Timing of Sen. Ensign resignation raises questions

By Cristina Silva

Associated Press

Published: Saturday, April 23 2011 12:00 a.m. MDT

In this June 16, 2009 photo, Sen. John Ensign, R-Nev. speaks at a news conference at the Lloyd D. George Federal building in Las Vegas. Ensign announced he will resign amid an ethics investigation. Ensign said Thursday, April 21, 2011, he will send Vice President Joe Biden a letter Friday making the resignation official. He said he has not violated any laws or rules, but said he could no longer subject his family, friends and constituents to further investigations. The Republican, who is under investigation by the Senate Ethics Committee, announced in March that he would not pursue re-election.

Isaac Brekken, Associated Press

LAS VEGAS — The resignation this week by U.S. Sen. John Ensign raised questions about what an ongoing Senate ethics probe has uncovered, while also muddling the field of candidates for congressional seats now held by the GOP headed into a key election year.

The decision to step down marked an unexpected change of heart for the Nevada Republican who as recently as last month said he would remain in office until his planned retirement from politics because he had not violated ethics rules.

"If I was concerned about that, I would have resigned, because that would make the most sense, because then it goes away," Ensign said then as he announced he would retire after 2012.

It's not immediately clear what, if anything, has changed since he made those remarks. An ethics committee official said Friday that neither a vote nor a public hearing had been scheduled in the Ensign investigation prior to his announcement.

Leaders of the Senate Ethics Committee noted tersely that Ensign made the proper decision in turning in a letter of resignation amid their unfinished two-year probe of his conduct.

Ensign, 53, cited "wear and tear" on himself and his family in his announcement Thursday, which came nearly two years after he acknowledged having had an extramarital affair with a former staffer. The ethics probe has explored Ensign's handling of the affair and whether he tried to illegally cover it up.

Ensign's exit protects him from future disciplinary action and questioning. The committee cannot penalize Ensign once he is no longer a senator, and, with the Senate in recess, it is unlikely that the committee will be able to do so before Ensign's May 3 resignation.

But Ensign is not entirely in the clear. It is likely the committee will move forward on the months-long investigation by issuing an embarrassing statement regarding the propriety of Ensign's behavior and the panel could even go so far as to recommend a criminal investigation. It would by a damning, but mostly symbolic, gesture because committee members do not have authority over federal investigators.

Ensign's looming departure also casts a new sense of urgency over Nevada's closely watched Senate race to replace him. After he announced last month that he would not seek re-election, Democrats hoped to claim the seat to protect their fragile Senate majority.

In the meantime, Republican Gov. Brian Sandoval will appoint a successor to serve the remainder of the term through 2012. Sandoval had endorsed Republican Rep. Dean Heller of northern Nevada in the race and is widely expected to name him the incumbent, affording Heller an advantage over Rep. Shelley Berkley, the Democrat's favored candidate.

A Heller appointment to the Senate would require an unprecedented special congressional election in Nevada.

Because of a quirk of Nevada politics, state leaders are uncertain about how to carry out the never-enforced special election law, which does not allow for a primary. Their decision could decide the political fate of tea party favorite and perennial candidate Sharron Angle, who has been running for Heller's seat and could be closed out of the race if party leaders are allowed to pick their general election contestants.

Several national and state Republican leaders have said they hope Sandoval will appoint Heller to Ensign's seat.

Sandoval declined to discuss his selection process Friday, but said he would name a successor while Ensign was still in office.

Berkley and Heller had been evenly matched, with their comparable political credentials and name recognition in Nevada. Wealthy businessman Byron Georgiou is also seeking the Democratic nomination.

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