Yes, we know Rep. Vito Fossella isn't running for re-election.  But, he is still a member of the House and his actions should be investigated by the House Ethics Committee.  Yesterday, the Majority Leader, Steny Hoyer, seemed to concur.  We'll believe it when we see it:

House Majority Leader Steny Hoyer (D-Md.) told reporters Tuesday morning that the House ethics committee may be required to look into possible violations of House rules by Rep. Vito Fossella (R-N.Y.).

Hoyer said he didn’t want to comment directly on the Fossella case but elaborated by saying that ethics “has a responsibility” to investigate a lawmaker’s behavior “at any time that it knows of conduct that may be in violation of the rules or affect adversely on the institution.”

The Staten Island lawmaker announced late Monday night that he wouldn’t run for re-election after a May 1 drunken-driving arrest that forced the revelation of an affair and an out-of-wedlock daughter.

Fossella admitted to an extramarital affair with retired Air Force official Laura Fay, with whom he went on Congressional trips. Citizens for Responsibility and Ethics, a left-leaning watchdog group, urged the ethics committee to investigate the allegedly improper use of taxpayer dollars to fund travel to pursue the affair.

Those actions are something “certainly that would fall under” the purview of the ethics committee, Hoyer said.