[Congressional Record Volume 166, Number 136 (Friday, July 31, 2020)]
[House]
[Pages H4194-H4197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IN THE MATTER OF REPRESENTATIVE DAVID SCHWEIKERT OF ARIZONA
Mr. DEUTCH. Madam Speaker, by direction of the Committee on Ethics, I
offer a privileged resolution (H. Res. 1074) in the matter of
Representative David Schweikert, and ask for its immediate
consideration.
The Clerk read the resolution, as follows:
[[Page H4195]]
H. Res. 1074
Resolved, (1) That the House adopt the Report of the
Committee on Ethics dated July 30, 2020, In the Matter of
Allegations Relating to Representative David Schweikert.
The SPEAKER pro tempore. The gentleman from Florida is recognized for
1 hour.
{time} 0915
Mr. DEUTCH. Madam Speaker, I yield an equal amount of time to the
gentleman from Texas (Mr. Marchant), the ranking member of the
Committee on Ethics, for purposes of debate only, and I ask unanimous
consent that he be permitted to control that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. DEUTCH. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, as chairman of the Committee on Ethics, I rise in
support of a resolution for Representative David Schweikert of Arizona
to be reprimanded by the House of Representatives.
One of our most basic obligations as Members of Congress is to adhere
to the principle that public office is a public trust. To uphold that
trust and to maintain civic confidence in the integrity of this body,
we, as Members, have bound ourselves by certain standards of official
conduct.
Our Constitution vests the House with the responsibility for self-
discipline and self-accountability to those ethical standards. The
Committee on Ethics, whose membership is evenly divided between
Republicans and Democrats and whose work is supported by nonpartisan
staff, is charged with: enforcing the laws and rules governing our
official conduct; investigating allegations that those laws and rules
have been violated; and, where appropriate, making recommendations to
the House for the disposition of such investigations. We are here today
to fulfill that charge.
Our committee began reviewing allegations involving Representative
Schweikert after public reports detailed potential misconduct by him
and his former chief of staff, who is no longer employed by the House.
In 2018, the Office of Congressional Ethics sent two separate
referrals regarding Representative Schweikert to the Ethics Committee
for further review. Those referrals included: troubling allegations of
systemic campaign finance violations and reporting errors by
Representative Schweikert's authorized campaign committees; allegations
of misuse of his Members' Representational Allowance, or MRA, for
unofficial purposes; and evidence that he pressured his official staff
to perform campaign work.
During the 115th Congress, the committee impaneled an investigative
subcommittee to lead a bipartisan review of these allegations. At the
start of the 116th Congress, the committee reestablished that evenly
divided bipartisan panel and appointed Representative Dean Phillips of
Minnesota as its chair, along with Representative Bill Flores of Texas,
Representative Jamie Raskin of Maryland, and Representative John Katko
of New York.
The subcommittee, which was capably supported by the committee's
professional, nonpartisan investigative staff, took testimony from 18
witnesses and reviewed several hundred thousand pages of documents. The
investigative subcommittee also heard from Representative Schweikert
himself and considered his views and interpretation of the evidence
without prejudgment.
Upon completing its exhaustive investigation, the subcommittee
unanimously concluded that there was substantial reason to believe that
Representative Schweikert's conduct violated various House rules, the
Code of Ethics for Government service, Federal laws, and other
applicable standards.
On June 30, 2020, the investigative subcommittee unanimously adopted
a Statement of Alleged Violations, or SAV, detailing 11 separate
violations and the facts giving rise to those violations.
As set forth in counts 1 through 6 of the SAV, between 2010 and 2017,
Representative Schweikert's campaign committees erroneously disclosed
or failed to disclose hundreds of thousands of dollars in loans that
were made or obtained for the benefit of his congressional campaigns,
including a fictional $100,000 loan that purported to be sourced from
personal funds. His campaign committees also failed to report or
falsely reported hundreds of thousands of dollars in campaign
disbursements and contributions.
For those cumulative and sustained acts, Representative Schweikert
violated: Federal Election Commission Act reporting requirements;
clause 1 of the Code of Official Conduct of House rule XXIII, which
requires Members of this House to behave at all times in a manner that
reflects creditably on this House; and the Code of Ethics for
Government Service.
