WASHINGTON — Rep. Michael Grimm (R-N.Y.) may be about to plead guilty to a felony, but there’s nothing Congress can do to stop him from taking his seat in the House early next month.
“The only time there would be a clash between his ability to serve and his conviction, if he gets one, would be if he has to leave and enter a federal facility,” said Stan Brand, a former top lawyer for the House. “If he’s not sentenced to incarceration, that issue never comes up.”
Grimm was hit with a 20-count federal indictment before he easily won re-election in November, and he will reportedly plead guilty to one count of federal tax evasion at a 1 p.m. court hearing on Tuesday.
Grimm, a former Marine and FBI agent, said during the campaign that he would resign if unable to serve, presumably a reference to the possibility of his being imprisoned. The charge to which he is expected to plead guilty carries significant potential jail time, but the sentence would be up to the judge.
The New York Daily News reported Monday that if Grimm is not sentenced to jail time, he will argue that he should serve in Congress.
Brand said Grimm would have that right.
“The framers felt the ultimate choice of the people in the district is what prevails, and if they want a convicted felon, that’s their right,” Brand said. “We can all say ‘Oh, isn’t it terrible,’ but if that’s what the people of Staten Island want, then they’re entitled to have that.”
Damn. Maybe Congress is afraid that Grimm will call in the Grim Reaper and throw them all off the Capitol balcony. Who will ever forget that threat?
Grimm needs to go. Morrissey in Virginia needs to go. If these “representatives” aren’t voted out of office or sent to prison then how do we get rid of them?
Grimm should know better. He behaves like a thug and should simply resign if convicted. Since he is pleading guilty to a felony, that should end his political career. What can Boehner do about this problem? Probably nothing.
Just trying to understand how we get these toads in Congress. Any ideas?
It was only one count of tax evasion that he pled guilty to. He paid his employees in cash to avoid FICA taxes too. Hopefully he will resign (or be forced to). Under ethics rules he will not be able to vote until he is elected again – so essentially if he does not resign Staten Island will have no representation in the next Congress.
As for Morrissey – well, hopefully the people of Henrico will not vote for him again.
What will we be when we have criminals like them making the laws – they need to go.
I wonder how many members of Congress are saying to themselves, “There but for the grace of God and a good CPA, go I.”
There’s very little Congress can do about members that engage in criminal activity. It’s all fallout from Adam Clayton Powell back in the 60s. The short version is the courts give a lot of deference to the fact that the Congressman was chosen by the people of their district. It’s next to impossible to refuse to seat a Congressman.
I think about the worst they can do is censure.
Charlie Rangle, What’s his name with money in the freezer, Anthony Weiner, the list goes on.
Guilty?
Has to go.
Period.
Anything else is a travesty of justice.
Gone. Of his own accord. 5 January 2015, the day before the new Congress convenes.
But Charlie Rangel will continue to grace us with his presence in Washington.
Al Sharpton too, for that matter.
I find Al Sharpton no more offensive than Jerry Falwell.
Jerry Falwell is dead. And, in any case, I don’t recall him having a huge delinquent tax mess like Sharpton.
@Moon-howler
Falwell never incited riots, resulting in deaths nor did he commit fraud, trying to get an innocent policeman jailed.
Nor was Falwell an income tax scofflaw.
Falwell had other faults. As for being an income tax scofflaw…I am not so sure about that. I would, in fact, beg to differ.
I am not so sure he didn’t commit fraud also. Now, was Rev Sharpton ever convicted of fraud? Didn’t think so. I am sure which innocent policeman you are referring to. Who did he try to jail?
I think when you are a minority, things are always more extreme. I don’t see Falwell as a bit better than Sharpton. both had/have issues.