U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–006 

" ! HOUSE OF REPRESENTATIVES 115TH CONGRESS

2d Session 

REPORT

2018

115–1041 

House Calendar No. 193 

IN THE MATTER OF ALLEGATIONS 

RELATING TO 

REPRESENTATIVE RUBEN KIHUEN 

R E P O R T 

OF THE

COMMITTEE ON ETHICS 

NOVEMBER 20, 2018.—Referred to the House Calendar and ordered to be 

printed 


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COMMITTEE ON ETHICS 

SUSAN W. BROOKS, Indiana 

Chairwoman 

KENNY MARCHANT, Texas 

LEONARD LANCE, New Jersey 

MIMI WALTERS, California 

JOHN RATCLIFFE, Texas 

THEODORE E. DEUTCH, Florida 

Ranking Member 

YVETTE D. CLARKE, New York 

JARED POLIS, Colorado 

ANTHONY BROWN, Maryland 

STEVE COHEN, Tennessee 

REPORT STAFF 

THOMAS A. RUST, Chief Counsel/Staff Director 

BRITTNEY PESCATORE, Director of Investigations 

MEGAN H. SAVAGE, Counsel to the Chairwoman 

DANIEL J. TAYLOR, Counsel to the Ranking Member 

C. EZEKIEL ROSS, Counsel 

KATHERINE L. DACEY, Counsel 

MOLLY N. MCCARTY, Investigator 

MARK HAMILTON, Investigative Clerk 


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LETTER OF TRANSMITTAL 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON ETHICS, 

Washington, DC, November 16, 2018. 

Hon. KAREN L. HAAS, 

Clerk, House of Representatives, 

Washington, DC. 

DEAR MS. HAAS: Pursuant to clauses 3(a)(2) and 3(b) of Rule XI 

of the Rules of the House of Representatives, we herewith transmit 

the attached report, ‘‘In the Matter of Allegations Relating to Representative Ruben Kihuen.’’ 

Sincerely, 

SUSAN W. BROOKS, 

Chairwoman. 

THEODORE E. DEUTCH, 

Ranking Member. 


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C O N T E N T S 

I. INTRODUCTION ............................................................................................. 1 

II. PROCEDURAL HISTORY ............................................................................... 2 

III. FINDINGS AND CONCLUSIONS .................................................................. 3 

IV. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(c) ......................... 6 

APPENDIX A: REPORT OF THE INVESTIGATIVE SUBCOMMITTEE .......... 7 

APPENDIX B: REPRESENTATIVE KIHUEN’S SUBMISSION TO THE 

COMMITTEE ....................................................................................................... 176 


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1The Committee thanks the Members of the ISC for their efforts and attention to this matter. 

House Calendar No. 193 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1041 

IN THE MATTER OF ALLEGATIONS RELATING TO 

REPRESENTATIVE RUBEN KIHUEN 

NOVEMBER 20, 2018.—Referred to the House Calendar and ordered to be printed 

Ms. BROOKS, from the Committee on Ethics, 

submitted the following 

R E P O R T 

In accordance with House Rule XI, clauses 3(a)(2) and 3(b), the 

Committee on Ethics (‘‘Committee’’) hereby submits the following 

Report to the House of Representatives: 

I. INTRODUCTION 

On December 21, 2017, the Committee, in accordance with House 

Rule XI, clause 3, and Committee Rules 10(a)(2) and 18, unanimously voted to establish an investigative subcommittee (‘‘ISC’’) to 

determine whether Representative Kihuen engaged in conduct that 

constitutes sexual harassment, in violation of House Rules, law, 

regulations, or other standards of conduct. On September 26, 2018, 

the ISC transmitted its Report to the full Committee, summarizing 

its findings and recommending that the Committee reprove Representative Kihuen for his conduct. 

The Committee agrees with the findings and conclusions the ISC 

reached following its thorough nine-month investigation.1 Specifically, the Committee found that Representative Kihuen made persistent and unwanted advances towards women who were required 

to interact with him as part of their professional responsibilities. 

The Committee also found that Representative Kihuen’s actions 

violated clause 1 and clause 2 of the Code of Official Conduct, and 

that his conduct warrants reproval by the Committee. 

On November 15, 2018, the Committee voted to adopt the ISC’s 

Report, which, along with this Report, will serve as a reproval of 


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2See Appendix A. 3 House Rule XI, clause 3(a)(1). 

