Brady Shenanigans

Oh, we are sooo scared. Seriously, this is so sophmoric. The Commie Mommies are complaining that Craig is advocating for a position that helps the NRA Puhleeeeesee

Thanks to the Geek for the link.

Brady Campaign Files Senate Ethics Complaint Against NRA Board Member Who is Chief Sponsor of Bill to Give NRA Civil Immunity; Craig's Sponsorship, Efforts on Gun Industry Immunity Bill 'In Clear Violation of the Senate Ethics Rules' Complaint Charges

2/27/04 12:36:00 PM


--------------------------------------------------------------------------------

To: National Desk

Contact: Peter Hamm of the Brady Campaign to Prevent Gun Violence united with the Million Mom March, 202-289-5792

WASHINGTON, Feb. 27 /U.S. Newswire/ -- The Brady Campaign to Prevent Gun Violence this morning delivered a complaint to the Senate Ethics Committee, arguing that Senator Larry Craig has "impermissibly acted in his capacity as a Senator to further the interests, including the financial interests, of an organization for which he serves as a member of the Board of Directors."

Senator Craig (R-ID) is the Sponsor and Senate Floor Manager of the bill before the Senate that would provide broad immunity from civil litigation to gun manufacturers, gun dealers and trade associations in the gun industry. As a trade association under the definition of the bill, the National Rifle Association (NRA) would benefit from the legislation. Senator Craig serves on the Board of Directors of the NRA. "Because of this conflict of interest, Senator Craig should immediately recuse himself from any further action on this bill, including any votes," said Michael Barnes, president of the Brady Campaign to Prevent Gun Violence united with the Million Mom March.

The complaint states "nothing could present a more obvious and glaring conflict than that presented here, where an agent or representative of the NRA (Senator Craig) is attempting to carve out unique and unprecedented immunity from the civil justice system for the NRA, some of its members, and the rest of the gun industry. What makes the conflict here particularly extraordinary is that Senator Craig is using his legislative position to carve out a narrow, special exemption to the law that only applies to his organization and its gun industry members and allies, in order to further their financial interests." It is signed by Barnes.

The full text of the complaint letter follows.

Feb. 27, 2004

The Honorable George V. Voinovich, chairman

The Honorable Harry Reid, ranking member

Committee on Ethics, United States Senate, Hart 220, Washington, D.C. 20510

Dear Chairman Voinovich and Ranking Member Reid:

The Brady Campaign to Prevent Gun Violence, by this letter, brings an ethics complaint against Senator Larry Craig (R-ID) for violating the Senate Ethics Rules. Senator Craig has impermissibly acted in his capacity as a Senator to further the interests, including the financial interests, of an organization for which he serves as a member of the Board of Directors. Specifically, Senator Craig is the sponsor of, and floor leader for, pending legislation that would provide legal immunity to the National Rifle Association ("NRA"). He also serves as a member of the NRA's Board of Directors. Senator Craig is serving two masters, in clear violation of the Senate Ethics Rules, particularly Senate Ethics Rule 37(2).

-- The Facts --

Senator Larry Craig (R-ID) is a member of the Board of Directors of the National Rifle Association. He is also the sponsor of S. 659 and its alternative, S. 1805.

The National Rifle Association ("NRA") is a "trade association" under S. 659 and S. 1805. Under S. 1805, "trade association" is an "association or organization" with three elements: 1) it is "not operated for profit;" 2) two or more members are manufacturers or sellers of firearms; and 3) it is involved in promoting the business interests of its members. Under S. 659, only the first two elements need be met.

The NRA meets all three criteria, thus qualifying it as a trade association under both bills. It is an association or organization that: 1) is not operated for profit; 2) has two or more members who are manufacturers or sellers of firearms; and 3) is involved in promoting the business interests of its members. Indeed, the NRA has called the passage of Senator Craig's gun industry immunity bill its "top legislative priority."

As a "trade association," the NRA, Senator Craig's organization, receives immunity from many civil liability actions under S. 659 and S. 1805, including negligence suits. Any manufacturer and seller members of the NRA also receive this immunity. The immunity received by the NRA, its manufacturer and seller members, and other firearms trade associations and companies under these bills is not enjoyed by any other industry.

-- The Law --

Senate Ethics Rule 37(2) states: "No Member, officer, or employee shall engage in any outside business or professional activity or employment for compensation which is inconsistent or in conflict with the conscientious performance of official duties." The Senate Ethics Manual states:

The legislative history of this provision states that it "should be read to prohibit any outside activities which could represent a conflict of interest or the appearance of a conflict of interest." The Committee has interpreted this paragraph to prohibit compensated employment or uncompensated positions on boards, commission, or advisory councils where such service could create a conflict with an individual's Senate duties due to appropriation, oversight, authorization, or legislative jurisdiction as a result of Senate duties.

Senate Ethics Manual at 66-67 (emphasis in original) (note 1). See also Nelson Committee Report, which accompanied the Senate Code of Official Conduct, S. Rept. 49, 95th Cong. 1st Sess. 41 (1977) (provision "should be read to prohibit any outside activities which could represent a conflict of interest or the appearance of a conflict of interest").

Therefore, the Senate Ethics Rules bar Senator Craig from serving on the NRA's Board where that service conflicts with his Senate duties. Nothing could present a more obvious and glaring conflict than that presented here, where an agent or representative of the NRA (Senator Craig) is attempting to carve out unique and unprecedented immunity from the civil justice system for the NRA, some of its members, and the rest of the gun industry. What makes the conflict here particularly extraordinary is that Senator Craig is using his legislative position to carve out a narrow, special exemption to the law that only applies to his organization and its gun industry members and allies, in order to further their financial interests.

The facts here present a grave conflict of interest - and unquestionably an appearance of a conflict. Either violates Rule 37(2). This is not a case where a Senator's organization falls within a broad class of citizens affected by legislation. Here, the lobbyist and the lobbied are the same (the NRA); and the class of beneficiaries of the legislation is very narrow: the gun industry. Nor is this a case where a Senator merely shares beliefs or policy views with an organization. Here the NRA and some of its members are financial beneficiaries of the proposed legislation.

The relationship between Senator Craig and the NRA suggests possible answers to questions regarding why the Senator has chosen to create such unique, unprecedented, and extraordinary protections for this industry and no other. If Senator Craig is concerned that manufacturers and sellers of dangerous products should not be liable when their products are misused, why does his bill not bar liability in all such cases, rather than immunizing only the NRA and other gun industry associations and companies? Senator Craig's relationship with the NRA suggests an answer to that and many other troubling questions. Such a conflict defines "appearance of impropriety."

America is faced with many dangers today, from without and within. One of those dangers is a growing cynicism among many Americans that their government caters to special interests at the expense of the average citizen. Indeed, all Americans should be troubled to watch the NRA, acting though its agent in the Senate, seek unprecedented, special immunity for itself and its fellows, while depriving victims of gun violence of their rights to seek justice in the courts. We hope this matter will be given the serious attention it deserves.

Sincerely,

Michael D. Barnes

President

(Note 1) Where there is no conflict of interest, Rule 37(6)(a) permits uncompensated service as a board member of a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. Senate Ethics Manual at 74.


http://www.usnewswire.com/