Outgoing Rep. Wynn may soon leave Energy and Commerce Committee

House Majority Leader Steny Hoyer (D-Md.) suggested Tuesday that outgoing Rep. Albert Wynn (D-Md.) might soon vacate his seat on the Energy and Commerce Committee.

Wynn, who lost a February primary to challenger Donna Edwards, last week announced he has taken a job with the law and lobbying firm Dickstein Shapiro, and recused himself from matters that would create a conflict of interest. But his decision to stay in office until June has already prompted critics to charge he has a conflict of interest between his constituents and his future employer.

{mosads}Hoyer said during his weekly pen-and-pad briefing Tuesday that Wynn’s recusals could impair his ability to vote on Energy and Commerce matters.

“There may be some thought that we need to have a full voting committee member who does not need to recuse himself on issues, and therefore, there may be — Mr. Wynn may decide to step down from the committee prior to leaving,” Hoyer said.

In a statement triggered by questions about Hoyer’s comments, Wynn did not address the question of whether he should or will step down from the powerful panel.

“I have spoken with the Committee on Standards of Official Conduct and have fully complied with all requirements to date by filing the appropriate paperwork and will abide by all recusal requirements, if any, in the future,” Wynn said.

Republicans, dubbing the Maryland Democrat “Congressman/lobbyist Wynn,” say Wynn should not be serving when he has a commitment to a new employer.

“Recusing himself from his committee assignment is completely inadequate,” said Michael Steel, spokesman for House Minority Leader John Boehner (R-Ohio). “Once again, House Democrats are trying to water down the ethics reforms that they promised to the American people.”

The jurisdiction of the Energy and Commerce Committee, which has 31 Democrats and 26 Republicans, is among the broadest in Congress. In addition to serving on the committee, Wynn is chairman of the panel’s Environment and Hazardous Materials subcommittee. Wynn does not sit on any other panels.

Dickstein Shapiro’s clients include Home Box Office, the International Brotherhood of Teamsters, Lorillard Tobacco Co. and Oracle Corp. Its energy and environmental clients likely to have business before the committee and Wynn’s subcommittee include DuPont, Nuclear Electric Insurance Limited and Peabody Energy.

Another Maryland Democrat, Rep. Elijah Cummings, said the decision on whether to leave should remain Wynn’s.

“That’s a decision Mr. Wynn has to make,” Cummings said. “He’s been elected to represent the people of his district. In all the years I’ve known him he’s voted in an ethical manner.”

Rep. Alcee Hastings (D-Fla.) said he doesn’t think Wynn’s continued service will give him an advantage in the private sector.

“I don’t think he helped or hurt himself,” Hastings said. “If he helped himself, it’s only that by leaving early he won’t have to wait as long to lobby.” The so-called “revolving door” rule blocks lawmakers from lobbying their colleagues for a year after leaving office.

Hastings compared Wynn’s situation to that of former Sen. Trent Lott (R-Miss.), who left office in 2007 and started a lobbying firm with his former colleague, ex-Sen. John Breaux (D-La.). Lott, however, did not announce his private-sector plans until after he had left the upper chamber.

Yet there was widespread speculation before Lott departed that he would team up with Breaux. Another House member, speaking on background, noted that Wynn might have saved himself the trouble if he had simply waited to announce his future employer after he was no longer in Congress.

Maryland Gov. Martin O’Malley (D) must decide within 10 days of Wynn’s resignation whether to call for a special election or to allow the position to remain vacant until a replacement is chosen in November’s regularly scheduled general election.

Hoyer, who holds considerable influence in Maryland politics, said he wants to talk to Edwards and O’Malley about the prospect of a special election. Hoyer, who was elected in a special election himself, said the process in Maryland takes at least three or four months.

He said one possibility is to have a primary, then hold the replacement election at the same time as the regular general election in November. However, that would not get the district representation substantially earlier than just waiting for Edwards to get sworn in in January.

Wynn has indicated in the past he would support a special election, but that could cost as much as $2 million.

Cummings said he has pushed O’Malley for a special election to be held as quickly as possible, despite criticism of the cost.

“I don’t want a second to go by without them having representation,” Cummings added. “These people pay taxes too.”

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