Although the Justice Department has decided not to prosecute Sen. Bob Packwood on criminal charges, he's not out of the woods yet. Nor should he be.

The five-term Oregon Republican still faces possible disciplinary action by the Senate Ethics Committee on allegations he engaged in sexual misconduct and altered his diaries to obstruct the panel's probe. Wisely, the committee is still looking into the charges dropped by the Justice Department - that Packwood solicited lobbyists to get jobs for his former wife. A criminal prosecution requires a far higher level of proof than a congressional ethics violation. The decision by the Justice Department does not affect the work of the committee because it is considering questions of improper conduct rather than violations of laws. The Justice Department could get back into the act if the Senate panel finds reason to believe Packwood violated the law.In his syndicated column on this page Friday, William Safire argued that the Ethics Committee should end its investigation and apologize to Packwood.

What nonsense!

Yes, only one of of the 18 alleged instances of sexual misconduct on Packwood's part occurred during the 10 years. But the most recent one is said to have taken place in 1990. Besides, are Americans really to believe that the personal characters of their elected leaders don't matter? Or that their misbehavior cannot erode public confidence? Or that this nation's lawmakers can be fully effective without that confidence?

Such officials ought to avoid not only wrongdoing itself but even the appearance of misbehavior. Yes, that's a much tougher standard than the one to which most other Americans are held. But then ordinary Americans don't thrust themselves into the public spotlight and, consequently, don't always serve as role models.

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The possible penalties facing Packwood range from a reprimand to expulsion from the Senate. Even if the Senate committee finds Packwood made only one act of sexual misconduct, the least his colleagues should do is strip him of his chairmanship of the Senate Finance Committee. To do less would alienate not just women voters but also plenty of husbands, sons and brothers.

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