House Holds 2 in Contempt Over Cherfilus-McCormick Probe, Sending Case to DOJ

Q: Will the Justice Department send a sitting mayor to jail over a multi-million dollar FEMA fraud investigation?

Not yet. The Justice Department has only received the House referral and must decide whether to prosecute North Miami Beach Mayor Michael Joseph for criminal contempt of Congress. Jail is possible, but only if prosecutors bring the case and he is convicted in court. The House vote was about Joseph’s alleged refusal to comply with Ethics Committee subpoenas, not a direct vote on the underlying FEMA fraud allegations. The potential charge here is contempt of Congress, a misdemeanor that can carry up to one year in jail and a fine of up to $100,000. That means any immediate legal risk to Joseph comes from the subpoena fight, even though the subpoenas arose from the broader investigation into former Rep. Sheila Cherfilus-McCormick. Whether DOJ moves forward is uncertain. Criminal contempt referrals from Congress do not automatically result in prosecution. Prosecutors would weigh the validity of the subpoenas, whether Joseph’s noncompliance was willful, and his claim that attorney-client privilege justified withholding information. Congress rejected that defense, but privilege disputes can complicate contempt cases. There is precedent for jail in contempt-of-Congress cases, but it is uncommon and typically follows a full prosecution and conviction. Joseph has denied wrongdoing and said he cooperated as required by law. So the short answer is that DOJ could seek jail time, but it has not done so, and Joseph will not go to jail unless prosecutors file charges and win a conviction.

1 articles · Updated · Fox News · Sep 1

The House unanimously voted Tuesday to hold North Miami Beach Mayor Michael Joseph and former aide Hector Roos in contempt of Congress for defying Ethics Committee subpoenas in the Sheila Cherfilus-McCormick investigation.
DOJ now must decide whether to prosecute; a contempt conviction can bring up to $100,000 in fines and as much as 1 year in jail.
Ethics Chairman Michael Guest said Roos filed inaccurate FEC reports, while Joseph improperly routed corporate funds to Cherfilus-McCormick's campaign and backed earmark requests for entities he supported.
Lawmakers rejected Joseph's attorney-client privilege defense, and no member demanded a roll-call vote, signaling bipartisan support for enforcing the committee's authority.
The contempt referrals deepen fallout from the former Florida Democrat's case after her resignation and a federal indictment alleging she and others diverted $5 million in FEMA funds into her 2021 campaign; she has pleaded not guilty.