Berkley probe: Another factor in U.S. Senate race

Nevada Rep. Shelley Berkley found herself in all the major papers this week - but it wasn't the kind of publicity she wanted.

On Monday, the House Ethics Committee ended months of speculation by unanimously deciding to open an investigation into whether Rep. Berkley, a Democrat, used her position to help her physician husband reap financial reward.

The move received national attention because Rep. Berkley, a seven-term incumbent, is seeking a promotion this fall to the U.S. Senate. Her race against GOP Sen. Dean Heller is considered vital to both parties' pursuit of control of the upper chamber.

The Berkley spin machine tried to characterize Monday's development as good news, welcoming a "full and fair investigation" that will "clear" the congresswoman. Apparently, they ran out of lipstick.

Truth is, this is a major blow to the Berkley campaign. Nor can this be dismissed as a partisan smear. None of the five Democrats on the 10-member ethics panel dissented. And USA Today reports that the committee's action is somewhat rare, given that five of the last six cases the independent Office of Congressional Ethics has forwarded to the House panel have ended there without further investigation.

The controversy stems from a September 2011 New York Times article which alleged that over the past five years Rep. Berkley had engaged in a "series" of actions "in which she pushed legislation or twisted the arms of federal regulators to pursue an agenda that is aligned with the business interests of her husband," a Las Vegas kidney doctor.

The Times noted that "congressional ethics rules are murky" but that the "intermingling of [Rep.] Berkley's public and private life ... is striking even among her peers on Capitol Hill, and surfaced in an examination by The New York Times of how lawmakers forge particularly close ties to industries with an agenda in Washington."

Rep. Berkley insists she did nothing wrong and was only fighting for her Nevada constituents. Fine. But it's hard to believe someone as savvy as Rep. Berkley could get herself into this mess, particularly as she laid the groundwork for a Senate run.

The Berkley-Heller race was considered a toss-up, extremely competitive. Perhaps not any more.