Sen. Josh Hawley Fires Back, Files Ethics Complaint Against Seven Democrats

Sen. Josh Hawley, R-Mo., has been under fire ever since he registered an objection to certifying the Electoral College results from a couple states on January 6, the day of the Capitol riot. Both he and Sen. Ted Cruz, R-Texas, the other outspoken critic of the presidential election results in a few swing states, have been on the receiving end of criticism in the media and from other politicians for their actions and votes on the issue.
After seven Democrats filed an ethics complaint against Hawley and Cruz, Hawley fired back with his own counter-complaint. In a separate letter to the seven senators who filed the complaint – Sheldon Whitehouse, D-R.I., Tina Smith, D-Minn., Mazie Hirono, D-Hawaii, Sherrod Brown, D-Ohio, Ron Wyden, D-Ore., Richard Blumenthal, D-Conn., and Tim Kaine, D-Va. – Hawley expressed his outrage.
“I was astounded to see the outrageous personal and partisan attack you labeled an ‘ethics complaint,’” the letter begins. “It is a startling abuse of the ethics process and a direct assault on democratic debate.”
Hawley goes on to explain that using a disagreement over whether a senator can object to Electoral College certification as the basis for an ethics complaint undermines the democratic process.
“In light of the shameful abuse of the ethics process you have deliberately engaged in, I have considered whether I should call for you to resign or be expelled from the Senate,” Hawley wrote. “But I continue to believe in the First Amendment, which the US Supreme Court has repeatedly said protects even ‘offensive’ and malicious speech, such as yours.”
In Hawley’s letter to the Senate Ethics Committee he blasts the seven liberals for their misuse of the ethics process.
“[T]his complaint is none other than a transparent attempt by seven Senators to punish a political opponent for the entirely lawful representation of their constituents. The Senate cannot function if its neutral administrative processes are hijacked for bad-faith ends, but that is precisely what is occurring here,” Hawley wrote.
Interestingly, the seven Democrats admitted in their ethics complaint that Hawley and Cruz were within their rights to object to certifying Electoral College results. But, they argue, the objections were not made in good faith because there was no election fraud. Also, they allege that after the riot interrupted the Senate’s debate on January 6, the two Republicans had a duty to withdraw their objections.
“By continuing to object to the electors after the insurrection, Senators Cruz and Hawley lent legitimacy to the mob’s cause,” the Democrats complaint reads.
Will anything come of either complaint?
The partisan nature of the original ethics complaint, as well as the current 50-50 Democrat-Republican split in the Senate suggests that it is highly unlikely that either complaint will result in any disciplinary action against any of the senators involved.
The complaints will ensure, however, that the partisan rancor in the Senate will continue for the foreseeable future.
Photo from ALEXANDER DRAGO/REUTERS
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ABOUT THE AUTHOR

Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.