Ethics violations will take center stage in the House for the second week in a row, as a push to expel Rep. Sheila Cherfilus-McCormick comes to a head. 

Only six lawmakers have ever been expelled from the House, and prior to the expulsion of former Rep. George Santos in December 2023, none had been booted for more than 20 years. Some have complained that the slow-moving process of the Ethics Committee allows lawmakers to linger in Congress even as clouds of suspicion hang over them.

But this week could offer a rare — and perhaps necessary — chance for the Ethics Committee to set stronger standards, said Donald K. Sherman, a former counsel for the committee who now serves as president of Citizens for Responsibility and Ethics in Washington. 

“I think what we’ll see tomorrow is the committee saying, once again, that in order for precedent to be followed, precedent needs to be set, and sort of setting a new bar,” Sherman said. 

CREW and others have called for Cherfilus-McCormick to resign over allegations she improperly funneled money to her congressional campaign. Last month, a subpanel of the Ethics Committee found “clear and convincing” evidence of misconduct, and on Tuesday the full committee will consider what punishment to recommend.

A separate criminal trial for the Florida Democrat has been delayed until 2027, and lawmakers in the past have been reluctant to punish their own while federal charges are pending. 

But Santos’ expulsion may have changed the calculus for what members are willing to do, Sherman said. While that case followed a different track, with no adjudicatory hearing, the House voted to expel him after public outcry and an Ethics Committee report detailing how the New York Republican “sought to fraudulently exploit every aspect of his House candidacy.” At the time, Santos was indicted on criminal charges but had not yet had his day in court. 

“Members have demonstrated that they have a different appetite for expulsion than they did previously. Expulsion was reserved for members who were found criminally liable for crimes or insurrectionists. Those are the precedents before Santos,” Sherman said. 

Expulsion is the most serious punishment House members can inflict on their peers and is not a foregone conclusion for Cherfilus-McCormick, who has denied the charges against her. After Tuesday’s public hearing, the Ethics Committee could recommend any of a range of punishments, including milder ones like fines or censure. 

“Expulsion is a severe action that must not be used to compromise a district’s voice or its ability to participate in matters impacting its future. We reject any course of action that would disenfranchise this community,” the Palm Beach County Democratic Black Caucus wrote in a letter of support released ahead of the hearing. 

The last time the Ethics Committee got this far into the public adjudicatory process was in 2010, as they investigated former Rep. Charles B. Rangel for tax and fundraising violations. The committee recommended a censure for the New York Democrat, and the House voted to do just that.     

Sherman, who was a committee staffer during the Rangel investigation, said without strong precedents and expectations for punishment, even “serious violations of law and ethics” could often slide by at the time. 

Whatever sanction the committee recommends for Cherfilus-McCormick, the full House holds the ultimate power to decide her fate. And no matter what happens, she’ll still face an expulsion effort this week, some of her Republican colleagues have promised.  

Florida Republican Rep. Greg Steube initially announced his plans to pursue expulsion months ago, saying he would call up a resolution as a privileged matter, a process that can be used to force an expedited floor vote. 

Others have joined the chorus.

“1 days until Sheila’s expulsion for corruption,” Florida Republican Rep. Anna Paulina Luna said on X Monday, after posting a daily countdown to her hearing.

Expulsion requires two-thirds of the House to vote in favor, meaning a significant chunk of Democrats would have to join Republicans. Minority Leader Hakeem Jeffries, D-N.Y., said the Democratic caucus planned to convene after the committee’s recommendations and would “proceed in a manner consistent with our approach to these types of ethics matters, which is to always and at all times, follow the facts and apply the relevant law without fear or favor.” 

Tuesday’s hearing comes at a tense moment for congressional ethics. Last week Reps. Tony Gonzales, R-Texas, and Eric Swalwell, D-Calif., resigned amid sexual misconduct accusations against them, after a bipartisan pressure campaign threatening their expulsion. Gonzales has admitted to a sexual relationship with a staffer who later died by suicide, while Swalwell has denied any wrongdoing despite accounts from women of sexual harassment and assault, rape and drugging.

Meanwhile, the committee has found itself under the microscope, with members from both sides of the aisle calling for changes to how it operates.

“The committee and Congress have been notoriously permissive when it comes to members and discipline,” Sherman said. 

The typically secretive and slow-moving committee released a statement Monday defending its work and encouraging “anyone who may have experienced sexual misconduct by a House Member or staffer, or who has knowledge of such conduct” to contact them or other congressional support offices.

According to the press release, the Ethics panel has initiated investigations in 20 matters involving allegations of sexual misconduct by a member of Congress since 2017. Only 15 of those 20 investigations are shown on a list provided by the panel. Tom Rust, chief counsel and staff director for the committee, declined to comment on the absence of the other five.

Sherman said the status quo hasn’t always been enough to deter members of Congress from bad behavior. While the panel is charged with holding up the rules and standards of the House in a nonpartisan way, how the House polices its own ultimately comes down to political will. 

“Gonzales had been under investigation for a long time, and Swalwell was facing allegations against his conduct that had been long-standing, but the committee didn’t launch an investigation until last week. And suddenly, members had sort of a package deal of a Republican and a Democrat who engages in similar conduct — then the political will was there for accountability. Congress should not have to wait until there are two bad actors to make an expulsion decision,” he said. 

When it comes to Cherfilus-McCormick, it’s a chance to set a better precedent, Sherman said. 

“The committee should work harder to create a more objective standard,” he said. “They should provide the public and members with some clarity and frankly, lock themselves in a little bit so that the next member that comes along, regardless of party, they can sort of look back to a clear and objective standard that outlines ‘This is the kind of conduct that merits expulsion from Congress,’” Sherman said.