House G.O.P. Acts to Protect Chief
By CARL HULSE

Published: November 18, 2004

WASHINGTON, Nov. 17 - Spurred by an investigation connected to the majority leader, House Republicans voted Wednesday to abandon an 11-year-old party rule that required a member of their leadership to step aside temporarily if indicted.

Meeting behind closed doors, the lawmakers agreed that a party steering committee would review any indictments handed up against the majority leader, Representative Tom DeLay of Texas, or any other members of the leadership team or committee chairmen, to determine if giving up a post was warranted. The revision does not change the requirement that leaders step down if convicted.
        
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The new rule was adopted by voice vote. Its chief author, Representative Henry Bonilla of Texas, said later that only a handful of members had opposed it.

The Republicans' old rule was adopted in August 1993 to put a spotlight on the legal troubles of prominent Democrats. Mr. Bonilla said revising it had been necessary to prevent politically inspired criminal investigations by "crackpot" prosecutors from determining the fate of top Republicans.

"Attorneys tell me you can be indicted for just about anything in this country, in any county or community," said Mr. Bonilla, an ally of Mr. DeLay. "Sometimes district attorneys who might have partisan agendas or want to read their name in the paper could make a name for themselves by indicting a member of the leadership, regardless of who it may be, and therefore determine their future. And that's not right."

Mr. DeLay said he had not instigated the change. But he applauded it nevertheless, saying it could deprive "political hacks" of an ability to influence the makeup of the Republican leadership.

Republican lawmakers "fixed the rules so that Democrats cannot use our rules against us," he said.

Mr. DeLay said he did not expect to be indicted, but added, "This has nothing to do with whether I was going to be or not going to be.''

The comments of Mr. DeLay and Mr. Bonilla were clearly directed at Ronnie Earle, the district attorney in Travis County, Tex., including Austin, who won indictments earlier this year against three political associates of the majority leader. The investigation by Mr. Earle, a Democrat, involves charges of illegally using corporate money to help Republicans win state legislative races in 2002. Those Republican victories in turn gave the state party enough legislative muscle to win redistricting changes that helped Congressional Republicans gain five additional seats in Texas on Nov. 2.

Despite the indictments of his associates, Mr. DeLay has not been called to testify, and Mr. Earle has not said whether the congressman is a target.

Not all Republicans agreed with Wednesday's rule change, which was adopted after some two and a half hours of debate.

"This is a mistake," said Representative Christopher Shays of Connecticut.

When the Republicans gained control of the House in the elections of 1994, "we were going to be different,'' Mr. Shays said.

But "every time we start to water down what we did in '94," he said, "we are basically saying the revolution is losing its character."

Democrats and outside watchdogs bitterly criticized the change.

"Today Republicans sold their collective soul to maintain their grip on power," said Representative Steny H. Hoyer of Maryland, the Democratic whip. "They unabashedly abandoned any pretense of holding themselves to a high ethical standard, by deciding to ignore criminal indictments of their leaders as reason for removal from leadership posts in the Republican Party."

Fred Wertheimer, president of Democracy 21, a group that follows campaign finance issues, said: "With this decision, we have gone from DeLay being judged by his peers to DeLay being judged by his buddies. It's an absurd and ludicrous new rule and an affront to the American people."

Republicans said Democrats had no standing to criticize them, since House Democratic rules have no provision to remove indicted party leaders, though they do require indicted committee chairmen to step aside. The minority leader, Representative Nancy Pelosi of California, said Wednesday that her party would quickly expand the provision to cover leadership posts as well.