4 Comm. on Ethics, In the Matter of Allegations Relating to Representative Ed Whitfield, H. 

Rep. 114–685, 114th Cong. 2d Sess. 2 (2016) (hereinafter Whitfield) (quoting Comm. on Standards of Official Conduct, In the Matter of Representative E.G. ‘‘Bud’’ Shuster, H. Rep. 106–979, 

106th Cong. 2d Sess. 113 (2000) (hereinafter Shuster)). 5See Appendix B. 

Representative Kihuen. The ISC’s Report is transmitted as an appendix to this Report.2

II. PROCEDURAL HISTORY 

On December 21, 2017, the Committee voted to establish an ISC 

to investigate allegations involving Representative Kihuen. On January 2, 2018, the Committee announced that Representative Kenny 

Marchant was designated ISC Chairman, Representative Yvette 

Clarke was designated ISC Ranking Member, and Representative 

Jackie Walorski and Representative Brian Higgins were designated 

Members of the ISC. 

The ISC issued voluntary requests for information to Representative Kihuen and six other individuals. In response to those requests, the ISC obtained and reviewed over 2,700 pages of materials. The ISC met a total of eleven times and interviewed twelve 

witnesses, including individuals who have publicly raised allegations against Representative Kihuen, corroborating witnesses, 

members of Representative Kihuen’s campaign and congressional 

staffs, character witnesses proffered by Representative Kihuen, and 

Representative Kihuen himself. In addition, the ISC reviewed Representative Kihuen’s written submissions regarding the allegations 

in this matter. 

On September 26, 2018, the ISC unanimously voted to adopt and 

issue its Report, finding that Representative Kihuen violated 

clause 1 and clause 2 of the Code of Official Conduct. The ISC did 

not recommend a sanction requiring floor action by the House of 

Representatives, but did recommend that the Committee reprove 

Representative Kihuen, a sanction which the Committee is authorized by the House Rules to issue on its own authority.3 As the 

Committee has noted previously, reproval by the Committee is ‘‘intended to be a clear public statement of rebuke of a Member’s conduct issued by a body of that Member’s peers acting . . . on behalf 

of the House of Representatives.’’ 4

Pursuant to House Rule XI, clause 3(a)(2), which provides that 

the Committee may report to the House its findings and conclusions for final disposition of investigative matters after ‘‘notice and 

hearing,’’ the Committee provided Representative Kihuen with a 

copy of the ISC Report on October 2, 2018, and offered him the opportunity to be heard orally and/or in writing by the full Committee. Representative Kihuen responded to the ISC’s Report 

through a written submission and by appearing before the Committee on November 15, 2018. Representative Kihuen’s written 

submission is attached as an appendix to this Report.5 The Committee considered the ISC’s Report, as well as Representative 

Kihuen’s submissions and appearance before the Committee, and 

agreed with the ISC that Representative Kihuen’s actions violated 

clause 1 and clause 2 of the Code of Official Conduct. 


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6See generally ISC Report. 7 Id. at 3–9. 8 Id. at 9–15. 9 Id. at 15–20. 10Some of the allegations were outside the Committee’s jurisdiction. While the Committee 

cannot make a finding of a violation on the basis of conduct outside of its jurisdiction, the Committee can consider all relevant evidence. Representative Kihuen’s denials made it particularly 

important to consider the allegations outside the Committee’s jurisdiction. 11 ISC Report at 3–20. 12 Id. Representative Kihuen responded to the discussion regarding his behavior towards employees at the D.C. Firm by asking the D.C. Firm Partner confronting him if she would ever 

cheat on her husband. Id. at 8–9. 13 Id. at 3–15. 14 Id. 

