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ANINDEPENDENTNEWSPAPER EDITORIALS


An ethics watchdog survives But more work is needed to keep Congress honest. H


OUSE REPUBLICANS have made a wise decision in opting to retain the independent, and seemingly endan- gered,Office of Congressional Ethics (OCE). The entity was set up in 2008,


afterDemocrats retook control of theHouse, as an important adjunct to the often dysfunctional eth- ics committee. The existing arrangement is not perfect—for one thing, theOCE lacks the subpoe- na power needed to do its jobmost effectively. But the proof of the office’s usefulness is in the howls it produced fromlawmakerswho felt its sting. The OCE’s existence means that members are


not left to police themselves. The office has the power, without having a lawmaker file an ethics complaint, to initiate investigations and conduct preliminary reviews. In addition, it brings some transparency totheblackholeof the congressional ethics process; if the OCE refers a matter to the ethics committee for furtheraction, the committee is required to make a public statement, within a relatively short time frame, about whether it will proceed. Duringits short existence, theOCEhas conduct-


for Kenya


Will the International Criminal Court help or hinder


a fragile reform movement? T


HE INTERNATIONAL Criminal Court (ICC)hashadadecidedly lackluster record since its creationin2002.The court,which the United States declined to join, has so


far takenonfive cases—all of theminAfrica—but has yet to complete a trial.Most of the suspects it has charged are still at large, notably Sudanese President Omar al-Bashir.Most important, it’s not clear that the court’s actions have donemore good than harm. The indictment of Mr. Bashir on genocide charges, though undoubtedly merited, has complicated efforts to broker peace in Darfur and hindered an upcoming secession referendum in southern Sudan. Rather than pull in his horns, the court’s


prosecutor, Argentine Luis Moreno Ocampo, has grown more ambitious. Earlier this year he used, for the first time, the court’s authority to initiate an investigation, rather than acting on a referral from member states or the U.N. Security Council. His target was Kenya, where intercommunal violence after a disputed 2007 presidential election killed more than 1,000. This month Mr. Ocampo an- nounced that he would seek criminal summonses fromthe court for sixprominentKenyans implicat- ed in the violence, including a deputy prime minister, two other senior government officials and the former national police chief. For the past three years Kenya has been slowly


seeking to recover fromthe violence andthe ethnic tensions it unleashed, with mixed results. In August, a referendum on a new constitution was fair and mostly free of violence; the constitution itself willmake Kenya amore democratic country whenit is fully implemented.However, attempts to establish a national tribunal to try those responsi- ble for the 2007 bloodletting have been blocked,


THOMAS MUKOYA/REUTERS


Supporters ofKenya’s finance minister, UhuruKenyatta, protest the International Criminal Court in Nairobi this month.


and some Kenyans fear that the next presidential election, due in 2012, could trigger a repeat. Mr. Ocampo has now inserted the ICC into this


delicate situation. His aim is to end impunity for the violence anddeter any repetition.Theprosecu- tor diplomatically singled out three leaders from eachof thetwoprincipal sides inthefighting,while leaving their leaders—PresidentMwaiKibaki and PrimeMinisterRailaOdinga—untouched.Rather than request an arrest warrant fromthe court, he askedfor a summons, amildermeasure thatwould not require the Kenyan government to detain the suspects. Nevertheless the first reactions to the action


havebeennegative.TheKenyanparliamentpassed a resolution calling on the government to with- draw from the ICC. The government says it will instead try again to conduct its own trials, which


under the ICC’s rules could supplant its case. That would be the best solution for Kenya and also, probably, for the ICC,which, likeother internation- al tribunals, appears unable to deliver a speedy trial. The danger is that, instead of consolidating the


fragile new political order, the prosecution of senior political figures will drag Kenya back to- ward civil war. President Obama appeared to recognize that threat in a statement he issued on the day ofMr. Ocampo’s announcement, in which he urgedKenyans to cooperatewith the ICC—and also to “remain focused on implementation of the reform agenda and the future of your nation.” Justice for human rights crimes is important; but Kenya’s continued peace and democratic progress is of greater value than another endless prosecu- tion in TheHague.


Killed in the line of duty A tragic spike in law enforcement deaths this year T


HEIR AVERAGE AGE was 41, their average length of servicewas nearly 12 years and, on average, eachleft behind two children.They were the 154 men and six women, all law


enforcement officers,who died in theUnited States in the line of duty this year. This was a startling increaseoverlastyear,andareminderof thedangers faced each day by hundreds of thousands of federal and local officers. The nation they serve too often takesthem,andtheriskstheyencounter, forgranted. PreliminarydatareleasedthisweekbytheNation-


alLawEnforcementOfficersMemorialFund, anon- profit that tracks police deaths, showed a 37 percent increase in line-of-duty deaths over the 117 officers killedin2009.Tragically,thenumberbecameoutdat- edas soonas itwas releasedbecausetherehavebeen at least twodeathsthisweek.Locally, theDistricthad


