House Ethics Office turns over PMA-related files to Justice Department

The House Office of Congressional Ethics (OCE) has given the Justice Department evidence it collected in its investigation involving earmarks and the now-defunct PMA lobbying firm.

The decision to turn over evidence from its investigation, the result of a unanimous vote by the OCE’s board, is a sign that Ethics Office board members believe the probe may have uncovered criminal activity.

{mosads}The OCE, a board made up of mainly former members of Congress that makes recommendations to the ethics committee for further review, was responding to a request by Reps. Jeff Flake (R-Ariz.) and Paul Hodes (D-N.H.) to release the 250,000 pages it submitted to the ethics committee when it concluded its inquiry. The two lawmakers are frustrated by the ethics panel’s decision to clear members of wrongdoing without providing details of its probe, including how many witnesses were interviewed and subpoenaed.

In announcing its decision to give the Justice Department the evidence, the OCE board released a statement Thursday explaining that it could not publicly disclose its documents because doing so would risk prejudicing the ongoing criminal investigation.

“The OCE Board is committed, consistent with the limits prescribed by [House rules governing it], to keep Members and the public informed about its work,” the OCE board said in a statement. “However, under the circumstances of this case and the risk of prejudice to any pending criminal investigation, among other concerns, the Board was unable to grant their request.”

The Justice Department for more than a year and a half has been looking into links between campaign contributions from PMA Group lobbyists and its clients and the earmarks lawmakers have directed to them.

Earlier this week, the FBI confirmed the PMA investigation was still ongoing when it disclosed 892 pages of information related to the late Rep. John Murtha (D-Pa.) in response to several Freedom of Information Act requests. The FBI said it could only release a 24-page file of newspaper articles about the PMA controversy but nothing more because the probe was still open.

Flake said he was disappointed the OCE couldn’t release the information, but understood its reasoning and concern about prejudicing a criminal probe.

Flake also repeated his call for the ethics panel to issue guidelines about the propriety of accepting campaign donations from entities seeking earmarks.

“The failure of the [ethics] committee to set tougher standards regarding earmarks and campaign contributions — now that we’ve established the longstanding practice that campaign contributions gets you access — is just unbelievable.”

Flake said he would continue to use the privileged resolution process, a parliamentary maneuver, to highlight the issue and jolt the committee into action. He also brushed aside an earlier statement by the ethics committee that argued that setting guidelines on earmarks and campaign contributions was outside the committee’s jurisdiction.

“Saying it’s outside our purview — that’s a joke,” he said.

The OCE earlier this year cleared five of seven members of the defense appropriations subcommittee but recommended further review by the ethics committee of the activities of Reps. Pete Visclosky (D-Ind.) and Todd Tiahrt (R-Kan.). In its final report on the investigation, the OCE came to the conclusion that lobbyists and companies receiving earmarks believed their campaign donations were influencing House offices decisions on whether or not to grant earmarks. The OCE cited this “finding of fact” in announcing its release of evidence to Justice. The ethics committee later cleared Tiahrt and Visclosky of any wrongdoing.

“The evidence [released to Justice] pertains to a factual finding by the OCE Board that certain persons and companies saw their campaign donations as affecting decisions about earmarks,” the OCE board said.

— This story was updated at 1:52 p.m.