Criminal politicians face easier future in US

By Rong Xiaoqing Source:Global Times Published: 2015-2-5 20:18:01

Illustration: Liu Rui/GT

The New York State Assembly just picked a new speaker for the first time since 1994. For New Yorkers, it is an occasion associated with humiliation much more than pride. The previous Speaker, Sheldon Silver, one of the three most powerful politicians in the state, was arrested on January 22 and charged with corruption.

It came a few days before Juno, the snowstorm that would paralyze parts of the east coast of the US, had arrived. But the political storm in the state seemed to be unfolding more quickly and was more of a jaw-dropper. The previous day, when New York Governor Andrew Cuomo delivered his State of the State address, a major event in which the governor rolls out his policies for the year ahead, Silver still sat calmly in his usual seat on the stage.

Many people in China may not know who Silver is. But to them, the drama itself may be very familiar. Since the Chinese government launched its anti-corruption movement, a number of high-level officials have also been dragged down from their prominent positions. And often it was the same abrupt scenario.

But compared to the "big tigers" in China, whose privileged life is pretty much over once they are under investigation, disgraced politicians in the US seem to be much luckier.

Those who are only investigated and punished by the legislative bodies they serve can come away largely unscathed. An example is New York Congressman Charles Rangel. Rangel, who was found to have rented apartments at far below market rates, failed to report rental income from a foreign country, and improperly raised funds, was found guilty by the House Ethics Committee on 11 charges in November 2010. The House censured him soon after. This might be the most severe punishment from the legislature for a congressman. But it only meant he had to give up his committee chairmanship, not his elected position. So Rangel, after two further successful campaigns, is still a congressman.

Those who are chased after by prosecutors don't have to resign from their offices when they are charged, though some choose to do so under pressure. And even a conviction doesn't automatically terminate their political careers or their perks.

Take Silver, who, according to the prosecutors, got $4 million in kickbacks from a law firm for using state funds as a leverage to get clients referred to the firm. He has stepped down from his post under pressure from his Assembly colleagues, but he remains an assemblyman, which won't change even if he is convicted unless the whole Assembly decides to force him out.

Also, according to the Empire Center, a good government organization, the 70-year-old Silver will get an annual pension of $87,120 if he chooses to retire now, less than the $121,000 he makes as a speaker but more than the $79,500 he makes as an Assemblyman and more than double the median per capita income of the state. And he would still be entitled to get the pension even if he were convicted.

Of course, disgraced officials still have to face the judgment of voters. Most of them have to run for reelection every two years. Federal laws don't prohibit people facing charges or who have been convicted of crimes from running for federal office. At the state level, such politicians also get the green light in most states. And sometimes voters don't seem to care about their tarnished reputations. In last year's elections, New York voters reelected two of the three senators who have been indicted, as well as federal Congressman Michael Grimm who pleaded guilty soon after his reelection and only then decided to quit.

The most curious case might be Virginia State Delegate Joseph D. Morrissey, who quit and was put in jail after taking a plea deal on charges of having a relationship with a minor who worked in his office, ran a campaign from jail cell last year and won an election to get back. Now he is allowed to serve in his office during the day time and spend the nights in jail, and the embarrassed House of Delegates in Virginia doesn't know what to do about it.

To be sure, these are rare exceptions. Most elected officials in skirmishes with the law eventually disappear from the public arena. But in the US legal system, those charged are presumed innocent until proven guilty. That is an important safeguard to protect those unfairly targeted. But when the correct procedures get wrong results and there are little means to correct them, the faith of the public in the system is inevitably hurt.

The author is a New York-based journalist. rong_xiaoqing@hotmail.com

Posted in: Columnists

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