Tuesday, April 16, 2002
Ethics committee warns Traficant not to vote
By JANELLE CARTER
Associated Press Writer
WASHINGTON — The House ethics committee warned Ohio Rep. James Traficant Monday “in the strongest possible terms” not to vote on the House floor while lawmakers review his recent conviction on racketeering and other charges.
In a letter, the committee told the nine-term Democrat he risks action by the full House if he tries to vote.
Traficant was found guilty last week of taking kickbacks from staff and bribes and gifts from businessmen. The charges, including tax evasion, carry a maximum penalty of 63 years in jail. But under federal guidelines, he is likely to get much less jail time when he is sentenced June 27. Traficant said he plans to appeal his conviction.
House rules say that a lawmaker in Traficant's position should refrain from voting, but do not bar him from doing so.
Although “this provision is not mandatory, we emphasize in the strongest possible terms that if you violate the clear principles of this provision ... by voting in the House, you risk subjecting yourself to action,” the letter said.
Traficant's office had said earlier Monday that he would not return to Congress this week amid warnings that his colleagues would move to expel him if he appeared on the House floor.
Traficant chief of staff Charlie Straub said the congressman decided he didn't want to “put anyone in that position.”
“In interpretation of the House rules, there's some indication he could participate in legislative activity,” Straub said. But Traficant was told that if he appeared on the House floor to vote, some lawmakers might try to expel him.
Straub said he did not know who had contacted Traficant about the possible action by his colleagues.
House Democratic Leader Dick Gephardt has already called for Traficant to resign and the House ethics committee has announced that it will meet to consider disciplinary action against Traficant.
Separately, a member of Congress can at any time introduce a resolution calling for immediate disciplinary action, including expulsion. Such a request must be debated and either voted on or sent to the ethics committee within two days. Expulsion would require the approval of two-thirds of the 435-member House.
“He is not going to resign,” Straub said. “He has indicated that for sure.”
Traficant also reiterated his plans to run for re-election this fall, Straub said.
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