III. FINDINGS AND CONCLUSIONS 

Three women testified before the ISC that Representative 

Kihuen made unwanted physical and verbal advances towards 

them between 2013 and 2017.6 A Washington D.C. employee whose 

firm worked with Representative Kihuen’s re-election campaign in 

2017 (‘‘D.C. Firm Employee’’) testified that Representative Kihuen 

made unwanted physical and verbal advances towards her including, among other things, touching her lower back and shoulders, 

repeatedly kissing her on the cheek, asking her personal questions 

such as did she live alone, commenting on her physique, and suggesting that he could help her career if she were willing to entertain his romantic interests.7 A staffer on Representative Kihuen’s 

2016 congressional campaign (‘‘Campaign Staffer’’) also testified 

that she was subjected to unwanted physical and verbal advances 

by Representative Kihuen during his 2016 congressional campaign, 

including, among other things, the touching of her thigh on two occasions, comments on how she looked, suggestions that Representative Kihuen would take her out if she did not work for him, a suggestion that she and Representative Kihuen should get a hotel 

room together, and questions regarding whether she would ever 

cheat on her boyfriend.8 Finally, a female lobbyist who worked with 

Representative Kihuen in Nevada between 2013 and 2015 (‘‘Nevada Lobbyist’’) testified before the ISC that Representative 

Kihuen made unwanted physical and verbal advances towards her 

including, among other things, sliding his hand under her dress 

and onto her thigh, grabbing her buttocks, messages asking her to 

come and sit on his lap, asking her what color her panties were, 

suggesting she would look good naked, and messages suggesting, 

through the use of emojis, that they make a sex tape together.9

Representative Kihuen generally denied the allegations of unwanted advances.10 Despite Representative Kihuen’s denials, each 

of the complainant’s allegations were supported by documentary 

evidence and some of the alleged incidents were corroborated by 

third party witnesses.11 Furthermore, at least two outside entities 

were made aware of Campaign Staffer and D.C. Firm Employee’s 

allegations and approached Representative Kihuen, and his campaign, about his behavior in 2016 and 2017.12

Similarities in the allegations bolster the credibility of the complainants.13 Two unrelated women, Campaign Staffer and Nevada 

Lobbyist, both testified that Representative Kihuen touched their 

thighs while they were riding in a car with him.14 Two unrelated 

women, Campaign Staffer and a partner at the D.C. firm, both testified that Representative Kihuen asked them if they have ever or 


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15 Id. 16 Id. 17 Id. 18 Id. at 25. 19 Id. at 23–25; 29–31 (providing a detailed analysis of prevailing sexual harassment laws and 

their applicability to Representative Kihuen’s actions in the instant matter). 20 Id. at 29–30. 21 Id. 22 Representative Kihuen, through counsel, argues that the ISC, and by extension the Committee, ‘‘does not have authority to find that the Congressman actually violated the Code of Official Conduct without adopting a Statement of Alleged Violation.’’ This is incorrect. Committee 

Rule 19(f) states that ‘‘[u]pon completion of the inquiry, an investigative subcommittee, by a majority vote of its members, may adopt a Statement of Alleged Violations if it determines that 

there is substantial reasons to believe that a violation of the Code of Official Conduct . . . has 

occurred.’’ (emphasis added). Rule 19(f) leaves the decision whether to issue a Statement of Alleged Violation (‘‘SAV’’), and whether to seek harsher sanctions such as expulsion from the 

House, within the discretion of the ISC. Committee Rule 19(g) specifically requires an ISC to 

issue a report to the Committee with a summary of its findings and any appropriate recommendation if it does not adopt an SAV, and the ISC followed those procedural steps. The ISC 

would ever cheat on their boyfriend or husband.15 Two unrelated 

women, D.C. Firm Employee and Nevada Lobbyist, testified and/or 

produced evidence that Representative Kihuen spoke to them about 

their career or career advancement in the course of hitting on 

them.16 Finally, two unrelated women, Campaign Staffer and Nevada Lobbyist, both testified that Representative Kihuen grabbed 

the back of their thigh or their buttocks while they were alone in 

an office with him.17

The Committee has accepted the ISC’s findings that ‘‘Representative Kihuen’s complainants [are] credible based on their testimony 

and accompanying supporting evidence.’’ 18 On November 15, 2018, 

the Committee voted to adopt the ISC’s Findings and Conclusions 

and to release this public Report finding that Representative 

Kihuen violated clauses 1 and 2 of the Code of Official Conduct by 

making persistent and unwanted advances toward women who 

were required to interact with him as part of their professional responsibilities. 

House Rule XXIII, clause 1 states that ‘‘[a] Member . . . of the 

House shall behave at all times in a manner that shall reflect 

creditably on the House,’’ and clause 2 states that ‘‘[a] Member . . . 

shall adhere to the spirit and the letter of the Rules of the House.’’ 

