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Committee findings exonerate Edwards of sexual misconduct or harassment, his attorneys say

Attorneys for U.S. Rep. Chuck Edwards said in a 15-page response to a House Ethics Committee report recommending that the congressman be censured that the committee "cast aside exculpatory evidence" and "trampled on its own rules and procedures" to 
impose "the most severe punishment ever on a member of Congress for conduct of a similar nature."

“At the outset, it is important to emphasize that the Committee’s findings exonerate Representative Edwards under House Rules governing sexual misconduct or harassment,” said the attorneys, Stanley M. Brand and Andrew D. Herman.

Here are excerpts from Edwards’s response to the ethics report and censure recommendation:

Specifically:

• the Committee concluded that Representative Edwards neither engaged in sexual activity with nor explicitly propositioned any individual staff member;

• the Committee also concluded that the allegations in this matter do not implicate quid pro quo sexual harassment;

• the Committee also concluded that Representative Edwards did not violate federal sexual harassment law;

• the Committee also concluded that Representative Edwards cooperated with the investigation;

• the Committee’s recommendation of censure, an extraordinarily harsh and infrequent punishment, is based solely on vague standards requiring credible behavior and adherence to the spirit of the Rules of the House; the Committee’s recommendation is not based on a direct violation of House rules addressing sexual misconduct Representative Edwards has been denied the opportunity to challenge the factual allegations guaranteed to him under House rules. ... 

The Committee acknowledges that these scurrilous rumors of an affair or sexual misconduct were quickly disproved. However, the Committee continued its investigation into a long-standing working relationship and personal friendship between Representative Edwards and two female staffers which predated his tenure in the U.S. Congress. ... 


Censure is a sanction that, based on counsel’s extensive research, has never been imposed in a situation comparable to the findings stated in this Report. ... 

Members of Congress operate in a meat grinder of public opinion driven by a highly partisan and polarized environment. Members face intensive media coverage often fueled by political operatives who choose to harm a specific Member or political party to advance their own interests. Certainly, the U.S. Congress, including the House Ethics Committee, is currently confronting this charged political environment along with rapidly shifting societal standards. As the Report notes repeatedly, times change and institutions must adapt.

However, some things remain inviolate even in the face of pressure and change. Reliance on legal precedent and compliance with procedural rules protecting notice and an opportunity for an accused to confront allegations of misconduct are hallmarks of the House ethics process.

In this matter, Representative Edwards cooperated with an investigation which he believed would provide him with the right to the standards and rules that had governed all previous matters.

Instead, the Committee has chosen to circumvent those rules in pursuit of an expeditious and unfounded resolution. Members of Congress confronting this matter should be aware that these rights were developed to protect the entire body. When they are ignored, anyone subject to the Committee’s jurisdiction is harmed.

Finally, Representative Edwards emphasizes that he has endeavored to comply with all applicable laws regarding his conduct during his time as a Member of Congress and before. Once more, he states his sincere regret if his conduct caused any staff member discomfort or was unwelcome.