“When a man assumes a public trust, he should consider himself as public property.”

                Thomas Jefferson

Jefferson noted, holding a “public office is a public trust.”  Unfortunately, some elected officials loose sight of this imperative, substituting personal appetites for power, stature or wealth for the ideals of public service. 

In recent decades, a steady stream of charges, from minor ethics violations to serious felonies, have been leveled against high government officials; including a sitting president and vice president and any number of members of Congress.  The latest in this parade of infamy is Congressman Dan Rostenkowski.

Such abuses of public trust seriously undermine our political institutions … as do repeated government failures to prosecute to the fullest extent of the law those who abuse their high offices for whatever reason. 

Events which threaten Rostenkowski date back to the 1991 House post office scandal.  In pleading guilty to a misdemeanor of embezzlement, the former House postmaster implicated the House Ways and Means committee chairman in a scheme to mask illegal cash payments to him as alleged postage stamp purchases.

Justice Department officials subsequently widened their investigation of Rostenkowski, uncovering other questionable activities including his district hiring practices, misuse of office expense accounts and improper use of government-leased vehicles.  As a result of evidence being presented to a grand jury, he finds himself facing potential felony charges.

While no indictment has yet been handed down, public speculation, media attention and his recent primary campaign elicited vehement denials from the Congressman.  When and if formally charged, Dan Rostenkowski will be entitled to a presumption of innocence.  To be convicted, a jury must be convinced of his guilt “beyond a reasonable doubt”.

Therefore, it’s disturbing to note Rosty’s attorney has approached the office of the investigating U.S. Attorney to negotiate a plea bargain.  It’s hard to conceive of anyone, particularly a powerful Washington insider, seeking a plea bargain prior to an indictment; especially if they’re innocent.  Even to the casual observer, the veracity of his denials are dubious.

Digging deeper, it seems House rules require members indicted of felonies punishable by more than two years in prison to immediately relinquish any committee chairmanships.  If, however, he was to be charged with either a felony whose penalties totaled less than two years or a misdemeanor, his chairmanship could remain in tact … although it could be subsequently stripped by a House censure. 

However, partisan politics are also at stake.

Approval by Rostenkowski’s Ways and Means committee is critical to the President’s health care reform.  A staunch Clinton supporter, he has gone stated, “I will do whatever I need to get at least 20 (of 39) votes in this (his) committee.”  Concurrently, the same coalition of Congressmen so eager to skewer Bob Packwood and other colleagues against whom less serious acquisitions have been brought or rumored, are streaming to Rostenkowski’s defense.

Justice Department prosecutors insist any decision on whether to prosecute Rostenkowski will be based purely on a review of laws violated and a thorough evaluation of evidence of such transgressions.  Yet, with his attorney, Robert Bennett, not coincidentally also representing Bill Clinton, a healthy dose of skepticism is not unreasonable. 

America’s system of jurisprudence is predicated on the concept no individual is above the law.  Moreover, neither one’s previous good deeds or noble intentions can, nor should, excuse violations of the law … including, and perhaps particularly, any abuse of the public trust bestowed on them by the electorate.  Any failure to preserve such  cherished principles threatens confidence in, and seriously weakens our legal system.

Individuals with wealth, power or connections must not be granted judicial treatment or considerations different from that available to their fellow citizens. 

The grand jury investigating Dan Rostenkowski must be left alone to do its work, unfettered by White House, Justice Department or other pressures.  Meantime, it would be a travesty of justice for prosecutors to intervene and/or negotiate a plea bargain prior to any indictments being handed down.

If indicted, Dan Rostenkowski must not be given an easy way out.  Rather, he should be dethroned from his committee chairmanship and stand trial.  If convicted, swift and appropriate sentencing and certain punishment must follow as surely as they would for his “average” constituents.

Meantime, health care reform must survive on its own merits, not as the results or arm twisting by a few, far too powerful, members of Congress.