Cross posted from The Hill.

Believe it or not, leadership of both parties was able to find people willing to sit on the Office of Congressional Ethics (OCE). Although we would have preferred that fewer than half the nominees be former members, this is another step toward finally having an independent body involved in investigating ethics complaints in the House. Hopefully, the appointees can make the OCE into an effective investigative body free from partisanship.


Ethics complaints in Congress were at one time used as political weapons. Then we had the ethics truce. The idea behind the OCE is that it will finally allow ethics complaints to be taken seriously by individuals who aren't in some way connected with the accused. At the time of its passage, Common Cause noted that the success of the new office depended entirely on the appointment of individuals who would aspire to being as non-partisan and objective as possible. Hopefully, these distinguished nominees will fulfill that goal in their service on the OCE.


Unfortunately, the Senate chose not to create a similar body in that chamber, even though the Senate Ethics Committee has hardly been any better at investigating possible misconduct of its members. As we have said before, unethical behavior does not have to rise to the level of illegal behavior. Nevertheless, Senator Ted Stevens has been indicted on seven criminal counts of possible corruption in a case that has been in the news for some time. Yet, the Senate Ethics Committee hasn't weighed in on any of that. Hopefully the OCE will be a more proactive than the Ethics Committees in the House and Senate have been so that it doesn't take a criminal indictment to get its attention.

It's been a tough few years for "we the people."

We've endured repeated abuses of power by the Executive Branch of our government. Time after time, we've watched Congress fail to stand up for what's right. We've seen the very symbols of our democracy tarnished, as our nation's reputation suffers at home and abroad because of these abuses.

So today, Common Cause is launching a campaign to Recapture the Flag and unite us around the promise and hope of America.

Join today by signing our petition!

The Recapture the Flag Petition reads:

Click here to sign the petition today!

America can, and must, hold fast to the values that have made this country great - freedom from tyranny, respect for individual liberty and government based on the rule of law.

Let's make it clear that We The People expect no less from the next President and Congress.

Our goal is to gather 25,000 signatures before 4th of July. You can help us get there. But you have to act now.  Please add your name today.

Cross-posted from The Hill Blog.

The rewrite of the Foreign Intelligence Surveillance Act of 1978 recently passed by the House (H.R. 6304) deals with some of the Bush Administration's more Constitutionally challenged activities. Recognizing the role of the Judicial Branch, for instance, is a good idea. The Administration's claim that Congress' authorization of force after 9/11 somehow implicitly allowed the White House to operate a wiretapping program in this country outside the court system has always stretched credulity.

Unfortunately, though, the Democrats caved to the White House by giving the telecom companies a get-out-of-jail-free card for handing over private information about American citizens to government agents. I think most Americans would consider having their phone conversations secretly recorded and handed over to the government an example of unreasonable search and seizure. If this legislation is signed into law, all of the Americans who sued these telecom companies in protest will never have their day in court. As there are no Senators willing to stop this bill, we expect that chamber to also pass it.

From a broader perspective, this bill amounts to a legislative affirmation of the Bush White House's systematic disregard for our civil rights and our Constitution. This Administration has illegally used warrentless wiretapping to spy on Americans.  It has suspended habeas corpus.  It has engaged in illegal torture.  Through signing statements, the President has declared publicly he will not comply with aspects of laws he finds disagreeable.

I think the Bush White House believes it is above the law. It has made a practice of ignoring the courts and Congress in the name of national security. It is time for Congress to start acting like a co-equal branch of government and start asserting its Constitutionally mandated role of overseeing the Executive Branch.

I've been hearing from lots of people all across the country who are joining our campaign for a Fresh Start for Democracy.  I want to share with you some special words from two of them.  

One of them is esteemed actor and former National Endowment for the Arts Chair Jane Alexander. Here are some of her inspiring words:

You can read the rest of Jane's message here.

Now let me take you from the NEA to the NBA. Another intriguing supporter of our Fresh Start for Democracy campaign is Adonal Foyle, NBA player and founder of Democracy Matters.

Like Jane, he has given me permission to share his moving words with the Common Cause community.

Click to read Adonal Foyle's complete statement.

I hope you will take the words of these two American leaders from very different spheres of life to heart. And I hope you will join them and thousands of others in signing our Fresh Start for Democracy petition today.

Please share your own vision for a Fresh Start in the comments.

From time to time, it is helpful to reflect on the vision of John Gardner in shaping the formation of Common Cause.  I share the following quote from John Gardner's book, "Morale," published in 1978, found on page 23, titled "Rebuilding":


Interesting words for the Common Cause community to reflect upon as we seek to Get It Straight In 2008.  Thanks for all that each of you are doing to help Common Cause.

After years of war, corruption, abuse of power, and disregard for the Constitution and the rule of law, the American spirit has taken quite a beating.

It's time for renewal, time for civic-minded people all across America to join in launching a fresh start for democracy in 2008.

