committee leader

WASHINGTON — Rep. Sheila Cherfilus-McCormick is resigning from Congress rather than be formally disciplined by the House as part of an ethics investigation into her use of campaign funds.

Explaining her decision in an extended social media statement on Tuesday, the Florida Democrat decried the internal investigation process as unfair. She said the House Committee denied her and her new attorney adequate time to prepare a defense.

“Rather than play these political games, I choose to step away,” she wrote.

Members of the House Ethics Committee on Tuesday had been set to weigh what punishment to recommend after they found she committed 25 violations of House rules and ethical standards, including breaking campaign finance laws.

Republicans had already called for the expulsion of Cherfilus-McCormick, who was in her third term and was running for reelection in a southeastern Florida district. She is also facing federal criminal charges accusing her of stealing $5 million in coronavirus disaster relief funds and using the money to buy items such as a 3-carat yellow diamond ring.

Cherfilus-McCormick has pleaded not guilty to the criminal charges and says she is not guilty of ethics violations, either.

The allegations against the congresswoman center on how she received millions of dollars from her family’s healthcare business after Florida mistakenly overpaid the business by roughly $5 million with COVID-19 disaster relief funds. She is accused of using that money to fund her 2022 congressional campaign through a network of businesses and family members.

Cherfilus-McCormick declined to testify during a previous Ethics Committee hearing, citing her Fifth Amendment right against self-incrimination. Her attorney, William Barzee, sparred with some of the lawmakers and argued that they should have allowed a thorough ethics trial, at which he could present witnesses and evidence to counter the conclusions of House investigators.

A group of supporters in Cherfilus-McCormick’s congressional district had weighed in on her behalf with the lawmakers who lead the Ethics Committee, urging committee leaders to proceed with caution.

“Our communities deserve stability. Our voices deserve to be heard. And our right to representation must be protected,” said one of the letters sent to the committee signed by about a dozen local faith leaders, union officials and others.

In all, the panel’s two-year investigation led to the issuance of 59 subpoenas, 28 witness interviews and a review of more than 33,000 pages of documents.

Rep. Greg Steube, a Florida Republican, had said he would move to expel Cherfilus-McCormick once the Ethics Committee made a determination on what punishment it would recommend.

That move could in turn prompt Democrats to seek the expulsion of Rep. Cory Mills, a Florida Republican who is the subject of a wide-ranging investigation by the Ethics Committee that includes whether he violated campaign finance laws, misused congressional resources and engaged in sexual misconduct or dating violence. That investigation is ongoing. Mills has denied any wrongdoing.

The focus on lawmaker wrongdoing comes just one week after two lawmakers resigned during ethics investigations into alleged sexual misconduct. Democratic Rep. Eric Swalwell of California and Republican Rep. Tony Gonzales of Texas headed off possible expulsion votes with their resignations.

House Democratic leaders had declined to condemn Cherfilus-McCormick, saying they wanted to see the ethics process play out. Potential punishments included a reprimand or a censure, which serve as forms of public rebuke. The committee could also have recommended a fine. The most severe form of punishment was expulsion, but the House has historically been reluctant to serve as the final arbiter of a lawmaker’s career, preferring to give that final say to the voters.

Only six members of the House have been expelled. The first three fought for the Confederacy during the Civil War and were expelled for disloyalty. The next two had been convicted of crimes. The final one was George Santos, the scandal-plagued freshman who was the subject of a blistering ethics report on his conduct as well as federal indictment. Santos, a New York Republican, served time in prison for ripping off his campaign donors before President Trump granted him clemency, and he has apologized to his former constituents.

Under the Constitution, at least two-thirds of the House has to vote for expulsion for it to occur, a high threshold that requires enormous bipartisan support.

House Speaker Mike Johnson (R-La.) told reporters last week he believes the House will move to expel Cherfilus-McCormick.

“The facts are indisputable at this point, and so I believe it’ll be the consensus of this body that she should be expelled,” Johnson said.

Freking and Groves write for the Associated Press.