Resignation is the new escape hatch as lawmakers face expulsion

I don’t know how Sheila Cherfilus-McCormick thought she had a prayer of hanging onto her seat. 

The Florida Democrat was indicted six months ago on charges of embezzling $5 million from FEMA. She says she’s innocent, but if convicted faces up to 53 years in prison.

In the past, the congresswoman would simply try to beat the prosecution in court.

But the House Ethics Committee took up the case, and granted her a delay when she lost her legal representation.

INDICTED DEMOCRAT SHEILA CHERFILUS-MCCORMICK TO RESIGN FROM CONGRESS AMID EXPULSION THREAT

But on Tuesday, 20 minutes before the ethics panel was going to recommend her expulsion, she resigned – accusing the committee of a "witch hunt."

This has suddenly become the default setting for legislators in trouble – you can’t fire me, I quit.

It’s like scrambling down the fire escape of a burning building to flee a blaze that you set yourself, all the while complaining about the smoke.

WHY ERIC SWALWELL WAS FORCED TO QUIT CALIFORNIA GOVERNOR’S RACE AFTER SEXUAL MISCONDUCT ALLEGATIONS

In just the last nine days, two other members of Congress pulled the same maneuver.

Eric Swalwell surrendered his seat on April 14 after mounting accusations of sexual misconduct, which he denies, despite the California Democrat’s repeated insistence, after dropping his gubernatorial campaign, that he would not resign.

That same day, Texas Republican Tony Gonzales, who text messages showed having an affair with staffer Regina Santos-Aviles, vowed to keep his seat, even after she tragically committed suicide.

Both men bailed in the face of virtually guaranteed expulsion.

When these lawmakers quit, the Ethics Committee automatically loses jurisdiction, like the wave of a magic wand.

It’s not that anyone is fooled. Every story says they acted to avoid the official disgrace of being kicked out of Congress. But in the history books it just goes down as a resignation.

This is a sea change, and I suppose you could argue the result is the same. Far too often in the past, the bipartisan ethics panel has dragged its feet, done nothing or suggested only a mild sanction.

CORY MILLS SAYS MACE EXPULSION PUSH COULD DRAG HOUSE INTO DANGEROUS NEW TERRITORY

Cherfulis-McCormick, a member of the Congressional Black Caucus, won a special election to represent parts of Florida’s Palm Beach and Broward counties.

The charges, which date to the pandemic in 2021, say Cherfilus-McCormick received federal disaster funds meant to fight COVID-19 at the healthcare company owned by her family. Within two months, the indictment says, more than $100,000 was spent to buy her a 3-carat diamond ring.   

The lawmaker was also charged with hiding personal expenses and political spending by listing them as charitable contributions and business deductions. Her brother and two aides were also named in the indictment, which included money laundering, false tax returns and listing donations from straw donors.

Cherfilus-McCormick dismissed what she called "an unjust, baseless, sham indictment" – and vowed not to resign. Until she did.

And the exodus may not be over. The Ethics Committee voted on Tuesday to investigate Florida Republican Cory Mills. 

The allegations, according to the panel: Violating campaign finance laws in his 2022 and 2024 campaigns. Filing false reports with Congress. Soliciting and receiving improper gifts. Misusing government resources. And accusations of "sexual misconduct and/or dating violence."

"I don’t plan to resign. We’re going to seek reelection," Mills told reporters, adding that he is cooperating.

There’s a hefty dose of partisan politics in the closely divided House. The departures of Swalwell, Gonzales and Cherfilus-McCormick means two Democrats and one Republican have been ousted. The Dems would love to even the score.

Speaker Mike Johnson, who pushed hard to expel Cherfilus-McCormick, has refused to criticize Mills. 

NANCY MACE MOVES TO EXPEL FELLOW REPUBLICAN CORY MILLS, CITING MISCONDUCT ALLEGATIONS

A state judge issued a restraining order against Mills last fall after a beauty contest winner who says she lived with him when he was in Florida alleged that he threatened to blackmail her by releasing images of them having sex. Mills called the accusation false and blamed it on a political opponent.

Republican Rep. Nancy Mace has introduced an expulsion resolution against Mills. "Cory, your days are numbered. Start packing," said Mace, who is being scrutinized by the ethics panel for improper reimbursement practices.    

In American history, only 21 members of Congress have been expelled – and 17 of those were for supporting the Confederacy during the Civil War.

The first Senate expulsion, in 1797, was of William Blount for conspiracy in helping Great Britain seize Spanish territory.

The first House expulsion was in 1980, when Michael "Ozzie" Myers was banished for bribery in the Abscam scandal.

James Trafficant was expelled in 2002 after being convicted of racketeering, bribery and tax evasion.

And George Santos – you remember him, the serial fabricator – was evicted in 2023 after an Ethics Committee report on campaign fraud.

That’s it. The Constitution requires a two-thirds majority in either house.

But in the case of Traficant, did the House really have to wait for a criminal conviction to decide that he was unfit to serve?

The House moved more quickly in the case of Ozzie Myers, who accepted a $50,000 bribe from undercover FBI agents and was caught on tape saying "money talks in this business and bulls--- walks."

In a rare tactic at the time, Anthony Weiner resigned during a sexting scandal in 2011 to avoid expulsion. One incentive: Turns out you can still get your federal benefits if you quit. 

It wasn’t until 2017 that Weiner pled guilty to sexting a 15-year-old girl and drew a 21-month sentence. His laptop famously became an issue in Hillary Clinton’s campaign the previous year.

LABOR SECRETARY LORI CHAVEZ-DEREMER EXITS TRUMP ADMIN; KEITH SONDERLING NAMED ACTING HEAD

The marketing of departures also applies to the executive branch, and most corporations as well.

President Trump has fired three Cabinet members in recent weeks: Kristi Noem at Homeland Security, Pam Bondi at Justice, and Lori Chavez-DeRemer at Labor.

But these are always framed as resignations, though there’s nothing voluntary about it.

The president heaps praise on their performance. The exiles say they were thrilled to have the job. They know it’s a crock. We all know it’s a crock. But it provides a fig leaf of dignity.

Bondi and Noem may have committed political malpractice or, as at DOJ, not delivered the results Trump wanted in charging and convicting his political enemies.

But only Chavez-DeRemer is under investigation, by Labor’s inspector general. She has been accused of daytime drinking, ordering her staff to buy her wine at night, having an affair with one of her security guards, and using government resources for personal trips. Several top aides, including the security official, have resigned. Her husband has been barred from the building over complaints of unwanted sexual advances.

Chavez-DeRemer, who denies any wrongdoing, hasn’t been charged with anything, but was days away from being interviewed by investigators and became a growing distraction.  

"It has been an honor and a privilege to serve this historic administration and work for the greatest president of my lifetime," she said in an X posting.

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Maybe we’re sliding into an era of greater accountability. The long-toothless Ethics Committee is finally showing some bite. 

The voters always have the option of recalling House members in the next election, but that doesn’t mean much when nearly all districts are safe. But perhaps we’re reaching the point where it isn’t politically safe when Congress fails to police its own.