Fossella runs out the clock on House Ethics Committee

In a statement by the House Ethics Committee investigating Fossella's arrest, the committee announced they will not be making any findings or recommendations due to their term expiring before Fossella's appeal is heard;

On May 21, 2008, an investigative subcommittee was established to conduct an inquiry regarding Representative Vito Fossella with respect to his arrest on or about May 1, 2008 in Alexandria, Virginia for the misdemeanor criminal charge of driving a motor vehicle while under the influence of alcohol.

The subcommittee concluded its work without a recommendation of further action against Representative Fossella. The investigative subcommittee had deferred action in this matter because of the pendency of the criminal proceedings involving Representative Fossella. Representative Fossella did not seek re-election, and the Committee will lose jurisdiction over him when his term expires on Jan. 3, 2009.

An investigation and potential removal from Congress by his colleagues would have been disastrous for any future life in politics or lobbying that likely is in Fossella's future. My guess is the appeal of his sentence has more to do with running out the clock on the House Ethics investigation than it has to do with avoiding jail time.

One last look at fund raising numbers

I enjoy the thought of no more FEC reports for a while. So here is hopefully the last recap of this race.

Mike McMahon is sitting on $241,273 with no debt.

Vito Fossella still has $220,326, though he is promising to return almost all of it;

This is in response to the Federal Election Commission's Request for Additional Information (RFAI) regarding the Committee's July Quarterly Report. Based on the RFAI and subsequent conversations with RAD Senior Campaign Finance Analyst Christian Hilland, the Committee to Re-Elect Vito Fossella will refund primary contributions made after May 20, 2008, except to the extent necessary to cover any valid outstanding primary debts, and will refund all general election contributions made to the Committee.

Fossella's treasurer in his report to the FEC claims all refunds would be paid out by Dec 12. What is curious about this is that he did not transfer any large (or any?) amounts at all to the NRCC or republican candidates. Back in September I asked what was he going to do with the money. Apparently the answer is to send a costly message to his party for not being more supportive.

And then there is Domenic Recchia. Recchia continues to sit on about $161,986, all money he can only spend on a federal race and not city council or borough president. Back in July I started asking some questions about what he was planning on doing with that money and so far there have been no answers. With term limits Recchia is obviously looking for his next gig so keeping a congressional run open in the future isn't a terrible idea, especially with Hillary's open Senate seat. Should Gov. Paterson surprise many and say appoint Rep. Nadler, then Recchia's warchest suddenly makes sense. Aside from that I have no clue what Recchia is doing, and I don't think he does either.

All figures are updated in the right hand column.

Random items from Fossella's trial

There were a few items that slipped past me that have come out with updates from Fossella's trial.

In his October trial Fossella claimed that his hand sanitizer was the cause of his .17 blood alcohol level;

"Later, he went back to his Capitol Hill office and cleaned his hands with Purell, a hand sanitizer that is more than 60 percent ethyl alcohol.

The alcohol in the hand sanitizer led to his elevated blood-alcohol reading, his attorneys said."

Five days is the lightest sentence he could receive;

The maximum penalty on the misdemeanor charge is one year in jail.

Umm;

...police there tried to give him another blood-alcohol test nearly three hours later. Initially, Fossella "claimed he was not able to perform the test and threatened to defecate on the floor of the police station if he was not allowed to use the restroom,"

Fossella appeals

After being found guilty on DWI charges and sentenced to five days in jail, current Congressman Vito Fossella has appealed his sentencing. His appeal means he will get a new trial some time next year that will be heard by a jury. More importantly though it means that a sitting member of Congress who has been arrested, found guilty and sentenced to a prison term will now get to serve out the remainder of his time in Congress while waiting for a new trial. Fossella will likely not be forced out of Congress, will continue to collect his pay check from tax payers and enjoy the perks given to those who are suppose to be in DC representing Americans as opposed to having secret lives and breaking the law. Congress likely won't even hold an ethics investigation that is prompted by any member who is arrested because of the ongoing court case. Congratulations Congressman Fossella on stooping to a new low

Fossella is prison bound

Vito Fossella is headed from the halls of Congress to a nice little one room housing behind bars ;

Chief Judge Becky J. Moore also fined the disgraced congressman $300, ordered him to complete an alcohol safety program and suspended his driver's license in the state of Virginia for one year.

"Congressman Fossella, I've been sworn to follow the law," Judge Moore said while imposing sentence in Alexandria General District Court.

Fossella sentencing at 1pm

This afternoon Vito will receive his DWI sentence.  He faces up to five days in jail.  Stay tuned for more updates.