Cracking down on the financial and personal transgressions of lawmakers is often labeled a prerequisite to making Capitol Hill, and with it all of democracy, work better. The cause got set back at the federal courthouse this week.
People may not be prosecuted for lying to the Office of Congressional Ethics, which the House created a dozen years ago to do much of the heavy lifting in policing member behavior, the D.C. Circuit Court of Appeals decided Tuesday.
The ruling is a setback that could hobble the pace of inquiries that often increase in election years, when political opponents and the media are paying heightened attention to what House members are doing away from the office. But the judges said the situation could be fixed by adding a few words to the federal law against obstruction of justice.
The Office of Congressional Ethics is an independent, bipartisan panel of six people charged with investigating allegations of misconduct by both members and their aides and then referring the most serious and solid cases to the House Ethics Committee, which has the power to sanction its colleagues but does so relatively rarely.
But while the office may initiate inquiries, it is powerless to issue subpoenas or make the House continue the work it has started — limitations that critics say make it mostly toothless for doing the politically sensitive work it's assigned. (In the first three months of the year, the office says, it opened 15 inquiries and sent six to the Hill.)
The court's ruling takes away more teeth.
The appeal involved abuse of federal funds by David Bowser, when he was chief of staff in the first half of the decade to a since-departed GOP House member from Georgia, Paul Broun, and used money from the congressional office account to pay for his boss's reelection debate preparations.
He was convicted of several felonies, but the trial judge threw out the charge of obstruction of Congress. The appeals court backed the reasoning: The law as written applied to "congressional offices" but not entities created to help Congress but separate from it.
"Congress knows how to refer to legislative offices when it chooses, and we must give effect to the statute's tailored language," Judge Thomas Griffith wrote for a unanimous three-judge panel. "If Congress wishes to extend liability to those who obstruct the work of the Office, it may do so, and it has model language for such an amendment in the False Statements Act."



















photo courtesy of Michael Varga.
An Independent Voter's Perspective on Current Political Divides
In the column, "Is Donald Trump Right?", Fulcrum Executive Editor, Hugo Balta, wrote:
For millions of Americans, President Trump’s second term isn’t a threat to democracy—it’s the fulfillment of a promise they believe was long overdue.
Is Donald Trump right?
Should the presidency serve as a force for disruption or a safeguard of preservation?
Balta invited readers to share their thoughts at newsroom@fulcrum.us.
David Levine from Portland, Oregon, shared these thoughts...
I am an independent voter who voted for Kamala Harris in the last election.
I pay very close attention to the events going on, and I try and avoid taking other people's opinions as fact, so the following writing should be looked at with that in mind:
Is Trump right? On some things, absolutely.
As to DEI, there is a strong feeling that you cannot fight racism with more racism or sexism with more sexism. Standards have to be the same across the board, and the idea that only white people can be racist is one that I think a lot of us find delusional on its face. The question is not whether we want equality in the workplace, but whether these systems are the mechanism to achieve it, despite their claims to virtue, and many of us feel they are not.
I think if the Democrats want to take back immigration as an issue then every single illegal alien no matter how they are discovered needs to be processed and sanctuary cities need to end, every single illegal alien needs to be found at that point Democrats could argue for an amnesty for those who have shown they have been Good actors for a period of time but the dynamic of simply ignoring those who break the law by coming here illegally is I think a losing issue for the Democrats, they need to bend the knee and make a deal.
I think you have to quit calling the man Hitler or a fascist because an actual fascist would simply shoot the protesters, the journalists, and anyone else who challenges him. And while he definitely has authoritarian tendencies, the Democrats are overplaying their hand using those words, and it makes them look foolish.
Most of us understand that the tariffs are a game of economic chicken, and whether it is successful or not depends on who blinks before the midterms. Still, the Democrats' continuous attacks on the man make them look disloyal to the country, not to Trump.
Referring to any group of people as marginalized is to many of us the same as referring to them as lesser, and it seems racist and insulting.
We invite you to read the opinions of other Fulrum Readers:
Trump's Policies: A Threat to Farmers and American Values
The Trump Era: A Bitter Pill for American Renewal
Federal Hill's Warning: A Baltimorean's Reflection on Leadership
Also, check out "Is Donald Trump Right?" and consider accepting Hugo's invitation to share your thoughts at newsroom@fulcrum.us.
The Fulcrum will select a range of submissions to share with readers as part of our ongoing civic dialogue.
We offer this platform for discussion and debate.