The Committee found that Representative Kihuen violated clause 

1 by failing to behave in a manner that reflected creditably on the 

House, and violated clause 2 by violating the spirit of sexual harassment laws.19

The Committee found that, while serving as a Member of Congress, Representative Kihuen engaged in unwanted physical contact by repeatedly kissing D.C. Firm Employee’s cheek and touching her shoulders and lower back, and engaged in unwanted verbal 

advances by commenting on D.C. Firm Employee’s physique, commenting on her appearance, inquiring about her relationship status, asking D.C. Firm Employee if she lived alone, commenting 

that he lived alone, and insinuating that he would help D.C. Firm 

Employee with her career in exchange for a romantic relationship.20 The Committee also found that Representative Kihuen behaved inappropriately when inquiring whether a partner at the 

D.C. Firm would cheat on her spouse during a conversation about 

Representative Kihuen’s behavior towards women.21 The Committee agreed with the ISC that the aforementioned behavior by 

Representative Kihuen violated clause 1 and clause 2 of the Code 

of Official Conduct.22


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properly exercised its discretion and chose not to issue a SAV, or seek harsher sanctions for 

Representative Kihuen’s conduct, but chose the same procedural steps utilized by other ISCs 

in the past. See Whitfield; Comm. on Ethics, In the Matter of Allegations Relating to Representative Don Young, H. Rep. 113–487, 113th Cong. 2d Sess. (2014). Indeed, the Committee regularly 

finds Members to be in violation of the Code of Conduct without even impaneling an ISC, which 

is a necessary prerequisite to adopting an SAV. See Comm. on Ethics, In the Matter of Allegations Relating to Representative Luis V. Gutie ́rrez, H. Rep. 115–617, 115th Cong. 2d Sess. (2018); 

Comm. on Ethics, In the Matter of Allegations Relating to Representative Bobby L. Rush, H. Rep. 

115–618, 115th Cong. 2d Sess. (2018); Comm. on Ethics, In the Matter of Allegations Relating 

to Representative David McKinley, H. Rep. 114–795, 114th Cong. 2d Sess. (2016). 23 ISC Report at 10–11. 24 Id. at 22–23; House Comm. on Standards of Official Conduct, In the Matter of Representative Jay C. Kim, H. Rep. 105–797, 105th Cong. 2d Sess. (1998); House Comm. on Standards of 

Official Conduct, In the Matter of Representative Earl F. Hilliard, H. Rep. 107–130, 107th Cong. 

1st Sess. (2001) (hereinafter Hilliard); Statement of the Chairman and Ranking Member of the 

Committee on Ethics Regarding Representative Michael Grimm (Nov. 26, 2012). 25 House Comm. on Standards of Official Conduct, In the Matter of Representative Gus Savage, 

H. Rep. 101–397, 101st Cong. 2d Sess. 14 (1990) (finding a violation of then-Rule XLIII, clause 

1, which utilized the same language now found at Rule XXIII, clause 1, based on unwanted sexual advances directed towards a Peace Corp volunteer who was not an employee of the House). 

Representative Kihuen seeks to distinguish the matter of Representative Gus Savage by arguing 

that the Committee did not find that Representative Savage violated a House Rule but instead 

found that his conduct was ‘‘contrary to the standard of conduct expressed’’ in the House Rules. 

Representative Kihuen’s parsing of language is nonsensical and does not restrict the ISC or the 

Committee’s authority to find Representative Kihuen in violation of applicable House Rules. 26Shuster at 9; Hilliard at 12. 27See House Rule XI, clause 3(a)(2) (establishing the Committee’s investigative authority); 

Shuster at 113 (explaining that reproval by the Committee is ‘‘intended to be a clear public 

statement of rebuke of a Member’s conduct issued by a body of that Member’s peers acting . . . 

on behalf of the House of Representatives.’’). 

Likewise, the Committee found that Representative Kihuen violated clauses 1 and 2 of the Code of Official Conduct by making unwanted physical and verbal advances towards Campaign Staffer. 

