Curing Congress's Ills: Criminal Law as the Wrong Paradigm for Congressional Ethics‪?‬ Yale Law Journal

In this Commentary, Josh Chafetz responds to Paul M. Thompson's criticisms of his proposal for a Congressional ethics oversight body. Chafetz argues that Thompson's position relies on the inapplicable paradigm of criminal law as a model for ethics enforcement. Instead, Chafetz claims, "Congressional ethics is not simply about punishing rulebreakers; rather, it aims to promote public trust in Congress and its members." Under this framework, "it is clear not only that our current system is in shambles, but also that the creation of Congressional Commissioners would be a useful corrective."