The Department of Justice (DOJ) announced the indictment of Rep. Henry Cuellar (D-TX) and his wife charging bribery, conspiracy, unlawful foreign influences, and money laundering. The Cuellars are alleged to have accepted nearly $600,000 in this scheme.
The DOJ claims that "the bribe payments were allegedly laundered, pursuant to sham consulting contracts, through a series of front companies and middlemen into shell companies owned by Imelda Cuellar, who performed little to no legitimate work under the contracts."
The indictment charges that, in exchange for bribe payments from the Azerbaijan oil company, Rep. Cuellar “agreed to perform official acts in his capacity as a Member of Congress, to commit acts in violation of his official duties, and to act as an agent of the Government of Azerbaijan” and a bank based in Mexico City.
In some quarters, quick calls for resignation rang out by many Republicans, while others and any Democrats took a more measured, due process approach. By and large, Democrats appear willing to let the Cuellars have their day in court while at the same time not further risking their majority. Calls for the presumption of innocence seem to carry the day on the Democrat side of the aisle.
House Minority Leader Hakeem Jeffries’ spokesperson released a statement shortly after Cuellar’s charges were announced, saying that the congressman is entitled to the presumption of innocence.
“Henry Cuellar has admirably devoted his career to public service and is a valued Member of the House Democratic Caucus. Like any American, Congressman Cuellar is entitled to his day in court and the presumption of innocence throughout the legal process,” said Jeffries.
The National Republican Congressional Committee took a different approach and quickly called on Cuellar to resign.
“If his colleagues truly believe in putting ‘people over politics,’ they will call on him to resign,” Delanie Bomar, said a spokesperson for the NRCC.
This is the same approach Rep. Nick LaLota (R - NY) and some others took over the claims against then Rep. George Santos. Republicans like LaLota did not wait for due process and seem not to calculate the cost to their majority when making demands for resignation or expulsion.
“If you’ve been indicted by the DOJ, you should resign for the good of the institution,” said Rep. Mike Lawler (R-NY), a first-term congressman from Rockland County.
“Everyone has a right to their day in court, but with trust in Congress at an all-time low we must hold members to a higher standard and put the integrity of the institution above all other considerations.”
None of this was lost on former Rep. George Santos (R-N.Y.) who went after former House colleagues over the weekend on X, asking if they would draft a resolution to expel Rep. Henry Cuellar (D-Texas).
It’s worth noting that there are no moves of any consequence against Sen. Menendez (D - NJ) and he is alleged, among a slew of charges, to have hidden gold bars in windbreakers and $566,000 was found stuffed in envelopes. How is his ability to function any less than that of Cuellar or Santos? The Democrat held senate is not about to risk their majority and expel Menendez until a conviction forces their hand or he loses an election.
Perhaps Democrats learned a lesson of sorts when so many pressured then Sen. Al Franken (D-MN) to resign immediately and were not willing to wait for any sort of due process to play out. Many Democrats are on the record now either regretting, or having reservations about, their call for Franken to resign so quickly.
Of course, it’s not all about Democrats suddenly finding support for due process, but rather common sense politics to not endanger your majority until you must. Republicans would do well in the future to follow the Democrat’s lead by allowing due process to unfold while being protective of their majority in the meantime. You can have both the high ground of supporting the presumption of innocence while at the same time not shooting your majority in the proverbial foot. These two things don’t always align, but they do here.