After pleading guilty to a judge Tuesday on a felony tax evasion charge, New York Rep. Michael Grimm, a Republican, pledged to reporters he would also stay in Congress.
Grimm pled guilty in court to one count of tax evasion and was set to submit to a "statement of facts" that admits to all the conduct alleged in the 20-count federal indictment.
A statement from federal prosecutors in New York released on Tuesday after Grimm's court appearance noted that in addition to the tax evasion plea, Grimm also publicly admitted to hiring undocumented workers, lying under oath while serving in Congress, obstructing federal and state officials, and cheating employees out of employment insurance claims.
FBI Assistant Director-in-Charge Venizelos stated, "The public expects their elected officials at all levels of government to behave honorably, or at a minimum, lawfully. As his guilty plea demonstrates, Grimm put self-interest above public service."
Grimm apologized for his actions and took responsibility, but said the unpaid taxes from a New York restaurant he once owned were all a big mistake.
"As long as I'm able to serve I'm going to serve," Grimm said. Reelected in November, he was is set to be sworn in to a new term in January.
Prosecutors asked a judge to sentence Grimm on June 8th to 24 to 36 months of jail time. His defense team suggested 12 - 18 months.
Can a Congressman serve from behind bars? If recent history is any guide it's unlikely that Grimm will serve out his third term that starts in January even though there is nothing in the Constitution or House Rules against felons serving in Congress.
There isn't much historical precedent for it either, although one Congressman in the 1990s, Republican Jay Kim, shuffled around Capitol Hill wearing an ankle bracelet after he was convicted of 10 misdemeanors.
Grimm's felony plea is a more serious matter.
While Grimm said Tuesday he has talked to House leadership about his situation, he has not yet spoken with House Speaker John Boehner and Boehner has not publicly weighed in on whether Grimm should step down. But Boehner has made it clear during his time in leadership that he has little patience for those members admitting to any wrongdoing.
"We won't have any announcements until the Speaker discusses the matter with Mr. Grimm," said Boehner's spokesman Michael Steel.
Calls for Grimm to resign are sure to mount and GOP leaders would prefer not to deal with questions about a felon remaining in the Republican conference when they open up the new session in 2015.
In previous cases where House Republicans admitted to ethical lapses -- criminal or personal -- Boehner has worked privately to encourage scandal plagued members to step aside on their own.
Former Florida GOP Rep. Trey Radel, who pled guilty to cocaine possession last year, initially sought treatment for drug addiction, but resigned two months later. When half naked pictures surfaced online of Rep. Chris Lee of New York soliciting an encounter with a woman on Craigslist he quickly stepped down. Indiana Republican Mark Souder resigned his seat one day after admitting he had an affair with an aide.
House Democratic Leader Nancy Pelosi called Tuesday on Boehner "to insist that Congressman Grimm resign immediately."
Democrats were frustrated they were unable to defeat Grimm in November's midterm election, even with the 20-count federal indictment hanging over him. He also grabbed national headlines last January for threatening to toss a reporter over a balcony on Capitol Hill after being asked about the allegations.
If Grimm does eventually decide to resign, Democrats have a good chance to pick up that seat in a special election. A spokesman for the House Democrats' campaign arm is already accusing Boehner of covering up for Grimm.
"After Speaker Boehner abetted Grimm's lies to voters about his guilt in this past election, he owes it to the constituents and the Congress to make sure Michael Grimm doesn't serve in this next Congress," Josh Scherwin, spokesman for the Democratic Congressional Campaign Committee.
One down, 400+ unindicted felons to go.
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