Cunningham's acts prompt pension-banning bill

By: MARK WALKER - Staff Writer | Wednesday, December 14, 2005 11:18 PM PST ∞

A Nebraska congressman outraged at disgraced former 50th Congressional District Rep. Randy "Duke" Cunningham introduced legislation Wednesday that would bar federal employees convicted of major crimes from receiving government pensions.

But the bill, sponsored by Republican Rep. Lee Terry, would not affect the estimated $40,000 congressional pension that the House Office of Personnel estimates Cunningham is entitled to receive, despite having pleaded guilty on Nov. 28 to bribery and tax evasion.

Cunningham is still entitled to his pension because constitutional law prohibits retroactive application of such a law. The only reasons government employees can now be stripped of federal pensions are for convictions of espionage or treason.

Terry said his legislation was fueled in part by anger at Cunningham and the notion that an admitted criminal who confessed that he violated his oath of office, took more than $2.4 million in bribes and cheated on his taxes is nonetheless entitled to a taxpayer-funded pension.

"My bill is a result of Duke's problems," Terry said in a telephone interview. "There are so many of us in the Republican conference that are just downright angry with him. He was a trusted member of the Republican conference and a trusted member of the House, and he has tainted us all."

That anger boiled to the point that Terry said he and more than a dozen GOP co-sponsors decided to introduce the bill as a reform measure that many public interest groups and others have been calling for Congress to undertake.

"This is the time to do ethics reform," Terry said. "If you are going to abuse your power in office, you should not be able to reap the reward of a pension."

The only California lawmaker who had signed on as a co-sponsor of the legislation is Rep. Devin Nunes, R-Fresno.

Rep. Darrell Issa, R-Vista, and a member of the House Government Reform where Terry's bill was assigned, said he agrees that a look at how federal pensions are guaranteed even to those convicted of crimes is appropriate.

Issa said there are a couple of bills floating around the House similar to Terry's and that he expects some version to emerge from the committee, chaired by Rep. Tom Davis, R-Va.

"It's a legitimate issue and the time has come for Congress to deal with it," he said, adding that he too is outraged at the actions of his former colleague whose 50th District borders Issa's 49th District.

"Unfortunately, Duke Cunningham may always be the example people look to," Issa said. "But Duke didn't just bend the rules, he broke the rules and threw them away and then he lied to all of us about his guilt."

Terry said he wished that his legislation, the Public Trust and Accountability Act, could be applied retroactively so that Cunningham could not get his congressional pension. The bill would amend Title V of the U.S. Code, which now says that a federal government pension can only be taken away if someone has been convicted of treason, espionage or perjury related to lying about crimes intended to harm national security. Terry's bill would apply to all federal employees.

Now in his third term, Terry, an Omaha resident, said that Cunningham's acceptance of bribes and cheating on his taxes between 2001 and 2005 damages every member of the House and Senate, regardless of party affiliation.

"It really injures the whole institution," he said. "It reinforces the incorrect notion where people look at this case and just say, 'Well, they're all crooks,' when in truth incidents like this are rare."

Co-sponsors decided to introduce the bill without notifying House leadership, Terry said.

Ron Bonjean, a spokesman for House Speaker Tom Hastert, R-Ill., said he has not yet seen the legislation and could not comment.

In the Washington office of the watchdog group Taxpayers for Common Sense, spokesman Keith Ashdown said the bill is a good, if small, first step in bringing reforms to what has been an ethically challenged year for the House of Representatives and the GOP.

"It's not a 60-yard touchdown pass, but it does start to move the ethics ball down the field," he said, adding that Republicans would be smart to endorse the bill and take the momentum from Democrats on ethics reform.

The leader of another watchdog group, Citizens for Responsibility and Ethics in Washington, which called for legislation such as Lee's shortly after Cunningham pleaded guilty on Nov. 28, had praise for the bill, but also encouraged Congress to consider stripping Cunningham of his pension.

"It should be taken away," said the group's executive director, Melanie Sloan. "Members of Congress who betray the public trust should not have the right to expect any public support in the future."

In addition to his congressional pension, Cunningham is entitled to a military pension for his career as a U.S. Navy pilot.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.