I find few things more galling than former members of Congress who continue to receive retirement benefits after being convicted of committing a crime during their time in office. As a military officer who has served this country for more than 18 years, I am aghast to discover former congressman William J. Jefferson could depart Washington a convicted criminal and still take home approximately $60,000 a year in retirement pay. A member of the United States armed forces found to have committed similar violations of the public trust while on duty would likely not receive a single dime in retirement benefits -- the same should apply to Mr. Jefferson.
I come to this conclusion after considering how the Uniform Code of Military Justice (UCMJ) would have dealt with Representative Jefferson's multiple indiscretions. This congressionally-mandated code of military criminal law is unambiguous about how behavior such as that exhibited by Mr. Jefferson should be handled.
Let's start with the basics, obeying lawful orders. As an almost 20-year veteran of the House of Representatives, William Jefferson clearly knew graft and bribery were against the law. Nonetheless, in August 2009 a jury of 12 fine Americans found him guilty of committing exactly this kind of offense. On 13 November 2009, Jefferson was sentenced to 13 years in prison for bribery -- the longest stint a congressman has ever been given for such illegal behavior. Furthermore, the court ordered Jefferson repay the $470,000 he is estimated to have received in bribe money. As far as I can tell, he got off easy. According to Article 92 of the UCMJ, Failure to Obey Order or Regulation, "any person is subject to this chapter who -- violates or fails to obey any lawful general order or regulation...and shall be punished as a court-martial may direct." Typically, this includes a reduction in rank, removal from service -- and thereby loss of retirement.
And then there is Article 107, False Statements. According to the congressionally mandated code of military justice, "Any person is subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct." As Representative Jefferson has now been convicted on 11 of the 16 corruption charges the government brought against him, this article certainly applies.
And finally, Article 133, Conduct Unbecoming an Officer and a Gentleman. According to the congressionally-mandated UCMJ, "any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct." This type of violation is considered a "career ender" -- again, resulting in forfeiture of retirement. Given the verdict returned by 12 citizens as "fair and true," Mr. Jefferson has indeed acted in a manner unbecoming an officer and a gentleman.
Given Representative Jefferson's own military record -- an officer in the United States Army from 1969 to 1975 -- and legislative exposure to the UCMJ, it seems only fair to assume he is familiar with the code and its recommendations for handling such violations of the public trust. As such, it seems only too appropriate he be treated in the same manner as an officer who disobeyed posted regulations, made false statements, and thereby was unbecoming, in, and out, of uniform. That is to say, he should be stripped of his office, its privileges, and the retirement pay.
Congress maintains the Uniform Code of Military Justice to ensure officers serving this country conduct themselves in an honorable and just manner. The UCMJ is intended to maintain "good order" on, and off, the battlefield. It is my contention that if this code is considered suitable for those of us in uniform, members of Congress should be willing-and compelled -- to observe similar standards, now. (As some of you may know, in 2007 the House and Senate passed the Congressional Pension Accountability Act. This law revokes the pensions of members who are convicted of certain crimes, including bribery. Unfortunately, the law was crafted so that it only applies to crimes committed after its passage. I can assure you the UCMJ is not so forgiving.)
According to a jury of his peers, Representative Jefferson has clearly not met the high standards Americans expect of all public officials. In fact, he has been found to have knowingly and egregiously violated the public trust so as to line his own pockets. Having thus enriched himself while "on duty," Mr. Jefferson should not be rewarded with a golden watch and bountiful retirement. Instead he should be compelled to suffer the same fate he would have inflicted on members of the armed forces -- be denied all benefits and marched into a cold sunset.