[House Report 107-594] [From the U.S. Government Publishing Office] 107th Congress Report HOUSE OF REPRESENTATIVES 2d Session 107-594 ====================================================================== IN THE MATTER OF REPRESENTATIVE JAMES A. TRAFICANT, JR. _______ July 19, 2002.--Referred to the House Calendar and ordered to be printed _______ Mr. Hefley and Mr. Berman, from the Committee on Standards of Official Conduct, submitted the following R E P O R T [To accompany H. Res. 495] The Committee on Standards of Official Conduct (``Committee'') submits this privileged report pursuant to House Rule XI, Clause 3(a)(2) and House Rule XIII, Clause 5(a)(5), which authorize the Committee to investigate any alleged violation by a Member, officer, or employee of the House of Representatives of the Code of Official Conduct or of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee and to submit to the House a privileged report recommending action by the House as a result of such an investigation. This report summarizes the Committee's investigation of Representative James A. Traficant, Jr. relating to Representative Traficant's conviction in federal district court on 10 felony charges primarily related to Representative Traficant's official actions as a Member of the U.S. House of Representatives, gives the evidence supporting the Committee's findings, and explains the Committee's reasons for recommending to the House of Representatives that, pursuant to Article I, Section 5, Clause 2 of the United States Constitution and Committee Rule 25(e), that Representative Traficant be expelled from the U.S. House of Representatives. A. Procedural History On July 17, 2002, the Adjudicatory Subcommittee found that the evidence presented by the Investigative Subcommittee was sufficient to prove Counts I-IX of the SAV by clear and convincing evidence. On July 18, 2002, the Adjudicatory Subcommittee reported its findings to the Committee pursuant to Committee Rule 24(p). That same day, the Committee on Standards of Official Conduct held a Sanctions Hearing at which counsel for the Committee and Representative Traficant, pro se, made oral submissions regarding the sanction the Committee should recommend to the House. Following the hearing, the Committee met in executive session to deliberate on what, if any, sanction should be recommended to the House of Representatives, pursuant to Committee Rule 25(c). The Committee also adopted a resolution for submission to the House of Representatives and adopted a report to accompany that resolution. B. Findings of the Committee on Standards of Official Conduct and Reasons for the Recommended Sanction As its findings in this matter, the Committee on Standards of Official Conduct adopts the report of the Adjudicatory Subcommittee, which is attached to this report. After carefully considering that report and the oral submissions of Committee counsel and of Representative Traficant at the sanction hearing in this matter, the Committee concluded that the nine violations committed by Representative Traficant were of the most serious character meriting the strongest possible Congressional response. Accordingly, the Committee agreed by a unanimous vote to recommend that the House of Representatives adopt a Resolution in the following form: house resolution Resolved, That, pursuant to Article I, Section 5, Clause 2 of the United States Constitution, Representative James A. Traficant, Jr., be, and he hereby is, expelled from the House of Representatives. Pursuant to Committee Rule 25(h), the Committee also directed that a report containing a summary of the evidence and the reasons for adopting the recommended sanction be prepared to accompany the resolution when it is submitted to the House of Representatives. Statement Pursuant to House Rule XIII, Clause 3(C)(1): No oversight findings are considered pertinent.