Committee warns Traficant not to vote

James Traficant: A congressional future on the brink.

WASHINGTON (CNN) -- The House Ethics Committee warned Rep. James Traficant, D-Ohio, "in the strongest possible terms" Monday to "refrain from voting" in the House while he appeals his conviction on corruption charges.

"You risk subjecting yourself to action by this committee, and by the House, in addition to any other disciplinary action that may be initiated in connection with your criminal conviction," the committee wrote in a letter to Traficant.

The committee cited House rules to "preserve the confidence in the legislative process when a sitting member of Congress has been convicted of a serious crime."

Traficant was convicted last week on federal charges that included taking kickbacks from staff and bribes and gifts from businessmen. He could face up to 63 years in jail and $2 million in fines.

Traficant had already decided not to return to Congress this week out of fear his return to the Capitol could invite an outright attempt by his colleagues to expel him from office, his top aide in Washington said.

Any member of the House could move to expel Traficant, but expulsion itself would require a two-thirds majority.

EXTRA INFORMATION Neither Republicans nor Democrats claim Traficant

Traficant, 60, does not want to antagonize his fellow members, said his chief of staff, Charlie Straub.

"The motion could be offered regardless of whether he returns. But if he returns, it creates more of a reason for members to offer the motion," Straub said. "He doesn't want to create the political climate whereby a motion to expel would be necessary.

"The appropriate process is the ethics inquiry and recommendation," Straub said. The House Standards of Official Conduct Committee is conducting on investigation that will lead to an official recommendation for punishment.

"It's the smartest thing he's done since the trial started," a Democratic leadership aide said about Traficant's decision. The aide, who asked not to be identified, said members are "brushing up on the rules, getting ready for the process."

The nine-term Democrat lost favor with his caucus last year when he voted for Rep. Dennis Hastert, R-Illinois, for speaker of the House instead of House Democratic Leader Dick Gephardt, D-Missouri.

If a motion to expel were offered, "it would come from the Democratic leadership, which is still frustrated by his vote for Hastert," Straub said.

In fact, Gephardt was the first leader to call for Traficant's resignation. He did so hours after the jury returned its verdict last week.

Both Straub and the leadership aide predicted members would prefer to see the matter handled through the official ethics channel.

"We have a process for dealing with this," the leadership aide said. "And we have confidence in the process."

Straub said that if a motion to expel is offered, Traficant would try to return to the Capitol to defend himself.

Traficant is working in his Youngstown office, catching up on his congressional affairs, working on his appeal, and preparing his campaign for re-election, Straub said. This time he is running as an Independent.