Michael Grimm, John Wilkes and the House’s Power to Punish for Conduct Preceding Election

It is being reported that Representative Michael Grimm has agreed to resign his seat in the next Congress. Grimm was indicted on multiple federal charges in April, was reelected handily in November and last week pled guilty to a single count of tax fraud stemming from his ownership and management of a health food restaurant before his initial election to Congress in 2010. Grimm initially indicated that he would not resign, but he apparently changed his mind after a heart to heart with Speaker Boehner.

I have been looking into some of the legal issues that the House would have faced had Grimm decided to remain in Congress. Since these may now be moot, I will just briefly list the three major problems the House would have encountered in trying to discipline or expel Grimm for the offense to which he pled guilty.

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