Lawmakers Turn Resignation Into an Escape Hatch as Expulsion Closes In

A series of congressional resignations has highlighted a rarely used disciplinary process in the House, as lawmakers facing ethics investigations or possible expulsion have left office before the chamber could take formal action, as reported by Fox News.

Rep. Sheila Cherfilus-McCormick, D-Fla., resigned from Congress Tuesday, just 20 minutes before the House Ethics Committee was scheduled to recommend her expulsion.

The Florida Democrat had been indicted six months earlier on charges related to the alleged embezzlement of $5 million from the Federal Emergency Management Agency.

She has maintained that she is innocent and, if convicted, faces up to 53 years in prison.

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Cherfilus-McCormick’s resignation came after the Ethics Committee had taken up her case and granted her a delay after she lost her legal representation.

Rather than continue through the disciplinary process, she left Congress and accused the committee of conducting a “witch hunt.”

Sheila Cherfilus-McCormick (D-FL) resigned just MINUTES before an Ethics Committee hearing where her fate was to be read out

Her seat in the hearing was left empty, and the Chair read her resignation letter aloud.

She milked every dollar out of taxpayers before quitting.

… pic.twitter.com/lqUQ3iF1oS

— Nick Sortor (@nicksortor) April 21, 2026

The charges against Cherfilus-McCormick date to the COVID-19 pandemic in 2021.

According to the indictment, federal disaster funds intended to address the pandemic were received through a health care company owned by her family.

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Prosecutors allege that more than $100,000 was spent within two months to purchase a 3-carat diamond ring.

She was also charged with concealing personal expenses and political spending by identifying the expenditures as charitable contributions and business deductions.

Her brother and two aides were also named in the indictment, which included allegations involving money laundering, false tax returns, and contributions made through straw donors.

Cherfilus-McCormick, who serves as a member of the Congressional Black Caucus, won a special election to represent portions of Palm Beach and Broward counties.

She previously rejected the allegations as “an unjust, baseless, sham indictment” and had said she would not resign.

Her departure followed two other congressional resignations on April 14. Former Rep. Eric Swalwell, D-Calif., resigned after facing accusations of sexual misconduct, which he denied.

The resignation came after he abandoned his campaign for California governor and had repeatedly said he would remain in Congress.

Former Rep. Tony Gonzales, R-Texas, also resigned that day. Text messages had shown that Gonzales had an affair with staffer Regina Santos-Aviles.

He had previously vowed to remain in office even after Santos-Aviles died by suicide.

Both lawmakers left as pressure mounted and expulsion became increasingly likely. Under House procedures, the Ethics Committee loses jurisdiction over a lawmaker after that member leaves Congress.

As a result, a resignation can prevent an expulsion vote from taking place.

The recent departures have also raised questions about whether Congress is becoming more willing to pursue disciplinary action against its own members.

Historically, the bipartisan Ethics Committee has often been criticized for moving slowly or imposing limited sanctions.

The latest developments have not been limited to Democrats.

On Tuesday, the Ethics Committee voted to investigate Rep. Cory Mills, R-Fla., over allegations involving campaign finance laws during his 2022 and 2024 campaigns, false reports filed with Congress, improper gifts, misuse of government resources and accusations of “sexual misconduct and/or dating violence.”

“I don’t plan to resign. We’re going to seek re-election,” Mills told reporters, adding that he is cooperating.

The House is closely divided, adding a political dimension to the disciplinary fights. Swalwell and Cherfilus-McCormick were Democrats, while Gonzales was a Republican.

Speaker Mike Johnson, R-La., strongly supported expelling Cherfilus-McCormick but has declined to criticize Mills.

Rep. Nancy Mace, R-S.C., has introduced a resolution seeking Mills’ expulsion.

A state judge issued a restraining order against Mills last fall after allegations by a woman who said she had lived with him in Florida. Mills denied the accusations and attributed them to a political opponent.

“Cory, your days are numbered. Start packing,” Mace said. Mace herself is being scrutinized by the Ethics Committee over allegations involving improper reimbursement practices.

Congress has expelled only 21 members in American history, with 17 of those cases involving members accused of supporting the Confederacy during the Civil War.

The first Senate expulsion occurred in 1797, when William Blount was removed over a conspiracy involving British efforts to seize Spanish territory.

The first House expulsion came in 1980, when Michael “Ozzie” Myers was expelled following the Abscam bribery scandal.

James Traficant was expelled in 2002 after convictions for racketeering, bribery, and tax evasion. Former Rep. George Santos, R-N.Y., became the most recent member expelled when the House removed him in 2023 following an Ethics Committee investigation into campaign fraud.

The Constitution requires a two-thirds vote of the relevant chamber for expulsion. Historically, lawmakers have sometimes resigned before such a vote could occur.

Former Rep. Anthony Weiner resigned in 2011 during a sexting scandal rather than face possible expulsion. He later pleaded guilty in 2017 to sexting a 15-year-old girl and received a 21-month sentence.

The pattern of departures has also extended beyond Congress.

President Donald Trump has dismissed three Cabinet officials in recent weeks: Kristi Noem from the Department of Homeland Security, Pam Bondi from the Department of Justice, and Lori Chavez-DeRemer from the Department of Labor.

Chavez-DeRemer was under investigation by the Labor Department’s inspector general when she left. She denied wrongdoing.

Allegations against her included inappropriate use of government resources, personal travel, and other conduct involving staff and a security official. She had been scheduled to be interviewed by investigators.

“It has been an honor and a privilege to serve this historic administration and work for the greatest president of my lifetime,” Chavez-DeRemer said in an X posting.

The recent congressional cases have renewed attention on the House Ethics Committee and the extent to which lawmakers can be held accountable before voters or before the chamber itself.

While House members can ultimately face voters in elections, many congressional districts remain heavily tilted toward one party, limiting the possibility of a competitive general election.

The resignations of Cherfilus-McCormick, Swalwell, and Gonzales demonstrate how quickly an ethics proceeding can end once a member leaves Congress, potentially allowing lawmakers to avoid the formal record of an expulsion vote.

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