July 31, 2020 - Issue: Vol. 166, No. 136 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[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.

                          ____________________