Adam Schiff faces ethics complaint for political ad one day after announcing Senate campaign

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Rep. Adam Schiff (D-CA) is facing an early obstacle to his 2024 Senate bid after a nonprofit ethics organization filed a complaint to the Office of Congressional Ethics accusing the California Democrat of using government resources to boost himself politically.

Schiff announced his intent to run for Senate on Thursday, releasing a campaign video that featured video from then-President Donald Trump’s first impeachment trial in 2019, of which Schiff was the lead prosecutor. The ad prompted a complaint from the Foundation for Accountability and Civic Trust, which requested the Office of Congressional Ethics to investigate whether Schiff “abused official resources for political purposes.”

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“In the present case, Rep. Schiff is clearly using official government video for campaign purposes in violation of federal law and the House ethics rules,” the group wrote in a letter to the Ethics Office on Friday. “The Office of Congressional Ethics is responsible for ensuring each Representative fulfills the public trust inherent in the office and that they comply with the House’s ethical standards. Therefore, we urge the Board to immediately investigate whether Representative Schiff used official resources for campaign purposes in violation of the House ethics rules.”

In his campaign announcement, Schiff used video of him speaking on the Senate floor during Trump’s impeachment proceedings. Ethics rules prohibit members from using government resources in their campaign materials, which include photographs or videos taken from inside the House or Senate.

Some journalists on social media have speculated that because Schiff used video from news outlets, it may be used as a “workaround” to bypass House rules. However, members of the nonprofit foundation argued the House ethics rules extend to “third-party” sources.

“The law is broad — not only is a Member directly prohibited from using the video, but the Member cannot repost from other sources or use video obtained from news outlets,” the group wrote. “This is an important rule because it not only protects taxpayer-funded resources from abuse, but it also protects the integrity of official proceedings by reducing the incentive for Members to make political speeches during official proceedings.”

It’s not yet clear whether the Office of Congressional Ethics will open an investigation into the complaint, and a spokesperson for the office has not yet responded to a request for comment by the Washington Examiner. 

Schiff’s campaign pushed back against the complaint, noting that because the video footage was taken from the Senate floor rather than from the House, it does not violate any ethics rules.

“House Ethics Rules prohibit the use of House floor or committee footage for campaign purposes — the rules do not apply to footage from the Senate, which is what was used in Congressman Schiff’s video,” Lauren French, a spokesperson for Schiff’s campaign, told the Washington Examiner. “No footage from any House proceeding was used in the video, and Congressman Schiff was fully in compliance with House ethics guidelines.”

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Schiff is running to replace Sen. Dianne Feinstein (D-CA), setting the stage for what could be a contentious primary after Rep. Katie Porter (D-CA) announced a campaign, and several other Democrats are reportedly mulling a bid as well. Feinstein has not yet indicated whether she’ll run for reelection, but the 89-year-old is expected to announce her retirement in the coming months.

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