3Join the debate at washingtonpost.com/localopinions LOCAL OPINIONS


It’s the teachers, not the students, who struggle In “Slappedwith the label ‘lowest achieving,’


a high school turns a crisis into a challenge” [Metro, Dec. 27], those describing efforts by Alexandria’s T.C. Williams HighSchool toimprove stu- dent achievement misstat- ed the problem when they said that low-performing students “struggle” tolearn. For the low-performing stu- dents I teach at Rockville’s Wootton High School, I strive each day to motivate them to overcome their own self-defeating passivity. I’m the one who is struggling. Suchstudents come late to class (if they show up), avoid eye contact and sit as far from the


One ofmybiggest challenges as a teacher is to getmy low-performing students to believe in the empowerment that education provides.


instructor as possible. They take their time getting settled, balk at instructions, losemateri- als, ignore homework and miss appointments for extra help. Most im- portant, they remain sul- lenly disengaged during academic classroom ac- tivities. My three biggest chal-


lenges are to get my low- performing students to believe in the empower-


ment that education provides, to trustme to be working in their best interest and to help them recognize their own potential. Then, when they do truly struggle, I canmake sure they succeed. JenniferMartin, Bethesda


one death,Maryland five andVirginia four last year. The number of deaths is particularly disturbing coming after last year’s 50-year low, and at a time when violent crime is reported to be down. Traffic fatalities were the leading cause, with 73 officer deaths, while firearm fatalities jumped 20 percent from49deaths lastyear to59in2010.Mostalarming were the incidents in which multiple officers were gunned down. These so-called cluster killings ac- counted for nearly 20 percent of all the fatal shoot- ings. Avarietyofexplanationshavebeenofferedfor the


rise in deaths, fromslashed budgets that have fewer policeworking longer hours tomore distracted and dangerousdrivers.Althoughcrime is onthedecline, fundchairmanCraigW.Floydspokeof the existence ofcriminalswhodon’tthinktwice—indeed,areeven


eager—tokillanofficerofthelaw.Hence,thechilling case in August in the Alaskan village of Hoonah, wheretwoofficershavingacasualconversationwere fatally ambushed; or the June incident in Tampa, where two police officers were killed during an early-morningtraffic stop. Nothingiseverroutineaboutpolicework.Justask


the families of those who lost loved ones. In the District, that would be the family of Officer Paul Dittamo; inMaryland, PrinceGeorge’s Cpl. Thomas P. Jensen,MontgomeryCountyOfficerHectorAyala, Baltimore officers James E. Fowler III and Tommy Portz,andMarylandStateTrooperWesleyBrown; in Virginia,RichmondSheriff’sDeputyCarolineGreen, Tazewell County Sheriff’s Deputy Shawnelle Hess, Spotsylvania County Sheriff’s Deputy Dean Ridings andVirginiaStateTrooperMarkD.Barrett.


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Justice


ed 69 inquiries and forwarded 21 to the ethics panel for further review, according to its latest report. Its work led to the admonishment of Rep. Charles B. Rangel (D-N.Y.) for taking a corporate- paid trip to the Caribbean; ethics committee proceedings againstRep.MaxineWaters (D-Calif.) for helping a bank with which she had personal connections; and referral to the Justice Depart- ment for further investigation of the activities of a campaign cash-for-earmarks operation by the now-defunct lobbying firmPMAGroup. The future of the office was in peril no matter


which party held the majority in the 112th Con- gress. This year, 20members of the Congressional Black Caucus introduced a resolution that would have gutted the OCE’s powers, including prohibit- ing it from initiating inquiries without a sworn complaint filed by someone with personal knowl- edge of the alleged wrongdoing and barring re- lease of investigative reports.Republicanswereno fans, either. Arguing against the OCE’s creation, incoming Speaker John A. Boehner (R-Ohio) said, “Wedon’tneedanewlayerofbureaucracy tostand between thosewho break the rules and thosewho


must enforce them.” That layerofbureaucracyhasprovedparticular-


lyeffective—evenif theethics committee toooften dropped a ball passed by theOCE.Meanwhile, the ethics committee is embroiled in a particularly ugly internal scandal, with charges and counter- charges being flung between Democratic and Republicanmembers and staff, the resignation of thepanel’s chief counsel andthe suspensionof two investigators. Whether Mr. Boehner has changed his mind about the OCE or was simply choosing not to pick a fight over ethics, the newRepublican majority is to be commended for its decision to keep this useful watchdog. But the OCE can be effective only as part of a larger ethics process. Now the challenge is to restore some level of functionality to the ethics committee itself.


TomToles is away.


THURSDAY, DECEMBER 30, 2010


LETTERS TO THE EDITOR dletters@washpost.com


Michael Vick, back in the game I volunteer at two local animal shelters. I’m also a


football fan. As such, Iwas both astounded and disap- pointed to read of President Obama’s call to the Phila- delphia Eagles owner to “praise the team for giving [MichaelVick] a second chance . . .” [“OnVick,Obama again steps outside the lines,” front page, Dec. 28]. I don’tbelieve thatMr.Obamaisnaive enoughtobelieve that the Eagles weremotivated by a need to provide a convictedfelonasecondchance.Presidentsandprofes- sionalathleteshaveaspecialplaceinoursocietyasicons for the nation’s youth. This action byMr.Obamamini- mizes the seriousness of the crimes that Mr. Vick committed.


