2002 Ron Paul 76:1
Mr. Speaker, many of Congressman
Traficant’s
actions are impossible to defend. Mr. Traficant likely engaged in
unethical
behavior. I hope all my colleagues would join me in condemning any
member who
abused his office by requiring staff to pay kick-backs to him and/or do
personal
work as a condition of employment. I also condemn in the strongest
terms
possible using one’s office to obtain personal favors from
constituents, the
people we are sent here to represent. Such behavior should never be
tolerated.
2002 Ron Paul 76:2
However, before expelling a member we
must
consider more than eccentric behavior and ethical standards. We must
first
consider whether Mr. Traficant’s received a fair trial and a fair
ethics
hearing. His constitutional right to a fair trial, and the right to be
judged by
those who elected him to office, are every bit as important.
2002 Ron Paul 76:3
Many Americans believe that Congress
routinely
engages in ethically questionable and unconstitutional actions, actions
which
are far more injurious to the liberty and prosperity of the American
people than
the actions of Mr. Traficant. Some question the ability of Congress to
judge the
moral behavior of one individual when, to use just one example, we
manage to
give ourselves a pay raise without taking a direct vote.
2002 Ron Paul 76:4
Mr. Speaker, after listening carefully
to last
week’s ethics hearing, I have serious concerns about whether Mr.
Traficant
received a fair trial. In particular, I am concerned whether the change
of venue
denied Mr. Traficant a meaningful opportunity to present his case to a
jury of
his peers. Usually a change of venue is appropriate in cases where the
defendant
cannot receive a fair trial. I am unaware of any other case where the
venue was
changed for the benefit of the state.
2002 Ron Paul 76:5
However, the most disturbing
accusations concern
the possibility that Mr. Traficant was denied basic due process by not
being
allowed to present all of his witnesses at the trial. This failure
raises
serious questions whether Mr. Traficant had the opportunity to present
an
adequate defense. These questions are especially serious since one of
the jurors
from Mr. Traficant’s criminal trial told the Cleveland Plain Dealer
that had he heard the testimony of Richard Detore at Mr. Traficant’s
trial, he
would have voted "not guilty."
2002 Ron Paul 76:6
Mr. Speaker, I also question the timing
of this
resolution and the process by which this resolution is being brought to
the
floor. Mr. Traficant’s conviction is currently on appeal. Many
Americans
reasonably wonder whether the case, and the question of Mr. Traficant’s
guilt,
can be considered settled before the appeals process is completed. I
fail to see
the harm that would be done to this body if we waited until Mr.
Traficant
exhausts his right to appeal.
2002 Ron Paul 76:7
Before voting to expel Mr. Traficant
while his
appeal is pending, my colleagues should consider the case of former
Representative George Hansen. Like Mr. Traficant, Mr. Hansen was
convicted in
federal court, censured by Congress, and actually served time in
federal prison.
However, Mr. Hansen was acquitted on appeal- after his life, career,
and
reputation were destroyed.
2002 Ron Paul 76:8
If my colleagues feel it is important
to condemn
Mr. Traficant before the August recess, perhaps we should consider
censure. Over
the past twenty years, this body has censured, rather than expelled,
members who
have committed various ethical and even criminal violations, ranging
from
bribery to engaging in sexual activity with underage subordinates.
2002 Ron Paul 76:9
I also am troubled that Mr. Traficant
will have
only 30 minutes to plead his case before the full House. Spending only
an hour
to debate this resolution, as though expelling a member of Congress is
no more
important than honoring Paul Ecke’s contributions to the Poinsettia
industry,
does this Congress a disservice.
2002 Ron Paul 76:10
In conclusion Mr. Speaker, because of
my
concerns over the fairness of Mr. Traficant’s trial, I believe it is
inappropriate to consider this matter until Mr. Traficant has exhausted
his
right to appeal.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2002/cr072402b.htm