For decades, the Congressional Black Caucus has fiercely defended its members even during high-profile ethics cases.
This time may be different.
Florida Democratic Rep. Sheila Cherfilus-McCormick is under federal criminal indictment for allegedly stealing millions of dollars from FEMA and funneling some of that money into her 2021 congressional campaign. A special subcommittee of the House Ethics Committee found the Florida Democrat guilty of 26 ethics violations. The full Ethics Committee will meet on April 21 to consider what punishment to mete out.
Expulsion is a real possibility, although two-thirds of the House would have to vote her out. An expulsion resolution would place the notoriously loyal CBC in a difficult position.
House Minority Leader Hakeem Jeffries is staying tight-lipped, insisting he’s waiting until the Ethics Committee hands down its recommendation Tuesday.
When we asked Jeffries if the 20-plus guilty counts concerned him, Jeffries replied, “Of course.”
Jeffries and Cherfilus-McCormick were spotted chatting on the House floor Thursday. Cherfilus-McCormick has maintained her innocence, both in her criminal and ethics cases.
In interviews with a dozen CBC members, few defended Cherfilus-McCormick. Several claimed to be unfamiliar with the facts of her case. Most of the conversations centered around procedural complaints about the Ethics Committee’s probe.
CBC Chair Yvette Clarke (D-N.Y.) acknowledged the allegations against Cherfilus-McCormick were serious. But she questioned whether the Ethics panel should be involved at all.
“Given the sensitivity of this case, and the fact that it has to play out in a criminal court, I don’t think colleagues should be in the position of upsetting that in any way, shape or form,” Clarke said. “It has to be a situation where justice is blind and the courts ultimately determine her fate.”
Cherfilus-McCormick’s lawyer pleaded with the Ethics Committee to wait before ruling on the congresswoman’s case. The federal trial is not set to begin until February 2027.
“What if she goes before a regular jury and they find her innocent?” Rep. Gregory Meeks (D-N.Y.) said. Meeks, a nearly three-decade veteran of Congress, indicated he would be highly unlikely to back any expulsion resolution before a judicial trial.
One source close to the issue said “there’s a deep sadness inside the caucus” over the case. Some CBC members have spoken privately to Cherfilus-McCormick about resigning before she’s expelled. But, the source added, most CBC members would probably vote to oust her if Jeffries does.
The background. CBC lawmakers have long complained that their members have been unfairly targeted by Ethics Committee investigations.
But the CBC is now in an incredibly difficult political moment. The dynamics in the caucus have changed dramatically in recent years as younger members join its ranks. Those generational divides spawn diverse viewpoints on key issues that used to easily unite the caucus.
The CBC is laser focused on Democrats’ efforts to win back the House, a feat that would very likely result in Jeffries becoming the first Black speaker in U.S. history.
And Democrats, at Jeffries’ urging, have made fighting corruption a centerpiece of their midterm messaging. Now a member of his caucus is embroiled in a serious ethical scandal.
It could be hard to see Jeffries rejecting a recommendation from the Ethics Committee to expel a member. And there’s a well-respected member of the CBC on the Ethics Committee: Rep. Glenn Ivey (D-Md.), who has an extensive legal career.
Several members said they had yet to review the Ethics findings on the Cherfilus-McCormick case.
“I’m going to read the report,” Rep. Emanuel Cleaver (D-Mo.) said. “I’m OK with what the committee says as long as they went through the process where she had a chance to talk and bring in witnesses and documents.”
Cherfilus-McCormick repeatedly refused to comment on the upcoming Ethics sanction when we asked this week.
“I’m not doing interviews,” Cherfilus-McCormick said.
