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ARTICLE · 06 MARCH 2013

A Question Of Ethics: OCE Draws Inferences Against Third Parties

A commentary on case where the OCE drew inferences against third parties.

United StatesGovernment, Public Sector

Q. I have a question about investigations by the Office of Congressional Ethics. I've read stories about OCE investigations of members where it appeared that the OCE used a witness's refusal to cooperate with the investigation against the member being investigated, even though the member had no control over the witness's refusal to cooperate. This made no sense to me. Why should a member be penalized for someone else's refusal to cooperate with an investigation?

A. This is a great question, as it has come up in several recent investigations and goes right to the heart of the authority of the OCE, which the House created in 2008 to review and filter complaints of misconduct by House members and staffers to determine if they warrant referral to the House Ethics Committee.

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