Thread by @MarkPaoletta

1/12 @SenatorDurbin & @SenWhitehouse want to impose ethics law on Supreme Court to which Congress itself is not subject. This follows Congress double standards w/ Executive Branch where Congress isn't subject to FOIA nor any record keeping requirement for Members. Pure hypocrisy!

2/ Congress is not subject to any recusal law and House and Senate Ethics Manuals state Members can vote and work on any matter that directly affects their own financial interests. That would include their spouse's (and spouse's clients) financial interests.

3/ Here are Senate and House Ethics Manual pages. How in the world can Congress exempt itself from recusal laws and attack Supreme Court on this issue?

4/ Justices are subject to recusal law in 28 USC 455. Executive Branch officials are subject to criminal provision on recusals (18 USC 208). But zip for Congress. See how this works? It’s pure hypocrisy.

5/ How about Congress applies every provision in this bill (S. 359) to itself? Let's see how serious @SenatorDurbin & @SenWhitehouse are about accountability and transparency. @SenJudiciaryGOP @JudiciaryDems

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 6/ For example, allow an individual who may be affected by legislation to file recusal motions against Members of Congress in cases where that party believes that Member has a financial interest/conflict of interest in pending legislation.

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 7/ That motion would have to be ruled on by outside third party before bill is considered, and there must be written findings on matter. If Member has a financial interest in any legislation, that Member must recuse.

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 8/ Require Senate to set up Ethics Committee process that actually takes complaints seriously. Per recent article, since 2007, there have been 1,523 complaints filed with Senate Ethics Committee with ZERO disciplinary actions. Senate needs to reform itself first.

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 9/With respect to disclosure of Amici brief funding, Congress should require Members of Congress to disclosure any materials/draft language on legislation or issue that was provided to Member/staff by any party or affiliated party that donated more than $250 dollars to Member.

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 10/@SenatorDurbin references Court low approval (37%) as justification for “ethics” bill. Really?? Congress is at 16% approval & 61% disapproval, a dangerously low lack of faith in a government institution. Some polls have disapproval at 70% (+).
docs.cdn.yougov.com/kpnwbn3sup/eco…

@SenatorDurbin @SenWhitehouse @SenJudiciaryGOP @JudiciaryDems 11/After months of baseless smears, Justice Thomas has a higher approval rating (35%) than Congress! And has third highest approval rating of all Justices. Durbin should focus first on passing laws to make Congress more accountable.

12/ As I testified last year, there is no ethics problem at Supreme Court. Dems just hate Court now that it is issuing opinions faithful to Constitution. To support any “ethics bill” would be to validate these baseless & partisan smears. Congress should focus on reforming itself.