Democratic Underground - HASTERT LET FOLEY RESIGN, SO HE STILL GETS $100,000 PENSION - Recommend!!

Buh-Bye Republicans! Even AFTER reading the IMs, not just the e-mails. Hastert and the GOP leadership let Mark Foley RESIGN instead of having him REMOVED.

This allows FOLEY TO KEEP HIS $100,000 a year PENSION!!!!!!!!!!!!!!!!

According to the Ethics Manual for Members, Officers, and Employees of the U.S. House of Representatives, each Member of Congress "shall conduct himself at all times in a manner which shall reflect creditably on the House of Representatives" and "shall adhere to the spirit and the letter of the Rules of the House of Representatives." The Code of Ethics for Government Service further states that "any person in Government service should: … 4. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept for himself or his family, favors or benefits under circumstances which might be construed by a reasonable person as influence the performance of his governmental duties."

http://www.campaignlegalcenter.org/press-2051.html

Please, DISCUSS AMONG YOURSELVES...

...AND DON'T FORGET TO RECOMMEND BECAUSE THIS IS A DU EXCLUSIVE

Here is John Laesch's Web site to contribute and defeat Hastert!!

http://www.john06.com/donate

UPDATE: THE ENTIRE HOUSE MUST VOTE IN A SUPER-MAJORITY TO REMOVE A MEMBER, AND THE HOUSE JUST ADJOURNED FOR 6 WEEKS. HASTERT MUST NOW BRING THEM BACK IN A SPECIAL SESSION TO FORMALLY EXPEL FOLEY BEFORE THE ELECTION. THAT WILL SOON BE THE GOP'S LAST HOPE.

EXPULSION DOES NOT FORFEIT THE PENSION, SO THAT HOUSE RULE MUST BE AMENDED SO THAT A SEXUAL ABUSE CRIME ON A HOUSE PAGE--LIKE CERTAIN NATIONAL SECURITY OFFENSES--FINALLY FORFEITS THE PENSION.

THERE IS A PRECEDENT FOR THIS, AS CERTAIN NATIONAL SECURITY OFFENSES DO DISQUALIFY THE EXPELLED MEMBER FOR THEIR PENSION.

http://216.239.51.104/search?q=cache:Q1QEcPEnFegJ:fpc.state.gov/documents/organization/59024.pdf+expel+House+member&hl=en&gl=us&ct=clnk&cd=2

IN THE CODE IT IS 5 U.S.C. 8311 and 8312 which lists the National Security crimes allowing disqualification.

The provisions of this law concerning forfeiture of pensions apply at 5 U.S.C. § 8312 to convictions for such offenses as, for example,harboring or concealing persons; gathering or transmitting defense information; disclosure of classified information; espionage; sabotage; treason; rebellion or insurrection; seditious conspiracy; perjury in relation to those offenses; and other offenses relating to secrets andnational security.

Note generally, CRS Report 96-530, Loss of Federal Pensions For Members of Congress Convicted of Certain Offenses (June 6, 1996).39See, e.g., United States v. Podell, 572 F.2d 31 (2d Cir. 1978).403 U.S.C. 102, note, P.L. 85-745, as amended. Pensions Officers and employees of the United States, including Members of Congress,do not, upon indictment for a crime, nor upon conviction of every crime or felony, forfeit the federal pensions for which they qualify and the retirement income that they have accumulated. However, a federal pension will be forfeited if the officer oremployee is convicted of a crime that relates to espionage, treason, or other national security offenses against the United States expressly designated in the so-called “Hiss Act.”

38A person convicted of a crime may generally be subject to incarceration, monetary fine, certain forfeitures of property related to the criminal activity, and in the case of a federal official, such as a Member of Congress, may be liable in an action to recover sums of monies improperly received under a theory of “constructive trust.”

At this time, no additional penalty is imposed, such as the loss of one’s retirement income (over and above relevant fines), restitution, and imprisonment relating to the specific offenses involved. As to the loss of one’s federal pensions for federal officers and employees, and the surviving spouses of such officers, the natureof the offense is controlling; it does not matter if the individual resigns from office prior to or after indictment or conviction, if the individual is expelled from Congress, or, in the case of federal executive officers (other than the President, who is not under the general federal retirement system),

40 if the officer is impeached and removed.

There is the "constructuve trust" angle or simply adding the sex crime with a page to the list of exceptions in 5 U.S.C. § 8312.

Mr. Hastert and Boehner, the BALL IS IN YOUR COURT.

HASTERT LET FOLEY RESIGN, SO HE STILL GETS $100,000 PENSION - Recommend!! [View All]