Special Congressional Treatment?
By Marc Rotterman

It seems that everyday some politician has got himself or herself in one kind of a jam or another.

Consider the recent misadventures of Congressman Patrick Kennedy and Congresswoman Cynthia McKinney and the privileges being accorded to them by virtue of their office.

The case of Patrick Kennedy’s mysterious 3am Capitol Hill car crash where he slammed into a barricade after nearly hitting a police officer with his car lights out is worth examination.

According to the police, Mr. Kennedy staggered from his car and was quoted as saying he was on his way to vote.

In a remarkable coincidence, claiming to be on his way to a vote would have made it illegal to arrest the Congressman and subject him to any sobriety test, since the Constitution states that Senators and Representatives "shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same."

The only problem with that part of his story was that it was 3am in the morning and Congress was not in session.

The Capitol Hill police on the scene said they smelled alcohol on young Mr. Kennedy and wanted to administer a breathalyzer test, but were overridden by their superiors who stepped in, relieving the officers at the scene and driving the staggering Kennedy home.  

There are reports that a complaint has been filed with the union over the supervisors coming in. Evidently, the Capitol Police have a bit of a generation gap between the older supervisory ranks, accustomed to treating Congress like royalty, and the post September 11 recruits (many of them ex-military) who may see their job as protecting the Capitol from terrorists  and who believe that the same rules should apply to everyone.  

Mr. Kennedy’s story changed numerous times during the next twenty four hours but finally he and his advisors landed on the “Ambien excuse.”

It seems Mr. Kennedy and his staff must have gone into damage control mode, ran across a series of well-publicized stories that appeared in the popular press documenting a new phenomenon, people driving dazed after becoming disoriented by the prescription sleep medication and Ta Da -- the “Ambien excuse.”

Mr. Kennedy called a press conference and stated “Apparently, I was disoriented from the medication.” He also announced that he was seeking treatment for addiction to prescription drugs at the Mayo clinic.

No longer was Patrick Kennedy drinking and driving, Patrick Kennedy was a ‘victim.” His medication made him do it.

This might be plausible had Patrick Kennedy not had a history of trouble including treatment in 1986 for cocaine use and most recently being accused of shoving an airport security guard at Los Angeles International Airport when she tried to make him check his bag.

And then there is the case of the Congresswoman Cynthia McKinney from Georgia who just can’t get a break these days. It seems that Ms. McKinney believes that security rules and procedures do not apply to her.

For security purposes, all members of Congress are given a lapel pin that helps the Capitol Police identify them. It also affords Members the courtesy of not standing in line and going through a magnetometer scan as all other mere mortals do when they enter the Capitol complex.

In March, Congresswoman McKinney tried to bypass a metal detector while walking into a House office building without her lapel pin.  

The officer involved in the incident, asked McKinney three times to stop. After she refused, the officer reportedly placed a hand on her and she hit him with her cell phone.

In an effort to get her side of the story out, Ms. McKinney called a press conference and said that the altercation between her and a U.S. Capitol Police officer was instigated when she was inappropriately touched and stopped.

James Myart, the Congresswoman's attorney, said "Ms. McKinney is just a victim of being in Congress while black." The Capitol Police declined to comment, noting that the case is under investigation.

A week later Ms. McKinney, realizing that she had virtually no support from her Democratic colleagues, marched on the House floor and stated "There should not have been any physical contact in this incident.  I am sorry that this misunderstanding happened at all, and I regret its escalation and I apologize." She said she would vote for a resolution expressing support for the efforts of Capitol Police. McKinney's apology came as a District of Columbia grand jury began hearing testimony related to the confrontation.

It seems to me that both members of Congress refused to take responsibility for their actions. 

It is also clear, that McKinney and Kennedy both received preferential treatment from the police.

There is no royalty in America and neither Democrats nor Republicans should receive preferential treatment that would not be accorded to the average citizen.

Marc Rotterman is a senior fellow at the John Locke Foundation and treasurer of the American Conservative Union.

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