Yesterday, we got the shocking news that the House Ethics Committee deferred action on the ethics complaint against Rep. Vito Fossella.  Today comes word that Fossella could be representing his district from a jail cell: 

If Rep. Vito Fossella (R-N.Y.) is unable to reach a deal with prosecutors on his DUI arrest, he will likely have to serve five days in jail before the end of the year, making him only the fourth sitting member of Congress to be locked up following a criminal conviction and dragging his troubles back into the spotlight just as Republicans were counting on them having vanished.

Not since Rep. John Dowdy (D-Texas) was sent to prison for his 1972 conviction for bribery, obstruction of justice and perjury has a sitting member of the House been sentenced to jail or prison following a criminal conviction, according to the House historian.

CREW sent an ethics complaint against Rep. Vito Fossella (R-NY) to the House Ethics Committee, asking for an investigation into whether he violated any House rules. Today, the Ethics Committee voted to establish an investigative subcommittee to conduct an investigation on the DWI charge, but immediately recommended that the subcommittee defer action on its investigation until Fossella’s criminal proceedings are concluded.

Upon hearing this news, Melanie Sloan, executive director of CREW, said:

The Ethics Committee deferred an investigation of Vito Fossella? We are shocked, shocked, shocked. The only thing more shocking would be if the committee decided to investigate anything…ever.

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.

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.  

Today, CREW sent an ethics complaint against Rep. Vito Fossella (R-NY) to the House Committee on Standards of Official Conduct, better known as the Ethics Committee, asking for an investigation into whether he has violated any House rules. We want to know if Rep. Fossella violated House Rules by using taxpayer funds to conduct his extra-marital affair. The actual complaint can be found here.

On May 5, 2008, Rep. Fossella was stopped and arrested for drunk driving and soon thereafter, admitted that he had been having an affair with Lieutenant Colonel Laura Fay, and that the two have a three-year-old daughter together.

Reports have indicated that the affair commenced in 2002 during a congressional trip to Europe when Lt. Col. Fay was serving as an Air Force congressional liaison officer who traveled with congressional delegations. In the summer of 2003, Rep. Fossella took part in another congressional trip to Europe, during which the affair became obvious to other attendees. Rep. Fossella was not originally invited on the trip and had asked Scott Palmer, then Speaker Dennis Hastert’s chief of staff, to include him on the trip. At the end of the trip, Rep. Fossella decided to return home from Spain on a commercial flight instead of the military transport provided, costing taxpayers $2,094. Lt. Col. Fay left Speaker Hastert while on a special tour in order to accompany Rep. Fossella to the airport. Believing that Rep. Fossella and Lt. Col. Fay were “kind of cozy,” and that Lt. Col. Fay had shirked her responsibilities, Mr. Palmer made a mental note that Rep. Fossella was not to accompany the Speaker on any further trips. He also filed a complaint with the Air Force about Lt. Col. Fay’s unprofessional conduct and asked that she be reassigned.

In addition, although little information is publicly available, Rep. Fossella allegedly was the sole member of Congress who traveled to France in January 2003 in Lt. Col. Fay’s company.

Since the Ethics Committee is required to investigate Rep. Fossella’s drunk driving charges, it should take the opportunity to consider whether, by using taxpayer funded travel to pursue his romantic relationship with Lt. Col. Fay, Rep. Fossella violated House travel rules and the prohibition on conduct that does not reflect creditably on the House.

Melanie Sloan, executive director of CREW, said:

Having an affair is one thing, conducting it at taxpayer expense is quite another. If that’s what happened, the Ethics Committee should hold him accountable. On the other hand, counting on the Ethics Committee to take action is like waiting for Godot.

Earlier this week, CREW called for the resignation of Rep. Vito Fossella.  We also asked for an investigation into this growing scandal.  However, according to the New York Daily News, Rep. Fossella is not quitting -- and is actually considering running for re-election: 

"We think he's seriously thinking about running again," the operative said.

"He's not going to resign," former Sen. Alfonse D'Amato (R-N.Y.) said on New York 1. "He can win."

State Sen. Andrew Lanza (R-S.I.), a close friend, emphasized Fossella's service to his constituents.

"I don't think anyone's fought harder or more effectively for the people of Staten Island and Brooklyn over the last 11 years," Lanza said.

A Republican source added: "They're polling it, trying to take a look at what's going on. Whatever they find, then he'll make a decision on what to do."

Fossella's outreach comes amid an unexpected sympathetic backlash for the disgraced congressman, House sources disclosed.

Pro-Fossella lawmakers served up House GOP leader John Boehner of Ohio and Rep. Tom Cole (R-Okla.), head of the National Republican Congressional Committee, a large ration of grief. The Fossella allies, led by Rep. Pete King (R-L.I.), believe he can weather the scandal and even win another term.

Boehner and Cole still think Fossella is doomed, but they have been muzzled by pleas not to pressure Fossella into a quick decision, sources confirmed.

First, the Mouth of the Potomac picked up CREW's call for Fossella's resignation:

Amid a sympathetic backlash for disgraced Rep. Vito Fossella, legal watchdog group Citizens for Responsibility and Ethics in Washington is calling for the Staten Island congressman to step down over the alleged use of taxpayer funds to pay for trips he and his admitted mistress took while on official business.

Left-leaning CREW, which played a key role in the downfall of several GOP lawmakers in 2006 and has taken on a few Democrats, too, credits aggressive reporting with revealing that “taxpayer dollars helped fund his long-standing affair.”

”By traveling the world with retired Lt. Col. Laura Fay, Mr. Fossella used his position and public money to pursue his illicit affair,” said CREW Executive Director Melanie Sloan.

The group called for Fossella to quit amid a “don’t veto Vito” blowback on Capitol Hill, in which some lawmakers contend Fossella can survive a drunken driving charge and an admitted affair with a retired Air Force officer assigned to work with Congress when the tryst began.

Then, the Daily Politics did, too, noting our criticism of former Speaker Hastert: 

The Citizens For Responsibility and Ethics in Washington became the latest today to call for Rep. Vito Fossella's immediate resignation and is also seeking an investigation into his potential use of public funds to conduct his extramarital affair.

CREW Executive Director Melanie Sloan deemed it "reprehensible" that Fossella only admitted his "two families" in the wake of his drunk driving arrest. She also slammed former House Speaker Dennis Hastert, saying he was "apparently aware of the affair."

CREW just released this statement calling for the resignation of Rep. Vito Fossella (R-NY) -- and an investigation into his actions:

Given recent disturbing reports about Rep. Vito Fossella’s (R-NY) double life over the past several years, Citizens for Responsibility and Ethics in Washington (CREW) urges the Congressman to resign immediately. It is reprehensible that only after Mr. Fossella’s DWI arrest was he forced to admit that he has two families. Aggressive reporting has also revealed that taxpayer dollars helped fund the long-standing affair. By traveling the world with retired Lt. Col. Laura Fay, Mr. Fossella used his position and public money to pursue his illicit affair.

Apparently, former Speaker Dennis Hastert (R-Ill.) was aware of the affair. While in office, Mr. Hastert extolled his party’s devotion to family values. But when did covering up your colleague’s adulterous affair become a family value?

We still may not know the full extent of Mr. Fossella’s wrongdoing. Were campaign contributions or congressional funds diverted to help finance his additional family? While this may be nothing more than a private tragedy, this situation clearly calls for a thorough investigation by federal authorities.