities. There was recognition that prosecutors
have breathtaking power over the lives of those they
investigate. Power inarguably vital to the rule of law. But
power which, if used recklessly or maliciously, can leave
lives in tatters. The lives not only of the innocent and the
guilty, but of the justice system itself.
This was especially so in investigations of political
corruption. We prosecuted Republicans and Democrats, in about
equal measure. The cases were hard, but checking your
politics at the door was never hard, for at least two
reasons.
First, there tends to be nothing ideological about the
crimes committed by politicians. They are a stew of
pettiness, greed and above-it-all arrogance over which
neither party has a monopoly, and the offensiveness of which
cuts across philosophical divides.
Second, some wrongs are simply not intended to be crimes.
Among them are political wrongs: sleazy abuses of power,
cronyism, most acts of nepotism, half-truths or outright lies
in campaigns, etc. In a free society, these get sorted out in
our bumptious political system. Usually, absent shades of
financial fraud, bribery, and extortion, prosecutors should
stay their hands. There are too many real crimes to waste
resources on that sort of thing. More significantly, the risk
of criminalizing politics would only discourage honest
citizens from participating in matters of public concern.
The code prosecutors live by is not a liberal or
conservative one. It is a code of ethics--of nonpartisan,
non-ideological honor. Of course many prosecutors are
ambitious. Of course prosecutors want to win. But even the
ambitious ones who care a bit too much about winning quickly
learn that success is intimately tied to doing things the
right way. And not least because that is the norm their
colleagues follow--as well as the standard by which the
defense bar and the judiciary (populated by no small
percentage of former prosecutors) scrutinize them. It is,
moreover, the standard the public demands they meet.
People want to see the guilty convicted, but they also want
to feel good about the way it is done. The prosecutor is the
public's lawyer, and his duty is not merely to get the job
done but to get it done right. The second part is just as
crucial as the first. They are equal parts of doing justice.
No one expects perfection, which is unattainable in any human
endeavor. But if the outcomes of the justice system are to be
regarded as legitimate, as befitting a decent society, people
have to be confident that if they stood accused, the
prosecutor would enforce their rights and make sure they got
a fair fight.
So there are certain things that are just flat-out
verboten. Most basic are these: to resist public comment
about non-public, investigative information; to abjure any
personal stake in the litigation that could suggest decisions
regarding the public interest are being made to suit the
prosecutor's private interests; and--if all that is not
Sesame Street simple enough--to remain above any financial or
political entanglement that could render one's objectivity
and judgment suspect.
In the profession, these things come under the hoary rubric
of ``avoiding the appearance of impropriety.'' In layman's
terms, they are about having an I.Q. high enough that you
know to put your socks on before your shoes. This is bedrock
stuff. It is central to the presumption of innocence, due
process, and equal protection under the law that prosecutors
owe even the most despicable offenders. It is foundational to
the integrity of the system on which rest our security, our
economy, and our freedoms.
And Ronnie Earle has flouted it in embarrassing, mind-
numbingly brazen ways.
As Byron York has been reporting on NRO (see here, here,
and here), Earle has partnered up with producers making a
movie, called The Big Buy, about his Ahab's pursuit of DeLay.
A movie about a real investigation? Giving filmmakers access
to investigative information while a secret grand-jury probe
is underway? Allowing them to know who is being investigated
and why? To view proposed indictments even before the grand
jury does? Allowing them into the sanctuary of the grand jury
room, and actually to film grand jurors themselves? Creating
a powerful incentive--in conflict with the duty of
evenhandedness--to bring charges on flimsy evidence? For a
prosecutor, these aren't just major lapses. They are firing
offenses. For prosecutors such as those I worked with over
the years, from across the political spectrum, I daresay
they'd be thought firing-squad offenses.
Attending partisan fundraisers in order to speak openly
about an ongoing grand jury investigation against an
uncharged public official. As a moneymaking vehicle.
Penning a nakedly partisan op-ed (in the New York Times on
November 23, 2004) about the political fallout of his grand-
jury investigation of Delay, then uncharged.
Settling cases by squeezing businesses to make hefty
financial contributions to pet personal causes in exchange
for exercising the public's power to dismiss charges.
Secretly shopping for new grand juries when, despite the
incalculable advantages the prosecution has in that forum,
the earlier grand jurors have found the case too weak to
indict.
Ignoring the commission by members of his own party of the
same conduct that he seeks to brand felonious when engaged in
by members of the other party.
Such actions and tactics are reprehensible. They constitute
inexcusably dishonorable behavior on the part of a public
servant, regardless of whether the persons and entities
investigated were in the wrong. They warrant universal
censure.
If Congressman DeLay did something illegal, he, like anyone
else, should be called to account. But he, like anyone else,
is entitled to procedural fairness, including a prosecutor
who not only is, but also appears to be, fair and impartial.
Ronnie Earle is not that prosecutor. He has disgraced his
profession, and done grievous disservice to thousands of
Federal, State, and local government attorneys. Prosecutors
of all persuasions whose common bond is a good faith
commitment to the rules--but who will now bear the burden of
suspicions fostered by Earle's excesses.
The burden, but not the cost. That will be borne by the
public.