Count 7 addresses conduct by Representative Schweikert's former chief
of staff, who made hundreds of thousands of dollars in impermissible
outlays on behalf of Representative Schweikert's campaign committees
over a 7-year period. Even though these outlays were eventually
reimbursed by the campaign, they amounted to impermissible campaign
contributions under Federal law.
For knowing of this practice as it was ongoing but failing to prevent
it, Representative Schweikert violated clause 1 of House rule XXIII and
the Code of Ethics for Government Service.
As detailed in count 8, between 2011 and 2018, Representative
Schweikert converted campaign funds for personal purposes, primarily by
accepting personal items from several staff members that were later
reimbursed using campaign funds.
This conduct violated: Federal election law and regulations; clause 6
of House rule XXIII, which states campaign funds must be kept separate
and cannot be converted to personal use; and the Code of Ethics for
Government Service.
Count 9 addresses Representative Schweikert's misuse of official
resources--including official funds, staff time, and congressional
office space--for unofficial and campaign purposes between 2011 and
2017.
By misusing his MRA and failing to provide necessary oversight over
its use, Representative Schweikert violated 31 U.S. Code, section 1301,
clause 1 of House rule XXIII, and the Code of Ethics for Government
Service.
As set forth in count 10, Representative Schweikert violated clause 1
of House rule XXIII by pressuring his former chief of staff to
fundraise for his campaigns and fostering an office environment in
which congressional staff felt pressured to perform campaign work.
Finally, as detailed in count 11, Representative Schweikert violated
clause 1 of House rule XXIII by failing to exercise the proper candor
and due diligence necessary in responding to these allegations,
including a finding by this investigative subcommittee that certain
aspects of his testimony lacked credibility.
Under House and committee rules, a Member confronted with a Statement
of Alleged Violations may either challenge the allegations with a
public hearing of an adjudicatory subcommittee or, instead, reach a
negotiated resolution with the investigative subcommittee.
In this instance, Representative Schweikert, with the assistance of
his counsel, negotiated a resolution in which he admitted to all 11
counts in a Statement of Alleged Violations. He also agreed to waive
his rights to any additional process, including his right to an
adjudicatory hearing.
For his misconduct, Representative Schweikert agreed to accept a
sanction of reprimand by the House as well as a $50,000 fine to be paid
to the United States Treasury.
The investigative subcommittee carefully considered whether censure,
rather than a reprimand, befitted Representative Schweikert's egregious
conduct. Ultimately, the bipartisan subcommittee agreed to this
negotiated sanction of a monetary fine and public reprimand by his
colleagues, in large part because of Representative Schweikert's
willingness to accept responsibility for his own misconduct.
On July 29, our bipartisan Ethics Committee unanimously voted to
adopt the subcommittee's recommendations and transmit to the House the
resolution currently under consideration. Yesterday morning, Ranking
Member Marchant and I filed our committee's report, together with
[[Page H4196]]
the report of the investigative subcommittee, accompanying exhibits,
Representative Schweikert's responsive views, and the materials
provided to the committee by the Office of Congressional Ethics in its
referrals. I urge all of my colleagues, if they have not done so
already, to carefully read those materials.
As with every investigative report our committee issues, the report
in this matter explains when and why certain conduct may implicate
laws, House rules, or other ethical standards. Some of Representative
Schweikert's gravest violations arose from direct misconduct by him.
Because of Representative Schweikert's own delays and posture toward
this investigation, many of the most serious campaign finance
violations are also now beyond the statute of limitations for civil
enforcement, leaving the House as the only body to bring accountability
to bear on his conduct.
The bipartisan subcommittee unanimously recommended, and our full
committee unanimously agreed, that such conduct with respect to our
investigation should itself be sanctioned.
Other violations arose from Representative Schweikert's inattention
to, or poor supervision of, staff under his supervision. For example,
when asked by the investigative subcommittee about one particular loan
to his campaign and whether he received any guidance on how to report
it, Representative Schweikert said this: ``And this may be my sin, I
didn't ask. I just--I assumed. I didn't even assume. I didn't think
about it.''
