House Ethics Committee Holds Rare Public Hearing on Rep. Cherfilus-McCormick's 27 Alleged Violations

Committee investigators laid out their findings in a 242-page report concluding that Rep. Sheila Cherfilus-McCormick committed 27 counts of ethics violations, as the Florida Democrat sat before a televised House Ethics Committee hearing Thursday and said nothing.

The federal indictment alleges Cherfilus-McCormick, 46, and her brother Edwin Cherfilus, 51, received a $5 million overpayment in FEMA funds directed to their family health care company in connection with a contract for COVID-19 vaccination staffing in 2021. Instead of returning the funds, Cherfilus-McCormick allegedly moved the money to different accounts "to disguise its source," the Justice Department said. In addition to the alleged misuse of federal funds, Cherfilus-McCormick is accused of tax fraud and campaign finance violations.

Thursday's televised hearing is what's known as an "adjudicatory" subcommittee hearing, and the lawmakers participating have been tasked with determining if any of the alleged violations by Cherfilus-McCormick have been proven by the monthslong Ethics Committee investigation. It has been more than 15 years since a sitting member of the House faced a public hearing, dating to the 2010 ethics trial of Rep. Charles Rangel, D-N.Y., on charges related to his personal finances.

At the start of the hearing, Cherfilus-McCormick's attorney, William Barzee, asked the committee to delay the hearing or continue behind closed doors until after the congresswoman's criminal trial has wrapped up. Her legal counsel argued the panel should pause its investigation, warning it could risk violating "her constitutional rights to a fair trial." "How can she possibly go into court and have a fair trial if her jurors have already heard that she was found guilty by the House of Representative? It's an impossibility," attorney William Barzee told lawmakers. Barzee also told the committee that if she wants to preserve her Fifth Amendment right against self-incrimination in the upcoming federal trial, "she must remain silent before the committee."

If she is found guilty of violating House rules, the Ethics Committee could recommend her censure, reprimand, removal from committees or even expulsion from the House. Cherfilus-McCormick is also set to go to trial next month in a federal criminal case, in which she faces up to 53 years in prison if convicted.

Cherfilus-McCormick has pleaded not guilty to the federal charges and last year called it "an unjust, baseless, sham indictment." She has stepped down from her position as ranking member of the House Foreign Affairs Committee's Subcommittee on the Middle East and North Africa, in keeping with House Democratic Caucus rules that require indicted members to relinquish committee leadership positions.

Democratic leadership has largely withheld judgment. House Democratic Caucus Chairman Pete Aguilar told reporters, "We'll see what happens," when asked whether Democrats would be willing to accept the congresswoman's removal from the House if the committee were to recommend it. "We believe that Rep. Cherfilus-McCormick has an opportunity to defend herself both from the allegations here under the dome as well as those in a courtroom," he said. Asked earlier this week whether the party would oppose expulsion, House Democratic Leader Hakeem Jeffries told reporters: "Next question."

House Speaker Mike Johnson called the allegations against Cherfilus-McCormick "a very serious matter," but noted the internal process must play out. Rep. Greg Steube, R-Fla., filed a resolution to expel her from the House but held off on forcing a vote until the subcommittee releases its findings. It takes a two-thirds vote to expel a member from the House.

Cherfilus-McCormick was elected to Congress in 2022 in a special election to replace Democratic Rep. Alcee Hastings, who died in 2021 from pancreatic cancer. Republicans currently hold a narrow 217 to 214 majority in the House, leading congressional leaders in both parties to scramble to avoid any resignations or other premature vacancies. The Ethics Committee's full findings, and any formal recommendation of punishment, are not expected for weeks or months.