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CRS Report Reviews Impact of Indictment on Members of Congress

Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony (14 pages, PDF), January 5, 2006.

  • “There are no federal statutes or Rules of the House of Representatives that directly affect the status of a Member of Congress who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, or the Rules of the House merely upon an indictment for an offense, prior to an establishment of guilt under the judicial system. Thus, under House Rules, an indicted Member may continue to participate in congressional proceedings and considerations; under the Constitution, a person under indictment is not disqualified from being a Member of or a candidate for re-election to Congress. Internal party rules in the House, however, now require an indicted chairman or ranking Member of a House committee, or a member of the House party leadership, to temporarily step aside from his or her leadership or chairmanship position.”
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