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National

Crow introduces bill to deny Congress members’ pensions for sexual misconduct

[gazette.com – 12/21/20]

U.S. Rep. Jason Crow was among the representatives on Friday to propose denying members of Congress their annual retirement payments if convicted for sexual misconduct.

“As a soldier I learned that leadership starts with the example you set. I have long believed that members of Congress must be held to the same standard as our men and women in uniform,” said Crow. “However current law gives a pass to those in Congress. Sexual abuse is a crime and we must ensure it is treated like one and hold those in power accountable for their actions.”

Crow’s office indicated that the inspiration for the bill was the system in the U.S. military, in which a service member who is convicted of sexual misconduct and receives a dishonorable discharge loses retirement pay.

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Can’t argue with this one. The logic is flawless.

As long as its not retroactive. Retirement is a vested property right, and once vested cannot bw taken away by legislation without violating due process. Mitchell v Roberts, 2020 UT 34.

Amen. As long as it’s not retroactive.

John DoeUtah
I have to disagree with you on this. We suffer every day through retroactive laws. They should be no different. Many of them know that they will essentially get away with their offenses because of their position. They need to be held accountable in the same way they think their actions hold us accountable. In other words, ‘What’s good for the goose, etc. etc.’ Money seems to be the way to get a politician’s attention.
BTW, armed forces members can loose their retirement if found guilty of an offense after retiring, and they have much more vested than congressmen.

Yes, know retired military members can lose their retirement deferred pay if charged and found guilty. Point was “military members should be like vested politicians or politicians like deferred pay retired military members?” which is the point of this bill.

I haven’t been able to read the bill and would like clarification. Would the bill take away retirement benefits for congresspersons convicted for “sexual misconduct” that occurred after they left office, or only for such conduct that occurred while in office? Can military retirees lose retirement pay years later if they are convicted for sexual misconduct? If so, what about other felonies?

If the answer to the first question is in the affirmative, I am solidly against the bill, because it would be one more step toward increasing punishment of registrants. If former members of Congress can lose retirement pay, why not apply the same logic to social security recipients, to those with military disability, or any government benefits?

Singling out sex offenses from all other felonies is always a bad idea, and just reinforces the misconception that sex offenses and offenders are somehow deserving of ever harsher punishment.

Veritas.

@Ed C

The bill states a member of congress, which implies a current member, not prior or former.

Why not all felonies instead of only certain ones (see bill website)? Can follow it here:
https://www.congress.gov/bill/116th-congress/house-bill/9001?s=1&r=1

WRT retroactive point and retirement property right, unfortunately it does not apply to ret’d military members since they are technically receiving deferred pay once they retire (Barker v Kansas https://supreme.justia.com/cases/federal/us/503/594/)

Given it’s a vested right as decided by case law now noted above, why can’t a military member be considered vested in it, which they are technically, and not classified as receiving deferred pay? Should a fed employee be classified the same, including elected officials who are classified as federal employees, with deferred pay? Are military a special class, yet again?

There is now introductory text of this bill posted online. The convicting act must be perpetrated by the Member of Congress, hence they have to be a Member of Congress as written to receive the Congressional pension. This bill has two co-sponsors with Jackie Speier, D-CA, and Elise Stefanik (NY) being the two. Would be nice to know what certain convictions qualify for pension removal.

After some digging, the related offenses in this bill Rep Crow references are in 18 USC 109A (https://www.law.cornell.edu/uscode/text/18/part-I/chapter-109A)

§ 2241. Aggravated sexual abuse
§ 2242. Sexual abuse
§ 2243. Sexual abuse of a minor or ward
§ 2244. Abusive sexual contact
§ 2245. Offenses resulting in death
§ 2246. Definitions for chapter
§ 2247. Repeat offenders
§ 2248. Mandatory restitution

So this Crow fellow introduced this bill and yes sexual misconduct could be anything that offends a person of the same sex or opposite, or would sexual misconduct be like sexual abuse or the same type. So where does this abuse of power come in? Its as if everyone on here is adhearing to this registry cliff hanger and others are trying to be paralegals.

Seems everyone has some answer to this judisprudence ordeal of this registry try-angle or the mysteries of how government floats its boat in much of this sextortion. While opinons are an everybodies got one – Sure truth is better or are we all strangers to governmental law in this sex registry affair. So who is judging who or who is leading one down the primrose lane?

Many people got onto me when I first became involved in all this. I’m sure they thought a Christan involved in this type of thing should never happen. Look at the christans in government or who is slaping the person on the cheek and who is turning the other cheek. Maybe some involved in all this should get the true meaning of slapping the person on one side of the cheek to get a better prospective of all this registry. So how’s one’s misconduct doing? or who is out of line in all this sexual vain jangling.

Guess it does take two to tango or should one wonder if the pen is mighter than the sword or the Word mighter than the sword. Understanding and wisdom goes a long ways.

Will their taxpayer hush money fund be a thing of the past? Nothing drives me crazy as a bunch of do gooders pointing their finger at us; while they are doing similar things. Come on lawmakers confession is good for soul and acceptance is the first key towards success.

Brandon. I like that “Do goodies”. I would have to say your right on that one and of course I’m sure this Crow guy will get a bit of flack from this bill he proposes also. I was in Wal-mart today to exchange an ink cartriage as I got the wrong model #. In leaving the store I ran into the mgr. and we greated and he said well James haven’t seen you in years are you staying out of trouble and I told him the bible says we are all born into trouble. We butted hands together and went on my way. Yes he was glad to see me.

Yes Brandon you are right Mankind can stir up a lot of trouble and even government doesn’t walk the chalk in many ways. Maybe the best thing is like the Cool hand luke of taking the heads off of parking meters but even that would get one into trouble with some type of abuse of property.

Lets just hope the New Year with a new President brings good in all this and I’m sure Janice and her team are looking for positive things in this sex offender scar on true justice gone a bit overboard.

Eat Crow!!!

This just goes to show that in America its only wrong if you get caught..SMH

Good luck

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