The House Ethics Committee has postponed its planned public trial for Rep. Sheila Cherfilus-McCormick — the Florida Democrat facing accusations that she stole millions in FEMA funding — to later this month.
A hearing of an adjudicatory subcommittee of the Ethics panel was pushed from this Thursday to March 26 after the lawmaker’s “counsel in the matter withdrew from representing her before the adjudicatory subcommittee,” according to a committee press release.
“Representative Cherfilus-McCormick asked for a brief continuance to allow her to retain new counsel,” the statement continued.
Lawmakers on the Ethics Committee, which adjudicates allegations of misconduct against House members and staff, were poised to meet to determine whether the allegations against Cherfilus-McCormick have been proven by “clear and convincing evidence.” There, the committee’s counsel and Cherfilus-McCormick’s counsel could have made their respective cases.
It’s highly unusual for the panel to operate in the open, let alone convene a trial. The last time House Ethics met in such a capacity was in 2010 to consider the case of late-Rep. Charlie Rangel, a New York Democrat accused of a number of charges, including inappropriately soliciting funds and financial disclosure violations.
Rangel’s situation had parallels to that of Cherfilus-McCormick. At the time, Rangel was irate over the Ethics Committee’s handling of the matter, claiming he was denied due process because he could not hire a lawyer in time for the hearing. At one point, he threatened to exit the room and left.
“I don’t think it’s fair that I participate in any type of proceeding if in fact what you are basically telling me that the political calendar will not allow you enough … time to allow me to get a lawyer at this crucial point in my life,” Rangel said, alluding to the fact that the Ethics Committee was rushing to conclude its business before the end of the legislative session.
The panel nearly unanimously voted to censure Rangel for his conduct, which the House approved shortly afterward.
Cherfilus-McCormick, like Rangel, had previously asked for the proceedings against her to be delayed. Her then-lawyer argued that the Justice Department’s criminal proceedings necessitated a stay in the Ethics Committee’s work. The Florida Democrat cited, among other examples, former Florida GOP Rep. Matt Gaetz, whose own case pending before House Ethics case was paused after a request from DOJ.