If Members take just one lesson from this case, let it be this: It is
unacceptable for us, as public officeholders, not to think about our
ethical obligations. As Members of Congress, we all have an affirmative
duty to ensure that we, and all who work under our supervision, comply
with the laws, regulations, and ethical rules governing our official
and campaign activities.
The investigative subcommittee's report included several advisory
recommendations that the committee will seek to implement to provide
the House with more specific and emphatic guidance on some of the
issues in this matter. So I expect that this case will serve to better
educate all Members on their ethical responsibilities.
Above all, the proposed sanction, which was unanimously approved by
both the investigate subcommittee and the full Committee on Ethics,
will affirm this body's unified commitment to maintaining the highest
level of integrity.
Madam Speaker, I reserve the balance of my time so that the
distinguished ranking member of the Ethics Committee, the gentleman
from Texas (Mr. Marchant), may make any comments that he may have.
Mr. MARCHANT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I thank my colleague, the gentleman from Florida (Mr.
Deutch), for yielding the time to our side. I want to thank the
chairman for his service to the House. I have appreciated working with
him in Congress and look forward to our continued service in the next
few months.
The Ethics Committee is the only evenly divided committee in the
House. We are a consensus-based committee. Through the hard work of
many Members and professional staff of the Ethics Committee, we have
brought forward this report today by unanimous vote in the committee
regarding our fellow House Member, Representative David Schweikert of
Arizona.
The Ethics Committee has been entrusted to fulfill the constitutional
obligation and responsibility for admonishing Members and staff when
appropriate. This is not a duty that we take lightly--far from it--but
it is essential in maintaining the public's trust of our Chamber.
I want to thank the four Members who served on the investigative
subcommittee. This was no easy burden on the investigative
subcommittee, led by Congressman Dean Phillips and Mr. Bill Flores as
the chairman and ranking member of the panel. They were joined by
Congressman Jamie Raskin and Congressman John Katko.
Collectively, the investigative subcommittee met 22 times during this
116th Congress and four times in the previous Congress. They reviewed
over 200,000 pages of evidence and materials and conducted 18 witness
interviews.
The members took their charge with great care and diligence to ensure
a thorough and fair process, and I thank them for that. They worked
through some very complex material and have produced today's report. I
join the chairman in thanking them for their service.
I encourage all Members and staff to read the report, as it contains
significant guidance on proper use of the Members' Representational
Allowance, also known as the MRA; the reporting of campaign funds; the
proper use of official resources; and financial disclosure.
The gentleman from Arizona and his legal counsel have participated in
this lengthy process with both the investigative subcommittee and the
full Ethics Committee. It now rests with the House to accept this
report and its recommendations, and I support its swift and favorable
passage this morning.
Madam Speaker, I reserve the balance of my time.
Mr. DEUTCH. Madam Speaker, I yield such time as he may consume to the
gentleman from Minnesota (Mr. Phillips) for any comments he may have.
The gentleman ably served as the chairman of the investigative
subcommittee, and I appreciate his leadership.
Mr. PHILLIPS. Madam Speaker, I thank Ranking Member Marchant and
Chairman Deutch for their principled leadership on the Ethics Committee
and for their reflections on our solemn duties of self-discipline,
self-accountability, and self-governance.
There is no joy in reprimanding one of our colleagues, for a
transgression by one of us is a stain on all of us. Whether one takes
an oath of office as a politician, a police officer, or a public
official, we are duty-bound to hold ourselves to the highest standards
of conduct and serve as role models for our Nation.
During a remarkably difficult and divisive period of American
history, I am proud to have chaired a bipartisan investigative
subcommittee comprised of two Republicans--Representatives Bill Flores
and John Katko--and two Democrats--Representative Jamie Raskin and
me.
On most days, an aisle separates us, but there was not a moment of
distance between us during our work on this subcommittee. From day one,
we were unified and unwavering in our pursuit of truth and commitment
to objectivity, none of which would have been possible without the
remarkable, nonpartisan Ethics Committee staff, who conducted this
investigation with integrity, professionalism, and extraordinary
patience.
For that, the entire House joins me in expressing gratitude to Tom
Rust, Brittney Pescatore, Janet Foster, Zeke Ross, Danielle Appleman,
and Caroline Taylor for their principled service and diligent work.