We need to lift our sights, renew our passion for participation and act together to restore democracy's promise.

That is what Common Cause's Fresh Start for Democracy Campaign is all about.

In this critical year of transition for our country, we can't settle for modest improvements.  We need fundamental change. Rampant corruption doesn't need to be scaled back.  It has to be ended.  Abuses of power don't need to become less blatant.  They need to disappear.

We're not looking to weaken the hold that special interests have on American politics.  We're out to break their grip once and for all.

In 2008, we've got a fundamental choice to make: Will we settle for modest change and incremental gains?  Or will we demand the broad, all-encompassing fresh start for democracy that our country so urgently needs?

As it should be in a democracy, it's up to us.  I urge you to join Common Cause in an all-out effort to reclaim the full promise of our democracy.

Together, I know that we can spark a movement capable of producing the broad, powerful changes we need to enliven civic life in America and produce genuine, deep-seated progress on issues that will define our future.

That's the promise of democracy.  Let's work together to achieve it.

What's your vision for a "Fresh Start for Democracy"?  Please leave your answer as a comment.

Cross-posted on The Hill Blog.

Sen. Ted Kennedy (D-Mass.) said it best today as the Senate Judiciary Committee voted to approve the nomination of Judge Michael Mukasey as attorney general

"He will, in fact, enforce the laws that we pass in the future?" Kennedy said, mocking the assurances Mukasey gave to Sen. Charles Schumer (D-N.Y.) that he would enforce an anti-torture law if Congress were to pass one. "Can our standards have really sunk so low? Enforcing the law is the job of the attorney general. It's a prerequisite, not a virtue."

Enforcing the law is even more important in a Justice Department that has been badly damaged by an attorney general who put partisan loyalty above the rule of law. The nation cannot afford to have that happen again. Yet by refusing to be clear in his answers on whether he considers waterboarding illegal, Mukasey gives no assurance that he would do anything differently than his predecessor, Alberto Gonzales.

Common Cause is urging the full Senate to vote AGAINST Murkasey's confirmation, and the organization is far from alone.

Four retired Judge Advocates General (JAGs), the legal arm of the U.S. military, declared unequivocally in a letter to Sen Patrick Leahy (D-Vt.) that "waterboarding is inhumane, it is torture, and it is illegal." Twenty-four retired US intelligence officers have also weighed in, asking that the Senate Judiciary Committee hold the nomination until Mukasey clarifies his remarks. Four retired generals have also written to Leahy, agreeing that water boarding is illegal torture in all circumstances.

Judge Mukasey's disingenuous responses about torture show a contempt for Congress and a disturbing willingness to turn his back on the law when the alternative - acknowledging illegal torture - could have troubling implications for the President who nominated him.

The Senate should do the right thing for the country and for the beleaguered Justice Department and reject Mukasey and continue searching for a suitable nominee.

Cross posted on Talking Justice.

One year from now, we'll be at the climax of the longest and most expensive federal campaign cycles in history, looking in our national rearview mirror at a $1 billion presidential race and another $1 billion spent on races for the House and Senate.

One billion dollars.  The vast majority of it will come from wealthy donors writing large checks, no doubt demanding access to and influence on the winners once they sit behind their desks in Congress, or in the Oval Office. And who will say no to them? Those newly re-elected or newly elected lawmakers will already be worried about finding money to run their next campaign. That is how the fundraising arms race works.

Put all that fundraising activity against the backdrop of our national needs.

We need a solution to the health care crisis, a plan to address global warming, an honest debate on our foreign policy, and much more. The last thing we should have is members of Congress spending more than 30 percent of their time and energy fundraising. I'm not interested in watching another year of endless political money raising, as average voters feel further alienated from their own democratic government.

We need to Get it Straight in 2008. We won't be able to address health care or global warming without removing the influence of big money in politics. So that's what we must do. Public financing of campaigns, or "Fair Elections," allows candidates who show a broad base of public support to receive public funding to run a competitive campaign. Once in office, those same candidates feel accountable to the voters of their district, not their major donors. Imagine electing our legislators based on ideas and appeal to voters, rather than on who can raise the most money. That's not a bad picture.

Maine, Arizona, and Connecticut already use voluntary, full public financing systems for all of their statewide races. But to Get it Straight in 2008 we can't stop there. We need to change the way we finance campaigns across this country, from cities to states to Congress, where the bipartisan Fair Elections Now Act was introduced this year by Sen. Richard Durbin (D-IL) and Sen. Arlen Specter (R-PA).

Just over a week from now, Nov. 12-16, is Fair Elections Action Week, when people and organizations from around the country that support public financing will take actions to show their support for this ultimate campaign finance reform.

If you agree we need action on health care, global warning, education and other critical issues, please join us in showing you want a change. Join the campaign to make Fair Elections Action Week a step toward a fairer democracy in which all voters--regardless of the size of their wallets--have an equal voice. You can simply sign your name in support, or choose an activity that will be going on somewhere near you to show your support.