Watchdog Accuses McCarthy of a Felony: His Vote Trading and Favors Crossed a Line

McCarthy needed votes. He may still need votes as this is being written amidst a vote that he may or may not win. The nice thing about the issue we’re addressing here is that it has fck all to do with whether McCarthy becomes speaker or not. No, the point is that McCarthy has been going out and buying votes, which – may not in and of itself be illegal. It is what he’s using as a currency that is definitely illegal down the road. But it is where he’s doing his horse trading, which offices, which phones, which computers, all those House resources are definitely illegal to use for his purposes as of right now.

McCarthy is making agreements about spending with Super PAC money such as the “The House Leadership Fund” (controlled by McCarthy) versus – as one example – “The Club for Growth Super Pac,” and making deals about keeping the centrist Leadership PAC out of races where the Club for Growth wants to control a race for an ultra-conservative. There isn’t supposed to be any coordination between campaigns and Super PACs and candidates, and it would be hard to see how a candidate could communicate which Super PAC he wants without some coordination.

So that’s a buzzkill. But let’s address the here and now. According to a letter sent by the “End Citizens United” non-profit to the Lead Counsel for the House Ethics Department, McCarthy is doing all this campaign politicking right out of House offices, using phones and computers, and not out of campaign offices where horse trading for elections normally takes place. That’s a problem. LETTER HERE:

McCarthy and House staff acting on his behalf are using official resources to plan and direct campaign and political activities with federal super PACs. The House Ethics Manual clearly states that resources of the House may not be used for campaign or political purposes. But this is exactly what McCarthy and others on his behalf are doing.

Okay, so – there, already we have Super PAC money being used for purposes well beyond what the law contemplates, and it’s getting mixed in with official House resources, phones, computers, etc., that are always out of bounds for political activity. The underlying idea is that McCarthy’s more moderate PAC will stay out of races in which the far more conservative “Club for Growth” Super PAC wants to spend money on its own “candidates’ issues.” Those are campaign issues that may be illegal coordination, and using House resources is definitely illegal.

More from the letter:

Shortly after those losses, a “McCarthy endorsed” Super PAC, the Congressional Leadership Fund, announced that it reached an agreement with another conservative Super PAC in an apparent effort to appease Republican Members who had refused to vote for McCarthy. The Congressional Leadership Fund publicly agreed not to spend money.

This is key. The watchdog group (“End Citizens United”) has a specific example of the political horse-trading going on, all while conducting business within the House offices and floor itself. (As opposed to campaign headquarters.)

The House Ethics Manual 5 explains that “official resources of the House must . . . be used for the performance of official business of the House, and hence . . . may not be used for campaign or political purposes.” The term “official resources” refers to any good or service paid for using federally-appropriated funds, including staff time and materials created by official staff on official time. “Official resources” also includes “[t]he House buildings, and House rooms and offices—including district offices,” which “are supported with official funds and hence are considered official resources.”

There is little doubt that politics and campaign business are being done out of House offices and using House resources. The fact that Super PACs are coordinating is also a no-no, but that violation cannot be enforced now because they’ve only talked and agreed. The agreements won’t play out until the 2024 campaign.

And in summation?

McCarthy’s actions reflect poorly on the credibility of the House and undermines the public’s
trust in its ability to govern. To make assurances and agreements that further the political and campaign objectives of outside interests to secure votes for the Speakership harms the legitimacy of the U.S. House. For the reasons stated herein, I respectfully request that you commence an immediate investigation into this matter and hold Representative McCarthy and other House staff accountable.I understand that 18 U.S.C. § 1001 applies to the information I am providing. To the best of my knowledge and ability, all evidence submitted was not obtained in violation of any law, rule or regulation.

And 18 U.S.C. Sec. 1001 states in part:

Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

-falsifies, conceals, or covers up by any trick, scheme, or device a material fact

-makes any materially false, fictitious, or fraudulent statement or representation; 

And yes, that is a criminal statute. It is a felony with a term up to five years. It sounds like they have McCarthy dead to rights. Is Merrick Garland going to come flying in due to a recommendation from the House Ethics Counsel? Probably not. But McCarthy will likely get a stern letter, a “One Strike” on his plate, and perhaps pay a fine in lieu of any official charge. But, have no doubt, they’ve got him cold.
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[email protected], @JasonMiciak, SUBSTACK: HOUSE GOP EMPHASIZES PELOSI’S GENIUS AND COMPETENCE