The decision of Rep. Alan Grayson (D., Fla.) to partake in an interview about his Senate candidacy may have violated congressional ethics rules, according to experts on the matter.
On the morning Grayson announced that he would enter the Florida Democratic primary for Senate, the Orlando congressman conducted a campaign-related interview from a computer in his congressional office. The online video interview, which aired July 9 on Huffington Post Live, focused on Grayson’s decision to enter the Florida Senate race.
Engaging in campaign activity—including interviews—within an official office is prohibited, according to former in-house counsel and ethics adviser to senior members of House leadership and House Ethics Rules.
The interview begins by showing Grayson sitting at a computer with flags in plain sight behind the congressman in his Washington, D.C., office. Soon after the conversation began, Grayson goes from appearing on the screen as a video interview to "on the phone" without a single break in the discussion or an explanation from Grayson or the reporter. The interview lasts for 15 minutes and is largely dedicated to his campaign.
Rep. Grayson’s communications director acknowledged that the interview did, in fact, take place within the congressman’s official office.
"Because of the hectic schedule that day, including the last-second calling of lengthy votes about the use of the Confederate flag on federal grounds, the congressman took the interview in his office," Ken Scudder, Grayson’s communications director, told the Washington Free Beacon. "The interview was done on a campaign computer, and there was no attempt to misuse government funds or resources. The congressman will not do any more interviews in his government office regarding his campaign for the U.S. Senate."
When asked why it went from a video interview to a supposed "phone call," Scudder responded he doesn’t know why the designation was changed.
However, according to former in-house counsel and ethics adviser to the two most senior members of House leadership, there is a very clear prohibition from Members engaging in campaign activity within their official office.
"There’s a very clear prohibition on engaging in campaign activity within an official office or using official resources," Elliot Berke, managing partner at Berke Farah LLP and former in-house counsel on ethics to top House leaders, told the Free Beacon. "There’s a very limited exception to that rule that allows a press secretary to answer occasional questions on political matters, but that exception also makes clear that any interview cannot be substantially devoted to the campaign. You could try to argue that exception applies to the member too, but that’s unclear. So if Congressman Grayson gave an interview in his official office or using official resources that was substantially campaign related, that would clearly be a problem."
Berke says even if Grayson did use a campaign computer for the interview, the prohibition extends beyond use of official equipment and prohibits campaign activity within the office as a whole.
"The prohibition on using official resources extends beyond the use of the equipment—it prohibits campaign activity while in the official office too," Berke said.
The House Ethics Manual states that House buildings, rooms, and offices are supported with official funds and are considered official resources. Therefore, they may not be used for campaign or political purposes.
"Members and staff should be aware that the general prohibition against campaign or political use of official resources applies not only to any Member campaign for re-election, but rather to any campaign or political undertaking," the House Ethics Manual states. "Thus the prohibition applies to, for example, campaigns for the presidency, the U.S. Senate, or a state or local office, and it applies to such campaigns whether the Member is a candidate or is merely seeking to support or assist (or oppose) a candidate in such a campaign."
The manual explicitly states offices should be avoided for campaign activities.
"The House buildings, and House rooms and offices—including district offices—are supported with official funds and hence are considered official resources. Accordingly, as a general rule, they may not be used for the conduct of campaign or political activities," the manual states.