Saturday, January 30, 2021

It's Hard to Expel a Member of the House


Georgia Rep. Marjorie Taylor Greene (R-14th District), the Conservative Firebrand Member of Congress, has drawn Revulsion in Washington and among Americans just Learning about her History of Shocking Rhetoric.

Rep. Jimmy Gomez (D-CA, 34th District), has said he would introduce a Resolution to Expel her from the Chamber, and House Speaker Nancy Pelosi (D-CA, 12 District), on Thursday, slammed Republican Leaders for Not doing more to Punish her.

But don't look for Greene, the QAnon Supporter and Conspiracy Theory pusher, to be run out of Congress any time soon. The System is built to respect the Will of the Voters in any given Gongressional District and unless she Resigns or a Supermajority of the House Botes to Expel her, Greene is here to stay.

Only 20 Federal Lawmakers have been Expelled in the History of the U.S., 15 in the Senate and only 5 in the House. The vast Majority of Expulsions had to with the Civil War. There have been only Two post-Civil War Expulsions:

- Rep. Michael Myers, a Pennsylvania Democrat, was Kicked-Out after taking Money from Undercover FBI Agents.

- James Traficant, the Ohio Democrat, who was Convicted of Bribery Charges.

The Custom in Congress, according to a Congressional Research Service Report on the practice, is that a Member should not be Expelled for Conduct that occurred before they took their Seat. The idea being Voters should get who they Want.

If a Lawmaker is Charged with a Crime, rather than Face Expulsion, Lawmakers Resign when they're Convicted. That's what Reps. Chris Collins (R-NY, 27th District) and Duncan Hunter (R-CA, 50th District) did during the Trump Administration. Trump later Pardoned both of them.

Other Lawmakers stick it out and Serve on Capitol Hill while Standing Trial. Sen. Bob Menendez (D-NJ) beat Federal Corruption Charges when Authorities Dropped the Case after a Mistrial. And then he Won Reelection. Trump Pardoned the Doctor who was Accused of being Menendez's Co-Conspriator.

If Not Expulsion, there is Censure, which has been used more frequently and is less Severe, since it is basically a very hard Slap on the Wrist, but still Embarrassing.

If a House Member is Censured, they have to Stand in the Well of the House Floor and hear their Misdeeds Read Aloud, a sort of Public Shaming in Front of the Rest of the Club. The Last House Member to face Censure was Rep. Charles Rangel (D-NY, 13th District) and the Chair of the House Ways and Means Committee. He Chaired the tax Writing Committee but Failed to Pay his Taxes.

An even less Severe Slap on the Wrist is the "Reprimand," which was employed against Rep. Joe Wilson (R-SC, 2nd District) when he shouted "You lie!" at President Obama during an Address to Congress.

Lawmakers who face Expulsion, Censure, Reprimand, or even Criminal Inquiries say it's all about Politics, rather than Decency of the Law. The U.S. is a Country committed to Free Speech and an Open Political Process, so this can be a Compelling Argument.

It's hard to Expel a Lawmaker, because there's Not a Good Ethics Process in place in Congress. Both the House and Senate have Ethics Committees and Processes in their Rules. But they're notoriously Slow and Feckless.

Republicans say they're going to Talk to her. "These comments are deeply disturbing and Leader McCarthy plans to have a conversation with the Congresswoman about them," a Spokesman for House Minority Leader, Kevin McCarthy (R-CA, 23rd District), said in a Statement.










NYC Wins When Everyone Can Vote! Michael H. Drucker


No comments: