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CRS: Status of a Senator Who Has Been Indicted for or Convicted of a Felony

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CRS Report – Status of a Senator Who Has Been Indicted for or Convicted of a Felony, October 22, 2008

  • “There are no federal statutes or Rules of the Senate that directly affect the status of a Senator who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, nor the Rules of the Senate upon an indictment. Thus, under Senate Rules, an indicted Senator may continue to participate in congressional proceedings and considerations; and under the Constitution a person under indictment is not disqualified from being a Member of or a candidate for reelection to Congress. Internal party rules in the Senate may, however, provide for certain steps to be taken by an indicted Senator. For example, the Senate Republican Conference Rules require an indicted chairman or ranking member of a Senate committee, or a member of the party leadership, to temporarily step aside from his or her leadership or chairmanship position.”
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