2 ethics panel members withdraw from DeLay probe

WASHINGTON — Republicans backtracked in an ethics controversy Wednesday for the second time in two weeks, deciding that two GOP members of the ethics committee should withdraw from any investigation of Tom DeLay because they contributed to the majority leader's legal defense funds.

The decision followed months of Democratic complaints that Speaker Dennis Hastert appointed Republicans Lamar Smith of Texas and Tom Cole of Oklahoma to make the panel more favorable to DeLay, R-Texas.

Smith and Cole replaced two Republicans who voted to admonish DeLay on three separate matters in 2004. Hastert also had refused to reappoint the former Republican chairman of the committee, Rep. Joel Hefley of Colorado, who presided over the rebukes. Hefley had asked to remain chairman this year even though his term had ended.

Ethics committee Chairman Doc Hastings, R-Wash., Smith and Cole issued separate statements saying the recusals would avoid any questions of partiality.

The statements followed a meeting where the evenly divided panel formally adopted investigative rules, allowing itself to initiate investigations and receive complaints of member misconduct.

Last week, Republicans retreated from the investigative rules they had adopted in January without Democratic support. After Democrats complained that the rules were designed to protect DeLay, the GOP caved in and allowed a vote to reinstate rules that had been in place for a decade.

DeLay is certain to face an ethics inquiry this year, because he has requested one.

Questions have been raised about whether Jack Abramoff, a lobbyist now under criminal investigation, paid for foreign travel by DeLay and several aides — despite House rules prohibiting lawmakers from accepting travel expenses from lobbyists.

DeLay has said he had no knowledge that Abramoff, or any of his clients, paid for travel and told reporters he's ready to provide the committee years of travel records.

Hastings, the chairman, said the Smith and Cole contributions to DeLay's legal defense funds "raised doubts — however unwarranted — about whether those members would be able to judge fairly allegations of impropriety against Mr. DeLay."

DeLay has had several funds over the years to help him defend himself in different controversies.