“Defend institutions. It is institutions that help us to preserve decency. They need our help as well. Do not speak of “our institutions” unless you make them yours by acting on their behalf. Institutions do not protect themselves. They fall one after the other unless each is defended from the beginning. So choose an institution you care about — a court, a newspaper, a law, a labor union — and take its side.”

Timothy Snyder, On Tyranny: Twenty Lessons from the Twentieth Century

Dear John,

These words by Timothy Snyder are words to live by in 2023. The ongoing damage to institutions that protect democracy and the rule of law continues. In some cases, the destruction takes place away from the public eye; yet, left unchecked, it has the capacity to cause great harm.

This week, in an Orwellian set of rule changes, the House of Representatives effectively gutted the Office of Congressional Ethics (“OCE”), the independent, nonpartisan body overseen by eight board members that was created to investigate complaints about members of Congress. 

The new rules set term limits on OCE board members - a move that can essentially leave the OCE unable to do its business if the House fails to fill the openings. In addition, the new rules require that all staff must be hired within 30 days, and that at least four board members must approve staff hiring and compensation. If open positions are unfilled in this tight timeframe, and subsequent openings cannot be filled at all, then the OCE remains understaffed, further rendering it unable to function.

These changes are innocuous on their face but insidious in their impact. Currently before the OCE is a request to investigate lawmakers who participated in the January 6 attempt to overturn the election. More recently, complaints have been filed against newly-elected Congressman George Santos, accused of a myriad of lies about his past as well as violations of campaign finance laws. 

An independent investigative body rendered ineffective by Congressional rules is precisely what Timothy Snyder warns against. We depend on such institutions to protect the rule of law and to ensure adherence to democratic principles vital to a functioning civil society.

It is neither political nor partisan to be alarmed by changes to Congressional rules that undermine efforts to hold members of Congress accountable. 

As members of the legal profession, we took an oath to protect the Constitution. Silence undermines our commitment and enables authoritarian behavior. 

Which institutions will you seek to protect in 2023?

Wishing you a peaceful and healthy 2023, 

Lawyers Defending American Democracy 

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