If Rep. Vito Fossella (R-N.Y.) is unable to reach a deal with prosecutors on his DUI arrest, he will likely have to serve five days in jail before the end of the year, making him only the fourth sitting member of Congress to be locked up following a criminal conviction and dragging his troubles back into the spotlight just as Republicans were counting on them having vanished.
Not since Rep. John Dowdy (D-Texas) was sent to prison for his 1972 conviction for bribery, obstruction of justice and perjury has a sitting member of the House been sentenced to jail or prison following a criminal conviction, according to the House historian.
If Fossella has to serve jail time and steps down to avoid forcing House Republicans to deal with having a member of their conference locked up, he could trigger a special election in his district.
Under state law, any resignation before July 1 gives New York’s Democratic Gov. David Paterson the option of calling a special election. And Republicans have lost three special House elections since March. If Fossella resigned after July 1, there would be no special election and the seat would remain empty for the remainder of the term.
Fossella’s Staten Island seat is seen as a traditional GOP stronghold in the New York City area.
On Wednesday the House ethics committee formally voted to establish an investigative subcommittee to probe Fossella’s DUI. The committee recommended deferring its inquiry until Fossella’s criminal case is resolved.
Fossella has indicated to the court that he intends to plead not guilty to his May 1 DUI. His case is scheduled to go to trial on June 27.
Legal experts say the threat of jail is still very real for Fossella, and almost certain to happen before year’s end if ordered by a judge as part of a conviction.
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