A nonprofit group said yesterday it is filing an ethics complaint against U.S. House Speaker John Boehner, R-Ohio, over how he and other House Republican leaders plan to pay for litigation over the federal Defense of Marriage Act. The ethics complaint is the latest volley in a fight that began in February when President Barack Obama instructed the Justice Department to stop defending the law. House Republicans took up the role, which could involve 11 or more cases in federal courts, and they hired former solicitor general Paul Clement as their lead counsel. Congress was recently granted the right to intervene in Windsor v. United States, 10 civ. 8435, a challenge to the act filed in the Southern District (NYLJ, June 3). Mr. Clement was granted permission to intervene
The complaint by Citizens for Responsibility and Ethics in Washington (CREW), alleges that the $500,000 contract hiring Mr. Clement violates federal law because it obligates the House General Counsel’s Office to pay out more money than it is supposed to receive under its latest appropriation. Melanie Sloan, the group’s director, signed the complaint, which is addressed to the Office of Congressional Ethics.
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