During his 2016 campaign for election to the House, Representative 

Kihuen made unwanted advances towards Campaign Staffer by 

placing his hand on her thigh while the two of them were driving 

back from a meeting, by grabbing the back of her thigh as she 

stood up to check his computer during call time, by telling her ‘‘you 

look really good,’’ and ‘‘I would take you out if you didn’t work for 

me,’’ by suggesting that the two of them should get a room as they 

arrived at a hotel for a meeting, and by asking her if she ever 

cheated on her boyfriend.23 While the ISC chose not to ‘‘address 

whether any of Representative Kihuen’s behavior prior to being 

sworn in as a Member of the House falls within the ISC’s jurisdiction,’’ the Committee has repeatedly noted it has jurisdiction over 

‘‘misconduct relating to a successful campaign for election to the 

House,’’ 24 and Representative Kihuen’s behavior towards Campaign Staffer, especially when coupled with his conduct as a sitting 

Member of the House, warrants reproval. 

The Committee has found similar conduct, i.e. unwanted advances towards an individual not employed by the Member, to be 

a violation of clause 1.25 As the Committee has previously stated, 

‘‘[c]lause 1 is the most comprehensive provision of the Code and 

was adopted, in part, so that the Committee, in applying the Code, 

would retain ‘‘the ability to deal with any given act or accumulation of acts which, in the judgment of the committee, are severe 

enough to reflect discredit on the Congress.’’ 26 While the ISC could 

have sought harsher sanctions for Representative Kihuen’s violations, the ISC recommended and the Committee found that 

reproval is an appropriate sanction for the instant violations.27

Finally, the Committee reiterates an important point made in 

the ISC’s Report. ‘‘While Members are free to pursue romantic and 

intimate relationships outside of the House, there is an inherent 


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28 ISC Report at 30. 29See Appendix B. While Representative Kihuen apologized for his actions, he also argues 

that the ISC’s Report gives ‘‘short shrift’’ to statements by D.C. Firm Employee that she had 

a ‘‘plan’’ to get Representative Khuen to resign and ‘‘blackmail’’ him. The ISC Report cites to 

testimony and evidence by D.C. Firm Employee, submitted voluntarily, that she used ‘‘poor’’ and 

‘‘unfortunate’’ wording by telling some friends and co-workers that she had a ‘‘plan’’ to get Representative Kihuen to resign and by referring to her decision to speak out as ‘‘blackmail.’’ See 

ISC Report at 8. D.C. Firm Employee explained that she was ‘‘frustrated’’ at Representative 

Kihuen’s attempts to delegitimize the women speaking out against him, that she understands 

that her desire that Representative Kihuen resign was different than blackmail, and that she 

‘‘had no intention of blackmailing him.’’ Id. The ISC considered all the evidence, questioned D.C. 

Firm Employee extensively on the topic, and ‘‘found no evidence that D.C. Firm Employee’s 

statements were anything more than an expression of her conflict about going public with allegations regarding Representative Kihuen’s behavior towards her while he was a sitting Member 

of Congress.’’ Id. 30See ISC Report at 7 (D.C. Firm Employee testifying regarding a decision to exclude her from 

a Las Vegas fundraiser in part because of Representative Kihuen’s interest in her); id. at 14 

(Campaign Staffer explaining that her decision to leave Representative Kihuen’s campaign 

early, to avoid continued advances, may affect future employment opportunities); id. at 20 (Nevada Lobbyist explaining that she chose to forego social events that could have helped her professional development in part to avoid Representative Kihuen’s advances). 31 Appendix B. 

power imbalance when Members romantically pursue individuals 

who are required to interact with Members as part of their professional responsibilities.’’ 28 While Representative Kihuen repeatedly 

downplayed his actions when speaking with the ISC, in his written 

response to the ISC’s Report, he apologized to the complainants 

and acknowledged that his actions may have been perceived in 

ways other than what he intended.29

Service as an elected official involves power imbalances that 

Members must be careful not to exploit. Indeed, each of the complainants had potential career opportunities affected by their efforts to avoid continued advances by Representative Kihuen.30 Representative Kihuen now appears to better understand the effects 

that a power imbalance can have and the Committee joins Representative Kihuen in his hope that the ‘‘ISC investigation will 

make other Members of Congress cognizant of possible unintended 

consequences of their actions and will improve the working environment for all who interact with Members, whether as employees 

or not.’’ 31

IV. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(c) 

The Committee made no special oversight findings in this Report. 

No budget statement is submitted. No funding is authorized by any 

measure in this Report. 


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dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 127 here HR1041.117
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dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 128 here HR1041.118
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dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 129 here HR1041.119
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dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 147 here HR1041.137
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