WarrenH.Milberg,Annandale l


Iwasdisturbedby the storyaboutPresidentObama


calling the Philadelphia Eagles’ owner. Obama dis- cussedbothMichaelVick’scomebackafterservingtime in prison for a dog-fighting conviction and themoney- saving use of alternative energy at Lincoln Financial Field, where the Eagles play. Is this how the most powerful leader in the free world spends his day? Chatting about things that could be delegated to low- level staffers?While the article stated that the head of PETAcalledObama “a sports guy,” Iwishthepresident wouldfindawaytobeconsidereda“jobsguy.” JonRochetti,Fairfax


l Inadditiontothepresident’scompliments toEagles


owner Jeffrey Lurie, congratulations should also go to the Atlanta Falcons owner for not shielding Michael Vick and releasing him from his contract on princi- ple.This toughlove enabledMr.Vicktolearnandgrow, and I believe he has.While Iwould never condoneMr. Vick’sabuseofanimals, I, too,amgladthatheisbackin the leagueandshowinghis skillandtalent. I’mhappier whenI reador seegoodstoriesabouthowseriouslyMr. Vickhas takenthesituationandlearnedfromit.Arthur Blank is a huge reason for Mr. Vick’s growth and success.Thankyou,ArthurBlank. WilliamGrubbJr.,Clarksburg


U.S. trials for terror suspects Regarding theDec. 26 editorial “Thenewdetainee


dilemma”: The assertion that federal prosecutions of al-


QaedamemberscapturedinplacessuchasWaziristan “areoutof thequestionnowthatCongresshas forbid- den the transfer of detainees into the United States” wasincorrect.Recentlyadoptedcongressionalrestric- tions onmovingdetainees to trial intheUnitedStates applyonly toprisonersheldinGuantanamo. Despite Congress’s effort to prevent President


Obama frombringing al-Qaeda’s leaders to justice in the United States, he still has the authority to prose- cute in civilian courts terrorism suspects initially detainedinothercountrieswhohaveviolatedU.S. law. This is fortunate because prosecutioninfederal court remains the only reliable, sustainable and unques- tionably legitimate way to incarcerate captured ter- rorists. Compelling Obama to use a system that has repeatedly failed—indefinite detentionwithout trial inGuantanamo—over a systemthat has consistently workedwouldbebothwrong andreckless. TomMalinowski,Washington


Thewriter isWashingtondirector ofHumanRights Watch.


Keep tradition on the books I was saddened to read in the Dec. 27 Style article


“In a digital-age presidency, books live on” that the tradition of printing the public papers of the president could someday end. Today there are numerous models and styles of


electronic book readers available for sale. (I proba- bly have owned or used half of them.) While these may herald doom for cheap paperback novels, no one should think they are capable of re-creating the feeling of history and permanence that comes from holding a printed and bound book. Presidential papers are the history of our nation, and the number of bound volumes sold should not be a factor in their value. We humans have documented our exploits in permanent ways since we painted the story of the hunt on the walls of the cave. Yes, we may need to tighten the federal belt a few notches, but surely there areways to savemoney otherthanbyabandon- ing a tradition that says the actions of our govern- ment are more important than a summer novel. Josh Sawislak, Alexandria


President Obama delivers The central theme of the Dec. 25 front-page story


“Obamalaunchesacharmoffensive”appearstobethat President Obama should strive to bemore like Presi- dentClinton so thatDemocratic funders andRepubli- canlegislatorsdonothavebruisedegos. Let’ssee.Mr.Clintonisthoroughlyoutgoing,andhe


gave us “don’t ask, don’t tell,” failed to deliver on health-care reformandgot impeachedby theRepubli- cans hewooed.Mr. Obama ismore insular by nature, buthasmanagedtoaccomplishamassiveexpansionof health care and eliminate “don’t ask, don’t tell,” and is wringing tough compromises from the Republicans whose feelingsarepurportedlybeinghurt. I’ll take the introvertwho is evidently sustained by


his ties to close friends and family, disdains trivial social interactionandmanagestoget important things done.


EricR.Glitzenstein,Washington


Dreaming on a kiss Regarding the Dec. 26 Outlook commentary


“Sealedwitha kiss—andneuroscience”: As fascinating as Sheril Kirshenbaum’s scientific


explanation of kissing was, the power and signifi- cance of a kiss is still best described by Louis Arm- strong’s 1951 recording of “Akiss to buildadreamon” (music and lyrics by Harry Ruby, Bert Kalmar and OscarHammerstein): Giveme a kiss to build a dreamon andmy imaginationwill thriveuponthat kiss. Sweetheart, I asknomore thanthis, a kiss to build a dreamon. FrancisJ.Gorman,Baltimore


CLARIFICATION Because of an editing error, the Dec. 28 letter from


ThomasBower[“The Smithsonian controversy”] did not identify him as a former employee of the Smith- sonian.Mr. Bower retired in January from a position at theNationalMuseum of AmericanHistory.


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