Democrat Cherfilus-McCormick of Florida resigns before the House can sanction her in ethics case

WASHINGTON — Democratic Rep. Sheila Cherfilus-McCormick of Florida resigned on Tuesday moments before a hearing was to begin to consider what punishment to recommend after a House ethics panel found she had committed numerous campaign finance and reporting violations.

The congresswoman was facing the possible threat of expulsion, something that has only occurred six times in the history of the House. Support from her own party was increasingly in doubt.

In a statement, Cherfilus-McCormick said her resignation was “effective immediately.”

“But let me say this plainly: we should be very careful about the precedent we are setting in this country, we do not punish people before due process is complete,” she said. “We do not allow allegations alone to override the will of the people. That is a dangerous patch, and one that should concern every American, regardless of party.”

The committee had previously determined she committed 25 violations of House rules and ethical standards, including breaking campaign finance laws.

She is also facing federal criminal charges accusing her of stealing $5 million in federal disaster 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 health care 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 have prompted 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 Donald 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 believed the House would 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.