In closing, it is my hope that every one of our colleagues takes the
time to read our report, reflect on the lessons of this case, and
recommit to acting creditably on the people's House and the values on
which it stands.
{time} 0930
Mr. MARCHANT. Madam Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Katko).
Mr. KATKO. Madam Speaker, I rise today regarding the determination by
the Committee on Ethics on the matter regarding David Schweikert, our
colleague.
As I was preparing my remarks today, I thought about my second or
third day in Congress when I was standing at the back of the well
looking out at this grand room. Speaker Boehner came up to me. And
Speaker Boehner said to me, You are a prosecutor, right?
And I said, Yes.
And he said, You have done it for 20 years in the Federal system?
And I said, Yes.
He said, Well, you are going to be one of the designated prosecutors
in case someone has an ethics issue. You are going to be one of the
ones we are going to use. And he walked away.
And as he walked away, I thought about two things: I thought, I hope
it never happens that they may need my services. And an honor it was,
but regardless of the honor it was that he tapped me.
And the second thing was about what a privilege it is to be in the
House.
[[Page H4197]]
Whether Republican or Democrat, we all have the great privilege of
serving in the United States House of Representatives. And with that
privilege comes great responsibility to abide by the rules of this
institution, which are in place so that we may best serve our
constituents and our country.
While there is no joy in bringing this action to the floor today, as
my colleague and friend, Dean, stated, I appreciate the bipartisan work
done by the members who served on this subcommittee. Moreover, I
applaud the diligence of the nonpartisan staff members who Dean named,
and who worked tirelessly throughout this process to ensure fairness
and to uphold the standards imposed upon every Member of Congress.
The investigation was conducted thoroughly and without one hint of
bias. Importantly, I believe the bipartisan manner in which it was
conducted demonstrates that the processes in place to hold Members of
Congress accountable do indeed work and are taken very seriously by
both parties.
Madam Speaker, in closing, I commend everybody who was involved in
this investigation, and I commend the House for having these rules.
Mr. DEUTCH. Madam Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. MARCHANT. Madam Speaker, the ranking member urges the House to
vote ``aye'' on this matter, and I yield back the balance of my time.
Mr. DEUTCH. Madam Speaker, I yield myself such time as I may consume.
In closing, I again thank each of the members who served on the
investigative subcommittees that were impaneled in this matter during
the 115th and 116th Congresses.
The Committee on Ethics continually strives to enhance the reputation
of this body and ensure that Members, as required by House rules and
the Code of Official Conduct, always act in a manner that reflects
creditably on the House.
Representatives Phillips, Flores, Raskin, and Katko, your work on
this case has been instrumental to that broader effort, and we are most
grateful for your service.
Madam Speaker, I am also appreciative and grateful for the ranking
member, Mr. Marchant, and his dedication to upholding the integrity of
this House and the principles that he brings to bear as he serves in a
leadership position on the House Committee on Ethics. I am grateful to
all of the other Ethics Committee members, my colleagues, for their
work on this matter, and all of the others that we have handled in this
Congress.
I thank my personal staff, Josh Rogin and David Arrojo; and Mr.
Marchant's staff, Scott Cunningham and Chris Donesa, for their
commitment to ensuring that this work be done fairly. I also recognize
the board and staff of the Office of Congressional Ethics for their
contributions to this investigation.
Lastly, as Mr. Phillips referenced, enormous thanks are due to our
nonpartisan professional committee staff for their tireless work on
this investigation and their dedicated service every day to this House.
Finally, Madam Speaker, I note that while the committee's
investigative work may garner more public attention, the committee's
nonpartisan, advisory staff is always available to answer any ethics-
related questions, to hold special training sessions for Members and
employees, in addition to the mandated annual ethics trainings, and to
issue advisory opinions upon request.
I encourage all Members of this House, all candidates and
Congressional staff, to avail themselves of our committee's resources
to help them satisfy their ethical obligations and to avoid the
mistakes like those by Representative Schweikert that bring us to the
floor of the House today.
Madam Speaker, I urge my colleagues to vote ``aye'' as well, and I
yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered.
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________