Yesterday, CREW sent an ethics complaint against Rep. Vito Fossella (R-NY) to the House Ethics Committee.

Today, The New York Times is reporting that Fossella won't be running for re-election:

After more than two weeks of damaging and scandal-filled headlines, Representative Vito J. Fossella of Staten Island has decided not to seek another term in Congress, according to several people close to him.

Mr. Fossella, 43, has been the object of intense scrutiny since he was arrested in a Washington suburb on May 1 and charged with drunken driving. At the time of his arrest, his blood alcohol level was reportedly 0.17 percent, twice the legal limit in Virginia. Under that state’s law, he faces a mandatory five days in jail if convicted.

A week after his arrest, Mr. Fossella, the only Republican representing New York City in Congress, disclosed that he had been on the way to visit Laura Fay, a retired Air Force lieutenant colonel. He acknowledged that he and Ms. Fay had had an affair and that they were the parents of a 3-year-old daughter.

Mr. Fossella is expected to issue a statement on Tuesday, according to officials close to him. It states:

“Despite the personal mistakes I have made, I am touched by the outpouring of support and encouragement I have received from so many people. Their kind words and prayers during this difficult time mean more to me than I can express. And while many have urged me to run for re-election, I believe this course of action is best for my family and our community.”

CREW still wants the Ethics Committee to act on our complaint.