Dateline: 04/15/02

Ohio Democratic U.S. Rep. James Traficant, Jr., now convicted on 10 federal charges of bribery, tax evasion and racketeering, says he will not resign from Congress and will run for re-election as an independent. Can he do that?

"I still have some rights as an American," said Traficant, known for his flamboyant behavior and heartfelt one-minute "Beam me up" speeches. "I've never been a quitter. I'm not going to quit now."

Immediately after the verdict, House Democratic Leader Dick Gephardt demanded that Traficant resign the House seat to which the people of Ohio's Mahoning Valley have elected him nine times. 

"I have no plans to resign, and I intend to run as an independent in November for the 17th District of Ohio." Traficant said in response. "I will not allow the government to get rid of Jim Traficant without a fight." Traficant, a Democrat noted for often siding with Republicans, missed the deadline for running in Ohio's Democratic primary, hence his decision to run as an independent.

A sentencing hearing on June 27 could bring Traficant a maximum of 63 years in jail, but federal sentencing rules will probably result in a much shorter term.

What does having a felony conviction really mean to the political future a member of the United States Congress?  Does the Constitution really allow a convicted felon to run for election? Since it does not specifically disqualify persons convicted or accused of crimes from serving in Congress, the Constitution does not prohibit them from running or being elected. 

According to Bill Kimberling, deputy director of the office of election administration for the Federal Election Commission, "The founding fathers thought about that but didn't include it in the Constitution because they were afraid a sitting president could have all the members of his opposition arrested. They could be convicted felons and then nobody could run against him." 

Under the Rules of the House -- Code of Official Conduct, Representatives convicted of crimes carrying prison terms of two or more years should (not must) "refrain from voting" and "refrain" from taking part in the business of all committees of which they are members. Nothing in the Rules, however, prevents convicted members from attending regular sessions, speaking before the whole House -- or running for re-election. Traficant will be allowed to attend House sessions while awaiting sentencing.  

The House Ethics Committee can impose punishments on members convicted of crimes, including censure, public reprimand, fines and expulsion from the House. 

In the entire history of the House, only four Members have been expelled, three of them for conduct traitorous to the Union in the Civil War era, and one since the Civil War for bribery.

Jurors in Traficant's trial concluded he had coerced local Youngstown, Ohio businessmen to do free work on his farm in return for attempting to influence state and federal government officials in their favor. Traficant was also found guilty of making some of his congressional staff members pay him a part of their salaries and of forcing others to perform work on his farm.

Traficant, though not a lawyer, defended himself in the 10-week trial, contending that the evidence against him was circumstantial. Following the guilty verdicts, Traficant said he would base his appeal on what he called the "mishandling" of the case by U.S. District Judge Lesley Wells. "I will appeal the verdict because the judge very clearly mishandled this case and was prejudiced toward the government's case from day one," he said.

"At the heart of all public service is personal integrity," said House Democratic Leader Dick Gephardt. "A member of Congress who breaks the law betrays the public trust and brings discredit to the House of Representatives."

"If men were angels, no government would be necessary," said James Madison, in The Federalist 51, published in 1788.