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Time - Man of the Year
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1992-10-19
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NATION, Page 29CONGRESSWhy Foley Stood Idle
Faced with an odious whispering campaign, he refused to act
against the House bank's proprietor
By NANCY TRAVER/WASHINGTON
It was a moment House Speaker Tom Foley must have dreaded
since the congressional check-kiting scandal hit the headlines
last year. Texas Democrat John Bryant stepped up to the lectern
and said, "For Tom Foley, political leadership is not a
responsibility which he relishes. I call on [him] to retire."
Bryant was publicly voicing what a growing number of House
Democrats have been saying behind closed doors. To them, Foley
could have cleaned up the House bank before it grew into the
most damaging congressional scandal in decades. Instead, he has
exposed them to ridicule -- and possible defeat this November
-- by failing to crack down on former House sergeant at arms
Jack Russ, whose sloppy oversight of the now defunct bank
permitted members to write overdrafts long after Russ had
assured the Speaker that new procedures to prevent such abuses
had been installed. Even after Foley was warned by comptroller
general Charles Bowsher in 1989 that Russ himself had bounced
$104,825 worth of personal checks at the bank, the Speaker made
only one try to remove him.
Foley's stab at dislodging Russ came in September 1990,
nine months after Foley learned about the extent of check
kiting at the House bank. Foley lacked the power to fire House
officers, who are elected by the entire chamber. Rather, he
tried to rewrite the rules of the House Democratic Caucus so
that the Speaker, and not the caucus, would draw up the list of
nominees for those jobs. Foley argued that the change would
allow the Speaker more control over the administrative arms of
Congress.
But the caucus rejected Foley's proposal, and the Speaker
abandoned it. Some caucus members wanted to protect Russ, a
back-slapping extrovert who had built a network of bipartisan
support by doling out favors to members during his 25-year
career on Capitol Hill.
For the next year, Foley did nothing to determine if Russ
had followed through on his pledge, made in December 1989, to
tighten the bank's check-writing policies. The scandal reached
the front pages in September 1991, when the General Accounting
Office reported that lawmakers had overdrawn their accounts
8,331 times between July 1989 and June 1990. Foley still did not
punish Russ. As he explained in an interview last week, "I had
no authority to fire Russ. I could have asked him to resign, I
suppose, but I couldn't dismiss him. And what I was seeking to
do, in the early months of my speakership, was to restore a
sense of calmness and comity to the House." Russ finally
resigned last month.
That noncombative stance was characteristic of Foley, a
gentle man who shuns confrontation. But Foley had another reason
for being wary of Russ. In 1989 Russ obtained an FBI report in
which a jail inmate claimed that he had a homosexual
relationship with Foley and threatened to kill him. The FBI
concluded that the allegations were baseless, but the report was
passed to Russ, who helped oversee security for the House.
Later that year Texas Democrat Jim Wright stepped down as
Speaker after becoming embroiled in an ethics scandal. As House
majority leader, Foley was the logical successor to Wright. When
some Congressmen sought to reassure themselves that Foley was
"squeaky clean," they asked Russ if he had any damaging
information about him. Russ told them about the FBI report.
At least two lawmakers, Ways and Means chairman Dan
Rostenkowski and House Budget chairman Leon Panetta, went to
Foley and asked if he was gay. Congressman Barney Frank, a
Democrat from Massachusetts who is openly gay, told Russ to stop
discussing the FBI report. Russ himself has denied ever
spreading stories about the report. As the whispers swirled
around Capitol Hill, a staff member at the Republican National
Committee wrote an insinuating memorandum to state party
officials that described Foley as "coming out of the liberal
closet." In private meetings with colleagues and at press
conferences, Foley denied being homosexual.
The controversy died down, and Foley was elected Speaker
in June 1989. Last week Foley acknowledged that he knew in 1989
of Russ's role in spreading the FBI report, but he did not take
action against Russ. As a source close to Foley explained, "If
we had moved against Russ -- a guy with plenty of friends among
lawmakers and the press -- that would have sent the FBI report
soaring right back into the headlines. There was no way we
wanted to start down that road again."
In an attempt to deflect attention from the House
imbroglio, Foley has called for a review of Executive Branch
perks and has created a bipartisan task force to recommend an
overhaul of congressional operations. He brushed off Bryant's
demand for his retirement by vowing to run for another term as
Speaker. If he had shown the same zeal in dealing with Jack
Russ, his re-election would not be in doubt.