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Cunningham Keeps His Pension
The Hill
Jackie Kucinich
November 30, 2005
Rep. Randy "Duke" Cunningham (R-Calif.) will soon relinquish many of his
properties and his freedom after pleading guilty to charges of fraud and
conspiracy, but he will keep his government pension and could retain the
privileges enjoyed by other former members of Congress.
Cunningham has served in the House 17 years, and his right to his federal
pension will not be affected by his crimes, according to a senior House aide
familiar with the rules. He will also receive benefits accrued during his
service in the U.S. Navy, in which he served from 1966 to 1987.
Ordinarily, upon leaving Congress, former House members, like former
senators, get lifetime floor privileges, access to the gym and a parking
space.
"The Speaker's office has yet to receive his letter of resignation," said
Ron Bonjean, a spokesman for Speaker Dennis Hastert (R-Ill.), but he added that
the office expects the letter soon. "We are looking at this matter very
seriously," he said.
Cunningham's access to the usual privileges has not been discussed, Bonjean
said.
The Federal Elections Commission allowed Cunningham to use campaign funds to
pay legal fees, according to a source close to the congressman. It was not
clear how much was in Cunningham's war chest before the investigation.
Cunningham had $627,388 on hand as of Sept. 30, according to
PoliticalMoneyLine.
Cunningham's congressional office will continue to function under the
supervision of the clerk of the House until a new member has been elected for
California's 50th District, according to Harmony Allen, Cunningham's chief of
staff, who released a statement yesterday expressing the staff members' sorrow
for their former boss and his family.
"The office will not comment any further on [Monday's] proceedings other
than to say that we are praying for Duke in these exceedingly difficult times,"
Allen said. "The office is working closely with the clerk of the House to
ensure that the needs of the constituents of the 50th District of California
are met throughout this transition."
A source familiar with the situation in Cunningham's office, which will
become the office of the 50th District of California once the formal
resignation process has concluded, said that while most staff members are not
"rushing out the door," they are looking for positions elsewhere in preparation
for the changeover to a new member.
Gov. Arnold Schwarzenegger (R) has 14 days from Cunningham's official
resignation to set the date for the special election.
Cunningham, a member of the House Appropriations Committee's Defense and
Intelligence subcommittees, announced Monday that he will resign from Congress
after he pleaded guilty in a California district court to charges of tax
evasion and conspiracy. He will be sentenced Feb. 27 and could receive up to
five years in prison on each of the two counts. In entering a guilty plea, he
admitted taking $2.4 million in bribes.
"Some time ago, I asked my lawyers to inform the U.S. Attorney Carol Lam
that I would like to plead guilty and begin serving a prison term," Cunningham
said during his emotional statement Monday. "Today is the culmination of that
process. … I will continue to cooperate with the government's ongoing
investigation to the best of my ability."
In 2002, former Ohio Rep. James Traficant (D) was convicted on 10 counts of
racketeering, fraud and bribery. He is serving an eight-year sentence in Summit
County Jail in Akron, Ohio.
In 2003, after Traficant was expelled from Congress, a handful of House
Republicans introduced a bill that would prevent any lawmaker from receiving a
congressional pension after being expelled. Currently, only members convicted
of "high crimes" such as treason can lose their pensions.
Republican Reps. Jeff Miller (Fla.) Ginny Brown-Waite (Fla.), Howard Coble
(N.C.), Joe Pitts (Pa.) and Lee Terry (Neb.) sponsored the legislation. It
stalled after being sent to the House Administration and Government Reform
committees for action.
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